The Rural Stewardship Scheme (Scotland) Amendment Regulations 2005

Amendment of regulation 2 (interpretation)

3.  In regulation 2 (interpretation) in paragraph (1)–

(a)after the definition of “1991 Act” insert–

““1993 Act” means the Crofters (Scotland) Act 1993(1);

“2003 Act” means the Agricultural Holdings (Scotland) Act 2003(2);”;

(b)for the definition of “Commission Regulation” substitute–

““Commission Regulation” means Commission Regulation (EC) No. 817/2004(3) laying down detailed rules for the application of the Council Regulation;”;

(c)after the definition of “eligible land” insert–

““entrant from an Environmentally Sensitive Areas scheme” means an applicant who takes on an undertaking and who, prior to taking on that undertaking, had previously entered into an agreement under section 18(3) of the Agriculture Act 1986(4) as regards land in an area designated by:

“entrant from the Habitats scheme” means an applicant who takes on an undertaking and who, prior to taking on that undertaking, had previously taken on an undertaking under the Habitats (Scotland) Regulations 1994(15);

“entrant with a successful challenge” means an applicant who took on an undertaking which came into effect before 1st January 2003 and who has had a request under Article 40(5) (hardship cases) of Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(16) successfully upheld;”.

(d)for the definition of “landlord” substitute–

““landlord” means–

and, where appropriate, includes a head tenant;”;

(e)after the definition of “moorland” insert–

““pre 2003 entrant” means an applicant who took on an undertaking which came into effect before 1st January 2003 but excluding entrants from an Environmentally Sensitive Areas scheme, entrants from the Habitats scheme or entrants with a successful challenge;

“post 2003 entrant” means an applicant who took on an undertaking which came into effect on or following 1st January 2003, or who takes on an undertaking from the date of the Rural Stewardship Scheme (Scotland) Amendment Regulations 2005(17), but excluding entrants from an Environmentally Sensitive Areas scheme, entrants from the Habitats scheme or entrants with a successful challenge;”; and

(f)for the definition of “tenant” substitute–

““tenant” means–

and, where appropriate, includes a sub-tenant;”.