Regulation 3 Location of holdings

United Kingdom

(1)

The location of a producer’s holding in any given scheme year, or as the case may be, calendar year shall be that determined as at 15th May in that year.

(2)

Where a producer’s holding is not situated entirely in a single sensitive zone, then—

(a)

where the holding concerned is situated in two sensitive zones, it shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the greater part of the agricultural area utilised for farming on that holding; and

(b)

where the holding concerned is situated in at least 3 sensitive zones, the sensitive zone in which it shall be treated as being located for the purposes of these Regulations is as follows—

(i)

if the holding is situated entirely in Great Britain, then—

(aa)

if the greater part of the agricultural area utilised for farming on that holding is situated within the land comprising sensitive zones 1 to 4, it shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding, and

(bb)

if the greater part of the agricultural area utilised for farming on that holding is situated in sensitive zone 5, it shall be treated for the purposes of these Regulations as being located in that zone, and

(ii)

if any part of that holding is situated in sensitive zone 6, then—

(aa)

if the greater part of the agricultural area utilised for farming on the holding concerned is situated in that zone, it shall be treated for the purposes of these Regulations as being located in the said zone, and

(bb)

if the greater part of the agricultural area utilised for farming on the holding concerned is situated in Great Britain—

(aaa)

where the majority of the holding is situated within the land comprising sensitive zones 1 to 4 and that part of sensitive zone 6 which is disadvantaged land or severely disadvantaged land, that holding shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding, and

(bbb)

where the majority of the holding is situated within the land comprising sensitive zone 5 and that part of sensitive zone 6 which is not disadvantaged land or severely disadvantaged land, that holding shall be treated for the purposes of these Regulations as being located in whichever of those sensitive zones contains the largest single part of the holding.

(3)

Where a producer’s holding is located in sensitive zone 5, or is to be treated by virtue of paragraph (2) as so located, and the parts of the holding in sensitive zone 5 are not situated entirely within England, Wales or Scotland, the holding shall be treated for the purposes of these Regulations as being located in whichever of those countries contains the greatest part of the agricultural area utilised for farming on the holding that is within sensitive zone 5.

(4)

In this regulation—

(a)

“agricultural area utilised for farming” has the same meaning as in Article 5(b) of Council Regulation (EEC) No. 571/88 on the organization of Community surveys on the structure of agricultural holdings between 1988 and 1997^f1;

(b)

“disadvantaged land” and “severely disadvantaged land” have the same meanings as in regulation 2(1) of the Hill Livestock (Compensatory Allowances) Regulations (Northern Ireland) 1996^f2.

Annotations

Footnotes

f1: OJ No. L56, 2.3.88 p. 1, as last amended by Council Regulation (EC) No. 143/2002 (OJ No. L24, 26.1.02, p. 16).
f2: S.R. (N.I.)1996 No.230, as amended by S.R. (N.I.)1997 No. 13.

Notes on the whole SI

Textual amendments

F1: Regulations revoked (E.) (1.3.2005) by The Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 (S.I. 2005/219), reg. 15(3), Sch. 2 (with reg. 15(8))
F2: Regulations revoked (W.) (1.3.2005) by The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005 (S.I. 2005/360), regs. 1(1), 14(3) (with reg. 14(4)(5)(8))