# The Heather Moorland (Livestock Extensification) (Scotland) Regulations 1995, Regulation 7: Restrictions on acceptance of applications


(1) The Secretary of State shall not accept an application unless he is satisfied that, having regard to—
(a) the condition of the moorland on the applicant’s production unit or common grazing at the time of the submission of the application;
(b) the management plan which has been proposed in relation to that moorland; and
(c) the right of any other person to use the production unit or common grazing for grazing;
the proposals for reduction in stocking rate will result in significant environmental benefit to the moorland on the applicant’s production unit or common grazing.
(2) The Secretary of State shall not accept an application unless he is satisfied that the tenant has notified the landlord of that land in writing of his intention to make the application.
(3) The Secretary of State may refuse an application where he is satisfied that the applicant is or is likely to be, for the whole or any part of the extensification period, unable to comply with the extensification obligations.
(4) The Secretary of State shall not accept an application in respect of moorland situated in an Environmentally Sensitive Area designated under section 18 of the Agriculture Act 1986.
(5) The Secretary of State may refuse to accept an application where he is satisfied that—
(a) the use of any land in accordance with the proposals contained in that application would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or by the European Community;
(b) the payment of aid under these Regulations would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Community.

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Source: https://www.legislation.gov.uk/uksi/1995/891/regulation/7 (the official version)
Page: https://openlegislation.uk/heather-moorland-livestock-extensification-scotland-regulations-1995/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.