Regulation 6 Amendment of regulation 10I1

for paragraph (1) substitute–

• “The following provisions of this regulation shall apply for the purposes of the Scheme 2005 payment where the stocking density calculated in accordance with paragraph (4) and Parts I and II of Schedule 1 based on eligible agricultural activity undertaken in the calendar year 2004 is either less than the minimum stocking density or greater than the maximum stocking density–

  1. (a)

     at the start of the retention period where eligibility rests on livestock claimed under the Sheep Annual Premium Scheme;

  2. (b)

     at the start of the retention period where eligibility rests on livestock claimed under the Suckler Cow Premium Scheme;

  3. (c)

     during the calendar year 2004 where eligibility rests on livestock declared separately in an application for less favoured area support; or

  4. (d)

     in the opinion of the Scottish Ministers where eligibility must be determined from a combination of livestock described in sub-paragraphs (a) to (c) above.”; and

in paragraphs (2) and (3) for “2003” wherever that year occurs, substitute “2004”.