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 19933;

  • “2003 Act” means the Agricultural Holdings (Scotland) Act 20034;

b

for the definition of “Commission Regulation” substitute–

  • “Commission Regulation” means Commission Regulation (EC) No. 817/20045 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 19866 as regards land in an area designated by:

    1. i

      the Environmentally Sensitive Areas (Loch Lomond) Designation Order 19927;

    2. ii

      the Environmentally Sensitive Areas (Breadalbane) Designation Order 19928;

    3. iii

      the Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 19939;

    4. iv

      the Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 199310;

    5. v

      the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 199311;

    6. vi

      the Environmentally Sensitive Areas (Stewartry) Designation Order 199312;

    7. vii

      the Environmentally Sensitive Areas (Central Borders) Designation Order 199313;

    8. viii

      the Environmentally Sensitive Areas (Argyll Islands) Designation Order 199314;

    9. ix

      the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 199315; or

    10. x

      the Environmentally Sensitive Areas (Shetland Islands) Designation Order 199316;

  • “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 199417;

  • “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 farmers18 successfully upheld;

d

for the definition of “landlord” substitute–

  • “landlord” means–

    1. 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;

    2. 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;

    3. 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;

    4. 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;

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 200519, but excluding entrants from an Environmentally Sensitive Areas scheme, entrants from the Habitats scheme or entrants with a successful challenge;

f

for the definition of “tenant” substitute–

  • “tenant” means–

    1. 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;

    2. 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;

    3. 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;

    4. 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;