The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008
| Year | 2008 |
2008 No. 159
AGRICULTURE
The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008
Made 17th April 2008
Laid before the Scottish Parliament 21th April 2008
Coming into force 15th May 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721and all other powers enabling them to do so.
The Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for the reference to Article 4 and Annex III to Council Regulation (EC) No. 1782/2003establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers2to be construed as a reference to that Article and Annex, as amended from time to time.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 and come into force on 15th May 2008.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
“1911 Act” means the Small Landholders (Scotland) Act 19113;
“1991 Act” means the Agricultural Holdings (Scotland) Act 19914;
“1993 Act” means the Crofters (Scotland) Act 19935;
“2003 Act” means the Agricultural Holdings (Scotland) Act 20036;
“activities” means the activities referred to in regulation 10(1) and columns 2 of Schedule 2 and “activity” is to be construed accordingly;
“applicant” means a person who has made an application for aid in accordance with regulation 3 and in regulations 13 to 17 includes a person who has given an undertaking and a person who takes on an undertaking on a change of occupation as provided in regulation 12;
“application for aid” means an application for aid under these Regulations and “application” is to be construed accordingly;
“area related options” means those land managers options numbered 9 to 19 in Schedule 2;
“authorised person” means a person who is authorised by the Scottish Ministers under regulation 13 either generally or specifically, to act in relation to matters arising under these Regulations;
“Commission Regulation 796/2004” means Commission Regulation (EC) No. 796/2004laying down detailed rules for the implementation of cross compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No. 1782/2003establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers7;
“Commission Regulation 1974/2006” means Commission Regulation (EC) No. 1974/2006as amended by Commission Regulations (EC) No. 434/20078and (EC) No. 1236/20079laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)10;
“Commission Regulation 1975/2006” means Commission Regulation (EC) No. 1975/2006as corrected by Commission Regulation (EC) No. 1396/200711laying down detailed rules for the implementation of Council Regulation (EC) No. 1698/2005, as regards the implementation of control procedures as well as cross compliance in respect of rural development support measures12;
“compliance requirements” means the compliance requirements specified in regulation 10(5);
“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers13;
“Council Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005as amended by Council Regulations (EC) No. 1944/200614, (EC) No. 2012/200615and (EC) No. 146/200816on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)17;
“Crofters Commission” means the Crofters Commission established under section 1 of the Crofters (Scotland) Act 195518;
“eligible land” means land which is eligible in accordance with regulation 8 as read with any relevant specific eligibility requirements under particular land managers options;
“grazings committee” means a committee appointed under section 47(1) or (3) of the 1993 Act and includes a grazings constable;
“holding” means all the production units managed by a farmer that are situated within Scotland;
“IACS Regulations” means the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 200519;
“IACS year” has the meaning given to it in regulation 2(1) of the IACS Regulations;
“land managers options” means the options set out in Schedule 2;
“landlord” means–
(a) in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the landlord within the meaning of section 85 of the 1991 Act;
(b) in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the landlord within the meaning of section 93 of that Act;
(c) in the case of a croft within the meaning of the 1993 Act, the landlord within the meaning of section 61(1) of that Act; and
(d) in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the same as it means in the 1911 Act,
and, where appropriate, includes a head tenant;
“relevant competent authority” has the meaning given to it in regulation 5 of the IACS Regulations;
“relevant period” means the period of the undertaking as determined under regulation 10 and the relevant period may be different in relation to different activities or for each different undertaking;
“scheme guidance” means the guidance published by the Scottish Ministers from time to time under regulation 2020;
“scheme year” means the year commencing on the last date for submission of the single application under regulation 6 of the IACS Regulations as read with Article 20 of Commission Regulation 796/2004 and having the same period as the IACS year;
“single application” has the meaning given to it in Article 2(11) of Commission Regulation 796/2004;
“tenant” means–
(a) in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;
(b) in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;
(c) in the case of a croft within the meaning of the 1993 Act, the crofter within the meaning of section 3(3) of that Act;
(d) in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act,
and, where appropriate, includes a sub tenant; and
“undertaking” means an undertaking or undertakings in writing given by an applicant in accordance with regulation 10.
(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 200021which has been recorded and is consequently capable of being reproduced.
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or numbered Schedule, shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
(4) Any reference in these Regulations to a numbered paragraph, shall be construed as a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs.
(5) Words and phrases used in Schedules 2 and 3 and not defined in paragraph (1) shall be construed in accordance with Schedule 1.
Applications for aid
3.—(1) Subject to paragraph (4), an application for aid must be submitted in writing to such authority, at such time and in such form and manner as the Scottish Ministers may reasonably require.
(2) An application for aid made by a grazings committee must include–
(a)
(a) the written consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing the subject of the application;
(b)
(b) evidence that notice has been given in accordance with regulation 6(4); and
(c)
(c) confirmation from the Crofters Commission that it has approved the application or, as the case may be, has received no representation under regulation 6(5).
(3) The Scottish Ministers may at any time suspend the operation of the scheme provided for by these Regulations and, while so suspended, no application under paragraph (1) may be submitted to them.
(4) The application for aid must include an undertaking.
(5) Where such undertaking specifies activities under area related options, the applicant must be either–
(a)
(a) the owner of the eligible land and–
(i) in lawful actual occupation of that land; or
(ii) has undertaken jointly with any tenant to assume the obligations under their activities or an undertaking (regulation 12 applying in the case where the tenant’s tenancy has ended); or
(b)
(b) the tenant of the eligible land who is in lawful actual occupation of that land–
(i) under a lease which will run until the end of the relevant period of the undertaking;
(ii) under a lease with security of tenure by virtue of any statutory provision until the end of that period; or
(iii) in the case where neither head (i) nor (ii) applies where the tenant has jointly with the landlord given the undertaking until the end of that period (in which case regulation 12 applies).
(6) An applicant must also submit a single application to a relevant competent authority in accordance with the IACS Regulations for the IACS year which begins in the calendar year in which the...
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