OpenLegislation

Paragraph 2

Scotland

(1)

A farmer must—

(a)

stock the land for a period or periods totalling not less than 183 days in any calendar year, in accordance with the minimum stocking density; or

(b)

carry out an environmental assessment of the land in each calendar year which comprises—

(i)

a map and description of the farm environment;

(ii)

surveys of breeding birds, mammals, butterflies and plant health; and

(iii)

monitoring of habitats.

(2)

In this Part—

  • “dairy ring fence area” has the meaning given in Part 3 of this Schedule;

  • “livestock unit” means a unit of measurement of livestock numbers, and each of the following constitute one livestock unit—

    1. (a)

      one beef cow over 24 months of age;

    2. (b)

      1.66 beef cows over 20 months and up to and including 24 months of age;

    3. (c)

      within the dairy ring fence area, one dairy cow over 24 months of age;

    4. (d)

      within the dairy ring fence area, 1.66 dairy cows over 20 months and up to and including 24 months of age;

    5. (e)

      6.66 breeding ewes F1, ewe hoggs or gimmers;

    6. (f)

      6.66 breeding female goats kept as part of a regular breeding herd for fibre production;

    7. (g)

      3.33 breeding female farmed deer aged 27 months and over;

    8. (h)

      5 breeding female farmed deer aged over 6 months but less than 27 months of age; F2...

    9. (ha)

      F32.5 farmed stags aged 27 months and over; or

    10. (i)

      3.33 breeding female llamas kept as part of a regular breeding herd; and

  • “minimum stocking density” means—

    1. (a)

      a stocking density of 0.05 livestock units per hectare; or

    2. (b)

      a stocking density of less than 0.05 livestock units per hectare where the farmer can demonstrate that such a stocking density is appropriate for the land by reference to—

      1. (i)

        the historic records kept in respect of the carrying capacity of the holding; or

      2. (ii)

        an environmental management agreement which the farmer has entered into with Scottish Natural Heritage M1 or an agri-environment commitment to which the farmer is subject under Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) etc M2 or under Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 M3.

Annotations

Textual amendments

F1

Words in sch. 1 Pt. 2 inserted (27.6.2015) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/215), regs. 1(3), 8

F2

Word in sch. 1 para. 2(2)(h) omitted (15.5.2018) by virtue of The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 10(a)

F3

sch. 1 para. 2(2)(ha) inserted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 10(b)

Marginal citations

M1

Scottish Natural Heritage was established under section 1 of the Natural Heritage (Scotland) Act 1991 (1991 c.28).

M2

OJ L 277, 21.10.2005, p.1, as last amended by Regulation (EU) No 1312/2011 of the European Parliament and of the Council (OJ L 339, 21.12.2011, p.1). Regulation 1698/2005 was repealed subject to savings by Article 88 of Regulation (EU) No 1305/2013.

M3

OJ L 347, 20.12.2013, p.487, as amended by Regulation (EU) No 1310/2013 (OJ L 347, 20.12.2013, p.865).