{
  "url": "https://openlegislation.uk/arable-area-payments-regulations-1994/regulation-9",
  "json_url": "https://openlegislation.uk/arable-area-payments-regulations-1994/regulation-9.json",
  "legislation": "uksi/1994/947",
  "legislation_title": "The Arable Area Payments Regulations 1994",
  "legislation_url": "https://openlegislation.uk/arable-area-payments-regulations-1994",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Requirements in relation to rapeseed",
  "text": "(1) A farmer who sows farm-saved rapeseed on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding.\n(2) For the purposes of paragraph (1) above seed is qualifying seed if it was harvested—\n(a) during the pre-sowing harvest; or\n(b) subject to paragraph (3) below, during the harvest immediately preceding the pre-sowing harvest.\n(3) Seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of paragraph (1) above only if—\n(a) climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in paragraph (1) above or to obtain the results of the mandatory analysis, before the time at which it would be necessary to sow seed in order to obtain a successful crop; and\n(b) the farmer has informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of sub-paragraph (a) above were satisfied.\n(4) A farmer—\n(a) who sows—\n(i) a crop of high erucic acid rapeseed within 100 metres of a previously sown crop of OO rapeseed, or\n(ii) a crop of OO rapeseed within 100 metres of a previously sown crop of high erucic acid rapeseed, shall not be regarded as having sown the crop sown later; and\n(b) who, where sub-paragraph (a) applies, sowed both crops, shall not be regarded as having sown either crop,\nin accordance with locally recognised standards as required by Article 2(1)(d) of Commission Regulation 2294/92.\n(5) For the purpose of this regulation;\n(a) the “pre-sowing harvest” is the harvest immediately preceding the autumn or spring in which the seed is sown;\n(b) the “seed sampler” is an appointed agent of the Minister whom the Minister has authorised by letter to take the samples required for mandatory analysis;\n(c) a “mandatory analysis” is the analysis required by Annex III of Commission Regulation 2294/92 to ensure that farm-saved rapeseed to which Article 3(1)(b) of that Regulation applies conforms to the minimum quality criterion specified in that Annex; and\n(d) “OO rapeseed” is any variety of oilseed rape listed in Annex II to Commission Regulation 2294/92.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/1994/2287",
      "affecting_title": "The Arable Area Payments (Amendment) Regulations 1994"
    },
    {
      "type": "added",
      "affecting": "uksi/1994/2287",
      "affecting_title": "The Arable Area Payments (Amendment) Regulations 1994"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/947/regulation/9",
    "retrieved_at": "2026-10-29T13:35:37.543462+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}