Explanatory note
(This note is not part of the Regulations)
These Regulations consolidate with amendments the Hill Livestock (Compensatory Allowances) Regulations 1992, as amended. The Regulations extend to Great Britain. They comply with Council Directive 75/268/EEC on mountain and hill farming and farming in certain less–favoured areas, as amended by Council Directive No. 80/666/ EEC, and with Articles 17 to 19 of Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures, as amended by Council Regulation (EEC) No. 870/93. The Regulations also make provision for the first time for the administration and enforcement of provisions for payment of compensatory allowances contained in Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes.
The Regulations continue to provide for the payment of an annual compensatory allowance for cattle and sheep which are maintained by the occupier of “eligible land” (regulation 3). “Eligible land” continues to be defined as land located in a less–favoured farming area which is shown on designated maps and which is “disadvantaged” or “severely disadvantaged”; the maps are available for inspection during normal office hours at the addresses specified in the definition of “designated maps” (regulation 2(1)). The rates of payment of the allowance are reduced to 20.3 ECU per cow and 3.045 ECU per ewe, but the total amounts which may be paid per hectare of land remain the same (regulation 3).
Apart from minor and drafting amendments, the following changes are also made by these Regulations–
detailed new conditions are introduced relating to the number of animals in respect of which an allowance may be paid (regulations 4(3)(a) to (c) and 5(2)(a) to (c));
an application for an allowance must be made in a specified period (regulation 6);
powers of entry and inspection are enlarged (regulation 7);
the rate of interest payable on amounts recovered in specified circumstances is prescribed (regulation 11);
new offences are created (regulation 12(a) and (b)) and penalties are prescribed in respect of them (regulation 13(1));
time limits for bringing prosecutions are specified (regulation 14) and provision is made for dealing with offences committed by corporate bodies and Scottish partnerships (regulation 15).