{
  "url": "https://openlegislation.uk/common-agricultural-policy-single-farm-payment-and-support-schemes-scotland-regulations-2005/regulation-2",
  "json_url": "https://openlegislation.uk/common-agricultural-policy-single-farm-payment-and-support-schemes-scotland-regulations-2005/regulation-2.json",
  "legislation": "ssi/2005/143",
  "legislation_title": "The Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/common-agricultural-policy-single-farm-payment-and-support-schemes-scotland-regulations-2005",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations–\n“the Act of Accession” means the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded;\n“the Cattle Tracing Regulations” means–\n(a) the Bovine Animals (Records, Identification and Movement) Order 1995,\n(b) the Cattle Identification Regulations 1998,\n(c) the Cattle Database Regulations 1998, and\n(d) the Cattle (Identification of Older Animals) (Scotland) Regulations 2001;\n“Commission Regulation 795/2004” means Commission Regulation (EC) No. 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Commission Regulation (EC) No 1974/2004;\n“Commission Regulation 796/2004” means Commission Regulation (EC) No. 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation 1782/2003, as amended by Commission Regulation (EC) No. 239/2005;\n“Commission Regulation 1973/2004” means Commission Regulation (EC) No. 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials;\n“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund, amended by Commission Regulation (EC) No. 1783/2003, the Act of Accession, Council Regulation (EC) No. 567/2004 and Council Regulation (EC) No. 583/2004;\n“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support under the common agricultural policy and establishing certain support schemes for farmers, as amended by Council Regulation (EC) No. 21/2004, Council Regulation (EC) No. 583/2004 and Council Regulation (EC) No. 864/2004;\n“Council Regulation 820/97” means Council Regulation (EC) No 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products;\n“Council Regulation 1251/1999” means Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable crops, as amended;\n“the Cross-Compliance Regulations” means the Common Agricultural Policy Single Payment and Support Schemes (Cross-Compliance) (Scotland) Regulations 2004;\n“direct payment” has the meaning given to it in Article 2(d) of Council Regulation 1782/2003;\n“electronic communication” has the same meaning as in the Electronic Communications Act 2000;\n“farmer” has the meaning given to it in 2(a) of Council Regulation 1782/2003;\n“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Schedule 1;\n“IACS Regulations” means the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005;\n“land set aside for non-food purposes” means land set aside pursuant to Article 55(b) of Council Regulation 1782/2003 under the conditions laid down in Chapter 16 of Commission Regulation 1973/2004 for the provision of materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, and any reference to a farmer setting aside land for that purpose shall be construed accordingly;\n“land set aside from production” means land set aside pursuant to Article 54(3) of Council Regulation 1782/2003 (other than land set aside for non-food purposes), and any reference to a farmer setting aside land from production shall be construed accordingly;\n“organic waste” means waste material produced by or from animals or plants as a by product of agricultural production, including animal bedding;\n“Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and requiring the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97;\n“relevant competent authority” has the meaning given to it in regulation 5 of the IACS Regulations;\n“set aside period” means the period from 15th January to 31st August (inclusive) in any given year;\n“single application” has the meaning given to it in Article 2(11) of Commission Regulation 796/2004;\n“single farm payment scheme” means the single payment support scheme established under Title III of Council Regulation 1782/2003; and\n“watercourse” includes a canal and field ditch.\n(2) Except in Part 6 of, and Schedule 4 to, these Regulations, in these Regulations “holding” has the meaning given to it in Article 2(b) of Council Regulation 1782/2003.\n(3) Except in regulation 27, in these Regulations “farmer” has the meaning given to it in Article 2(a) of Council Regulation 1782/2003, “collector” has the meaning given by Article 144(b) of Commission Regulation 1973/2004, and “processor” has the same meaning as in that Regulation.\n(4) Expressions used in these Regulations which are not defined in these Regulations shall be construed in accordance with Council Regulation 1782/2003, Commission Regulation 795/2004, Commission Regulation 796/2004 and Commission Regulation 1973/2004.\n(5) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.\n(6) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in force at 18.4.2005, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "O.J. L 236, 23.09.2003, p.33."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1995/12, partially revoked by S.I. 1998/871."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1998/871, amended by S.I. 1998/1796, 1998/2969 and 1999/1339."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1998/1796, amended by S.S.I. 2002/22."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.S.I. 2001/1 as amended by S.S.I. 2002/22."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "O.J. No. L 141, 30.4.2004, p.1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "O.J. No. L 345, 20.11.2004, p.85."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "O.J. No. L 141, 30.4.2004, p.18."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "O.J. No. L 42, 12.2.2005, p.3."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "O.J. No. L 345, 20.1.2004, p.1."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "O.J. No. L 160, 26.6.1999, p.80."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "O.J. No. L 270, 21.10.2003, p.70."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "See Annex II of the Act of Accession, part 6, paragraph 26."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "O.J. No. L 90, 27.3.2004, p.1."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "O.J. No. L 91, 30.3.2004, p.1."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "O.J. No. L 270, 21.20.2003, p.1."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "O.J. No. L 5, 9.1.04, p.8."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "O.J. No. L 91, 30.3.04, p.1."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "O.J. No. L 206, 9.6.04, p.20."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "O.J. No. L 117, 7.5.97, p.1, repealed by Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (O.J. No. L 204, 11.8.00, p.1)."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "O.J. No. L 160, 26.6.1999, p.1, as amended by Council Regulations (EC) No. 2704/1999 (O.J. No. L327, 21.12.1999, p.12), (EC) No. 1672/2000 (O.J. No. L 193, 29.7.2000, p.13), (EC) No. 1038/2003 (O.J. No. L 145, 31.5.2001, p.16) and (EC) No. 1782/2003 (O.J. No L 270, 21.10.2003, p.1)."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "S.S.I. 2004/518."
    },
    {
      "type": "footnote",
      "label": "f23",
      "text": "2000 c. 7."
    },
    {
      "type": "footnote",
      "label": "f24",
      "text": "S.I. 2005/218."
    },
    {
      "type": "footnote",
      "label": "f25",
      "text": "O.J. No. L 204, 11.8.00, p.1."
    }
  ],
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  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/143/regulation/2",
    "retrieved_at": "2026-10-28T22:26:53.490533+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."
}