Regulation 5 Eligible landI1
Scotland
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 less favoured area grazing category—
attributed to it by the Scottish Ministers prior to 1st January 2007; or
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
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.
as declared by the applicant in a single application in respect of the Scheme Year to which payment relates.
Eligible land includes land in respect of which the applicant has a right of use pursuant to a short term let, seasonal grazing or common grazing or other such arrangement.
If an application for less favoured area support relates to land situated outwith the dairy ring fence area and all or part of the land was used for dairy activity in the applicable year, the Scottish Ministers shall determine the area of ineligible land attributable to dairy activity.
The ineligible area referred to in paragraph (3) shall be deducted from the eligible area identified in accordance with paragraph (1).
Annotations
Textual amendments
- F1
Reg. 5(1) substituted (14.3.2011) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2011 (S.S.I. 2011/73), regs. 1, 4
- F2
Reg. 5(3) substituted (9.6.2015) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2015 (S.S.I. 2015/185), regs. 1, 6
Commencement
- I1
Reg. 5 in force at 2.7.2010, see reg. 1(1)