The Hill Farm Allowance Regulations 2010

Interpretation E+W

2.  In these Regulations—

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;

“breeding cow” means a suckler cow or a heifer;

“claim” means a claim for hill farm allowance made in a single payment scheme application;

“claimed forage area” means land included as forage land in a single payment scheme application or related less favoured area allowance application;

“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965(1) or the Commons Act 2006(2);

“Council Regulation 1257/1999” means Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(3);

“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(4);

“Council Regulation 73/2009” means Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003(5);

“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;

“eligible forage area” means such part of the qualifying forage area that is severely disadvantaged land;

“the England LFA maps” has the meaning given in regulation 3;

“ewe” means a female sheep which was at least one year old on 1st January 2010, or had lambed by that date;

“forage area” has the same meaning as in Article 2(k) of Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation 73/2009(6);

“heifer” means a female bovine animal aged 8 months or over which has not yet calved;

“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999;

“holding” has the same meaning as in Article 2(b) of Council Regulation 73/2009;

“individual quota” has the same meaning as in Article 65(i) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(7);

“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;

“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit—

(a)

one suckler cow;

(b)

one heifer aged 24 months or over;

(c)

1.67 heifers under the age of 24 months; and

(d)

6.67 ewes;

“moorland” has the meaning given in regulation 4;

“notional livestock density” means the number of livestock units per hectare of the claimant’s disadvantaged land and severely disadvantaged land, calculated in accordance with Schedule 1 (notional livestock density);

“other competent authority” means the Scottish Ministers, the Welsh Ministers or, in Northern Ireland, the Department of Agriculture and Rural Development;

“permanent pasture” means non-rotational land used for grass production (sown or natural) on a permanent basis (five years or longer);

“qualifying forage area” means the claimed forage area or, where regulation 8 applies, such part of that area as remains following deductions made to it in accordance with that regulation;

“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Article 36(a)(i) or (ii) of Council Regulation 1698/2005 or Chapter V of Title II of Council Regulation 1257/1999;

“relevant animals” means, in relation to a claimant, the breeding cows and ewes determined as relevant animals in accordance with Schedule 2 (relevant animals);

“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;

“single payment scheme” means the support scheme established under Title III of Council Regulation 73/2009;

“single payment scheme application” means an application to the single payment scheme submitted in 2009 in accordance with Article 19 of Council Regulation 73/2009 and Title II of Part II of Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation 73/2009 as regards cross-compliance, modulation and the integrated administration and control system under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector(8);

“suckler cow” has the same meaning as in Article 109(d) of Council Regulation 73/2009.

Commencement Information

I1 Reg. 2 in force at 24.2.2010, see reg. 1(b)

(1)

1965 c. 64.

(2)

2006 c. 26.

(3)

OJ No L 160, 26.6.1999, p80, last amended by Council Regulation 1698/2005.

(4)

OJ No L 277, 21.10.2005, p1, last amended by Council Regulation (EC) No 473/2009 (OJ No L 144, 9.6.2009, p3).

(5)

OJ No L 30, 31.1.2009, p16.

(6)

OJ No L 316, 2.12.2009, p1.

(7)

OJ No L 299, 116.11.2007, p1, last amended by Council Regulation (EC) No 1140/2009 (OJ No L 312, 27.11.2009, p4).

(8)

OJ No L 316, 2.12.2009, p65.