Regulation 4 Amendment of regulation 5

For regulation 5(1) (eligible land) substitute—

“(1)

Eligible land comprises the number of hectares of forage area in a less favoured area, as declared by the applicant in a single application in respect of the Scheme Year to which payment relates, with—

(a)

a less favoured area grazing category—

(i)

attributed to it by the Scottish Ministers prior to 1st January 2007; or

(ii)

if no grazing category was attributed by the Scottish Ministers prior to 1st January 2007, a grazing category attributed by the Scottish Ministers by reference to the stocking density calculated in accordance with regulation 9(4) and Parts I and II of Schedule 4; and

(b)

one of the land use codes specified in column 2 of Schedule 2 corresponding to the entry in column 1 of Schedule 2 relating to the use of land.”.