7.—(1) The Secretary of State may increase the amount of any payment made under these Regulations by up to 10% if the fund available for uplands transitional payment is greater than anticipated because—
(a)the amount of eligible forage area in respect of which such payments are payable is smaller than anticipated, or
(b)the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for uplands transitional payments, is or is likely to be greater than anticipated.
(2) The Secretary of State may decrease the amount of any payment made under these Regulations by up to 10% if that fund is smaller than anticipated by the Secretary of State because—
(a)the amount of eligible forage area in respect of which such payments are payable is greater than anticipated, or
(b)the budget allocation for the Rural Development Programme for England 2007-2013, or that part of that budget available for uplands transitional payments, is or is likely to be smaller than anticipated.
(3) Any increase applied under paragraph (1) or decrease applied under paragraph (2) must be applied in the same proportion to each claimant’s payment.
(4) The “Rural Development Programme for England 2007-2013” is the Programme for England approved by the European Commission on 7th December 2007 under Article 18(4) of Council Regulation 1698/2005.