Regulation 2 Interpretation

In these Regulations—

• “calendar year” means a period of twelve months ending on 31st December;

• “Commission Regulation 2342/99” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes^f1;

• “Commission Regulation 2550/01” means Commission Regulation (EC) No. 2550/2001 laying down detailed rules for the application of Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheep meat and goat meat as regards premium schemes and amending Regulation (EC) No. 2419/2001^f2;

• “the Community legislation” means Article 9 of Council Regulation 2529/01, Articles 6 and 8 of Council Regulation 1254/99, Articles 22 to 26 and so far as they relate to suckler cow premium, 31 and 32 of Commission Regulation 2342/99 and Articles 2 to 5, 10 to 12 and 14 of Commission Regulation 2550/01;

• “Council Regulation 1254/99” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal^f3;

• “Council Regulation 2529/01” means Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeat^f4;

• “holding” has the same meaning as in—

  1. (a)

     Article 3(b) of Council Regulation 2529/01 in so far as these Regulations relate to sheep annual premium quota; and

  2. (b)

     Article 3(b) of Council Regulation 1254/99 in so far as these Regulations relate to suckler cow premium quota;

• “lease” means—

  1. (a)

     a temporary transfer under Article 9(4) of Council Regulation 2529/01 in so far as these Regulations relate to sheep annual premium quota; and

  2. (b)

     a temporary transfer under Article 8(3) of Council Regulation 1254/99 in so far as these Regulations relate to suckler cow premium quota,

  and “lessor” shall be construed accordingly;

• “the Minister” means—

  1. (a)

     in relation to England, the Secretary of State;

  2. (b)

     in relation to Wales, the National Assembly for Wales;

  3. (c)

     in relation to Scotland, the Scottish Ministers; and

  4. (d)

     in relation to Northern Ireland, the Department of Agriculture and Rural Development;

• “producer” has the same meaning as in—

  1. (a)

     Article 3(a) of Council Regulation 2529/01 in so far as these Regulations relate to sheep annual premium quota; and

  2. (b)

     Article 3(a) of Council Regulation 1254/99 in so far as these Regulations relate to suckler cow premium quota;

• “quota” means sheep annual premium quota or as the case may be suckler cow premium quota;

• “quota register” means the register prepared and maintained under regulation 13;

• “scheme year” means any calendar year in respect of which sheep annual premium may be paid but also includes the period in relation to an application for premium in respect of a given calendar year which falls within the preceding calendar year;

• “sensitive zones” means the sensitive zones specified in Schedule 1 and a reference to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;

• “sharefarming agreement” means a farming contract made between the owner of land (including a person entitled for a term of years certain or other limited estate) and a farmer with no legal interest or charge in or over the land concerned which does not constitute the parties partners or employer or employee but merely contracting parties whose liabilities remain separate, whose contributions are defined by the agreement between them, whose responsibility for planning and managing the farming enterprise is joint and whose rewards are an agreed share of the revenue of that enterprise; and any reference in these Regulations to a “sharefarmer” is a reference to any farmer such as specified above;

• “sheep annual premium” means the premium granted under Article 4(1) of Council Regulation 2529/01 and any reference in these Regulations to the Sheep Annual Premium Scheme for a given scheme year is a reference to the arrangements adopted by the Minister for enabling sheep annual premium to be granted in respect of that scheme year;

• “sheep annual premium quota” means the right to sheep annual premium subject to the individual ceiling referred to in Article 4(3) of Council Regulation 2529/01;

• “the sheep annual premium quota national reserve” means the national reserve of sheep annual premium quota established under Article 10(1) of Council Regulation 2529/01;

• “suckler cow premium” means the premium granted under Article 6(1) of Council Regulation 1254/99 and any reference in these Regulations to the Suckler Cow Premium Scheme for a given year is a reference to the arrangements adopted by the Minister for enabling suckler cow premium to be granted in respect of that year;

• “suckler cow premium quota” means the right to suckler cow premium subject to the individual ceiling referred to in Article 6(3) of Council Regulation 1254/99;

• “the suckler cow premium quota national reserve” means the national reserve of suckler cow premium quota established under Article 9(1) of Council Regulation 1254/99;

• “the Suckler Cow Premium Regulations” means the Suckler Cow Premium Regulations 2001^f5, the Suckler Cow Premium (Scotland) Regulations 2001^f6 and the Suckler Cow Premium Regulations (Northern Ireland) 2001^f7;

• “transfer”, in relation to quota means—

  1. (a)

     a transfer of sheep annual premium quota under Article 9(1) of Council Regulation 2529/01 in so far as these Regulations relate to such quota; and

  2. (b)

     a transfer of suckler cow premium quota under Article 8(1) of Council Regulation 1254/99 in so far as these Regulations relate to such quota,

  but does not include a lease, and “transferor” shall be construed accordingly.

Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.

In so far as these Regulations relate to sheep annual premium quota, any reference in them to—

In so far as these Regulations relate to suckler cow premium quota, any reference in them to—