The Less Favoured Area Support Scheme (Scotland) Regulations 2003

1Citation, commencement and application#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

2Interpretation#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “agricultural” includes the use of land–(a) for the purposes of horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping;(b) as grazing land, meadow land, osier land, market gardens and nursery grounds; and(c) for woodlands, where that use is ancillary to the use of land for other agricultural purposes;• “agri-environment scheme” means an arrangement which is–(a) regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter into an agreement in relation to the use or management of land; and(b) approved by the Commission of the European Communities under either–(i) Article 44 of Council Regulation 1257/1999 as part of a rural development plan drawn up pursuant to Article 41 of that Regulation and containing measures pursuant to articles 22 to 24 of that Regulation; or(ii) Article 7 of Council Regulation (EEC) No. 2078/1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ^note;• “alpaca” means any alpaca of any breed which are kept by way of business for the primary purpose of fibre production;• “applicant” means a person who has made an application for less favoured area support under these Regulations in accordance with regulation 3;• “area aid application” has the same meaning as in Article 6 of Council Regulation 3508/1992;• “authorised person” means a person who is authorised by the Scottish Ministers, either generally or specifically, to act in relation to matters arising under these Regulations;• “cattle” for the purposes of Regulation 11 (enterprise mix), means–(a) suckler cows and heifers; and(b) for those applicants maintaining a dairy herd in the islands of Shetland, the islands of Orkney, the islands of Islay, Jura, Arran, Bute, Great Cumbrae, Little Cumbrae and the Kintyre Peninsula south of Tarbert, or any other islands in the Outer Hebrides and the Inner Hebrides, a livestock unit for each 5730 litres of milk quota held,which the Scottish Ministers determine are to be taken into account from time to time;• “Commission Regulation 2419/2001” means Commission Regulation (EC) No. 2419/2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ^note;• “Commission Regulation 445/2002” means Commission Regulation (EC) No. 445/2002 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) ^note;• “common grazing” has the same meaning as it has for the purpose of Article 11 of Commission Regulation 445/2002;• “competent authority” has the same meaning as in regulation 2A of the Integrated Administration and Control System Regulations 1993 ^note;• “Council Regulation 3508/1992” means Council Regulation (EEC) No. 3508/1992 establishing an Integrated Administration and Control System for certain Community aid schemes ^note;• “Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ^note;• “Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations ^note;• “Council Regulation 2529/2001” means Council Regulation (EC) 2529/2001 on the common organisation of the market in sheep meat and goat meat ^note;• “cross-border holding” means a holding in the United Kingdom which is situated partly in Scotland;• “designated maps” means the four maps numbered 1 to 4, each such map being marked “Map of less-favoured farming areas in Scotland”, dated 5th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY;• “eligible agricultural activity” means one or more of the following activities which, in the opinion of the Scottish Ministers are undertaken on a continuous basis:–(a) maintaining a herd of suckler cows;(b) maintaining a flock of sheep comprising eligible ewes as defined by Council Regulation 2529/2001;(c) maintaining a dairy herd in–(i) the islands of Shetland;(ii) the islands of Orkney;(iii) the islands of Islay, Jura, Arran, Bute, Great Cumbrae, Little Cumbrae and the Kintyre Peninsula south of Tarbert; or(iv) any other islands in the Outer Hebrides and the Inner Hebrides;(d) maintaining a breeding herd of farmed deer for meat production;(e) maintaining a breeding herd of goats for fibre production; or(f) maintaining a breeding herd of alpaca for fibre production;• “eligible land” has the same meaning as in regulation 6;• “eligible livestock unit” means a livestock unit determined in accordance with regulation 9(9) and Part I of Schedule 1;• “farmed deer” means any deer (of any species) which are managed on a holding enclosed by a deer-proof barrier and are kept on the holding by way of business for the primary purpose of the production of meat;• “forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;• “goat” means any goat (of any species) which is kept by way of business for the primary purpose of fibre production;• “holding” has the same meaning as in regulation 2 of the Integrated Administration and Control System Regulations 1993;• “less favoured area” means the land shown coloured in blue or in pink on the designated maps–(a) which is situated in an area included in the list of less favoured farming areas adopted by Council Directive 84/169/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (United Kingdom) ^note; and(b) which is, in the opinion of the Scottish Ministers, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the Scottish Ministers, restricted in its range by, or any combination of, soil, relief, aspect or climate;• “livestock” means suckler cow, dairy cow, beef heifer, dairy heifer, sheep, goat, farmed deer and alpaca;• “livestock unit” means a unit of measurement of livestock numbers, and each of the following constitute one livestock unit:–(a) one suckler cow;(b) 1.66 heifers 8 months and over;(c) 6.66 breeding ewes;(d) 6.66 breeding female goats;(e) 3.33 breeding female farmed deer 27 months and over;(f) 5 breeding farmed deer over 6 months but less than 27 months;(g) 3.33 breeding female alpaca;(h) 5730 litres of milk quota;• “maximum stocking density” means 2.00 livestock units per hectare;• “minimum stocking density” means 0.12 livestock units per hectare;• “Payable Area” means the adjusted area of land on which less favoured area support is to be paid, calculated in accordance with regulations 9 to 11;• “retirement pension” mean a category A or category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992 ^note, a category C or category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in section 62 of that Act;• “Scheme Year” means a calendar year commencing on 1st January;• “Scheme 2003 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2002 to 31st December 2002;• “shared grazing” means land used for grazing within a field used by two or more producers;• “suckler cow” means an adult female bovine animal kept in a regular breeding herd which is not maintained primarily for the production of milk;• “the 1996 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1996 ^note;• “the 1999 Regulation payment” means the payment which an applicant under these Regulations was eligible for and paid under and in accordance with the 1999 Regulations or, as the case may be, the sum fixed in accordance with regulation 13(3) to (6);• “the 1999 Regulations” means the Hill Livestock (Compensatory Allowances) (Scotland) Regulations 1999 ^note;• “the 2001 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2001 ^note;• “the 2002 Regulations” means the Less Favoured Area Support Scheme (Scotland) Regulations 2002 ^note;• “usual good farming practices” means those practices undertaken on a holding in compliance with–(a) the provisions of environmental legislation set out in Part I of Schedule 2; and(b) the verifiable standards set out in Part II of Schedule 2.

3Applications for payment of less favoured area support#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

4Eligibility for payment of less favoured area support#

(1)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(v)incapacity benefit under section 30A;

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

5Payment of less favoured area support#

The Scottish Ministers may pay, on such occasions as they consider fit, in respect of the Scheme Year in question to an applicant less favoured area support for carrying out eligible agricultural activity on eligible land which is not less than 3 hectares.

6Eligible land#

(1)

(a)

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Transfer of a holding#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

8Amount of less favoured area support#

Subject to regulations 13 (transitional payments) and 14 (minimum payments), the amount of less favoured area support shall be calculated in accordance with the following formula:–

9Determination of Payable Area#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(9)Where a person making a surrender under regulation D14—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(v)incapacity benefit under section 30A;

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(11)

(12)The Committee must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.

10Stocking density outwith maximum and minimum parameters#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

11Enterprise mix#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

12Rate of Payment of Less Favoured Area Support#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Transitional payments#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

14Minimum Payments#

In respect of the Scheme 2003 payment, the amount of less favoured area support paid by the Scottish Ministers under these Regulations shall be not less than £350.

15Powers of authorised persons#

(1)

(a)

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(4)

16Assistance to authorised persons#

An applicant, any employee or agent of an applicant or any person having charge of animals on the land shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable that person to exercise any power conferred by regulation 15.

17Withholding or recovery of less favoured area support#

The Scottish Ministers may withhold or recover the whole or any part of any payment of less favoured area support payable or paid to an applicant in any of the following circumstances:–

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

18Rate of interest#

Where the Scottish Ministers intend to recover on demand the whole or any part of a payment of less favoured area support pursuant to regulation 17, unless the sum recovered is paid as a result of their own error, interest shall be charged thereon at the rate of one percentage point above the sterling three month London Interbank Offered Rate on a day-to-day basis for the period from payment to recovery.

19Cross-border holdings#

Schedule 7 applies to cross-border holdings.

20Offences#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Penalties#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

22Time limit for prosecutions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

23Offences by bodies corporate#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

24Appeal against decision to withhold or recover payment of less favoured area support#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

25Appeal against decision as to eligibility of holding#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26Review#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

27Amendment of the Agricultural Subsidies (Appeals) (Scotland) Regulations 2000#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28Revocation and savings provisions#

Other than for the purposes of regulations 13 to 24 of the Less Favoured Area Support Scheme (Scotland) Regulations 2002 in relation to payments made thereunder, those Regulations (except regulations 25 and 26) are hereby revoked.