{
  "url": "https://openlegislation.uk/less-favoured-area-support-scheme-scotland-regulations-2010/regulation-6",
  "json_url": "https://openlegislation.uk/less-favoured-area-support-scheme-scotland-regulations-2010/regulation-6.json",
  "legislation": "ssi/2010/273",
  "legislation_title": "The Less Favoured Area Support Scheme (Scotland) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/less-favoured-area-support-scheme-scotland-regulations-2010",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Transfer of a holding",
  "text": "(1) A decision by the Scottish Ministers to make a payment under regulation 4—\n(a) in relation to a Scheme Year commencing before 1st January 2015, must be in accordance with Article 82 of Commission Regulation 1122/2009; and\n(b) in relation to a Scheme Year commencing on or after 1st January 2015, must be in accordance with Article 8 of the Horizontal Implementing Regulation.\n(2) In relation to a Scheme Year commencing before 1st January 2015, for the purposes of paragraph 6 of Article 82 of Commission Regulation 1122/2009, the Scottish Ministers must grant less favoured area support to the transferor of a holding if—\n(a) the transferor has been in continuous occupation of the holding for a period of not less than 183 calendar days in the Scheme Year concerned; and\n(b) the requirements of paragraphs 2 to 5 of Article 82 of Commission Regulation 1122/2009 have, in the opinion of the Scottish Ministers, been fulfilled.\n(3) In relation to a Scheme Year commencing on or after 1st January 2015, for the purposes of paragraph 5 of Article 8 of the Horizontal Implementing Regulation, the Scottish Ministers must grant less favoured area support to the transferor of a holding if—\n(a) the transferor has been in continuous occupation of the holding for a period of not less than 183 calendar days in the Scheme Year concerned; and\n(b) the requirements of paragraphs 2 to 4 of Article 8 of the Horizontal Implementing Regulation have, in the opinion of the Scottish Ministers, been fulfilled.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 6 substituted (9.6.2015) by The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2015 (S.S.I. 2015/185), regs. 1, 7"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2010/273/regulation/6",
    "retrieved_at": "2026-10-28T21:54:42.207557+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}