Regulation 2 Interpretation

In these Regulations, unless the context otherwise requires–

• “activities” means the activities referred to in regulation 3(3) and “activity” shall be construed accordingly;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

• “application for grant” means an application under these Regulations and includes an application made under regulation 7(1);

• “applicant” means an applicant under these regulations and in regulations 8, 11, 12 and 13 includes a person whose application for grant has been accepted and a person who takes on an undertaking on a change of occupation as provided in regulation 10;

• “Commission Regulation” means Commission Regulation (EC) No.746/96^f1 laying down detailed rules for the application of the Council Regulation;

• “conservation audit” means a report of a survey of eligible land which identifies the extent and location of features of conservation interest (including flora and fauna, geological and physiological features and features of archaeological interest) and the opportunities for enhancement of such features;

• “Council Regulation” means Council Regulation (EEC) No.2078/92^f2 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside as last amended by Commission Regulation (EC) No. 2772/95^f3;

• “environmentally sensitive area” means an area designated as an environmentally sensitive area under section 18 of the Agriculture Act 1986^f4;

• “eligible land” means land which does not lie within an environmentally sensitive area and which is used for agriculture, is set-aside land or is a habitat site as defined in regulation 2(1) of the Habitats (Scotland) Regulations 1994^f5;

• “grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 1993^f6 and includes a grazings constable;

• “IACS” means the integrated administration and control system established by Council Regulation (EEC) No.3508/92^f7

• “landlord” means–

  1. (a)

     in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991^f8 (the “1991 Act”) applies, the landlord within the meaning of section 85 of that Act;

  2. (b)

     in the case of a croft within the meaning of the Crofters (Scotland) Act 1993 the landlord within the meaning of section 61(1) of that Act;

  3. (c)

     in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911^f9 to which the 1991 Act does not apply, the same as it means in the 1911 Act;

  and, where appropriate, includes a head tenant;

• “moorland” means land with predominantly semi-natural upland vegetation or comprising predominantly rock outcrops and semi-natural vegetation used primarily for rough grazing;

• “relevant period” means a period of not less than 5 years or, in the case of an undertaking under these Regulations which is in substitution for an undertaking given under any of the Regulations mentioned in regulation 7(1) of these Regulations, a period which together with the expired period of the undertaking under those Regulations forms a continuous period of not less than 5 years;

• “set-aside land” means set aside land as defined in the Arable Area Payments Regulations 1996^f10;

• “tenant” means–

  1. (a)

     in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991 (the “1991 Act”) applies, the tenant within the meaning of section 85 of that Act;

  2. (b)

     in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, the crofter within the meaning of section 3(3) of that Act;

  3. (c)

     in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1991 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act;

  and, where appropriate, includes a sub-tenant.

Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.

Words and phrases used in Schedules 1 to 4 and not defined in paragraph (1) shall be construed in accordance with Schedule 5.