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The Rural Payments (Appeals) (Scotland) Regulations 2009
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- Scottish Statutory Instruments
- 2009 No. 376
- Regulation 2
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2.—(1) In these Regulations except where the context otherwise requires—
“applicant” means the person to whom a relevant decision is directed;
“Commission Regulation 2419/2001”(1) means Commission Regulation (EC) No. 2419/2001 laying down detailed rules for applying the integrated administration and control system for certain community aid schemes, amended by Commission Regulation (EC) No. 2550/2001 and Commission Regulation (EC) No. 118/2004;
“Commission Regulation 2237/2003”(2) means Commission Regulation (EC) No. 2237/2003 laying down detailed rules for the application of certain support schemes provided for in Title IV of Council Regulation (EC) 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;
“Commission Regulation 795/2004”(3) means Commission Regulation (EC) No. 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in 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, as amended by Commission Regulations (EC) Nos. 1974/2004, 394/2005, 606/2005, 1085/2005, 1701/2005, 2183/2005, 658/2006, 1134/2006, 1291/2006, 2002/2006, 373/2007, 411/2007, 608/2007, 1522/2007, 319/2008 and 1124/2008;
“Commission Regulation 796/2004”(4) means Commission Regulation (EC) No. 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulations (EC) No. 1782/2003, 479/2008 and 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Commission Regulations (EC) No. 239/2005, 436/2005, 1954/2005, 2184/2005, 263/2006, 489/2006, 659/2006, 2025/2006, 381/2007, 972/2007, 1550/2007, 319/2008, 145/2008, 1124/2008, 1266/2008 and 380/2009;
“Council Regulation 3508/92”(5) means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes, amended by Council Regulation (EC) No. 165/1994, Council Regulation (EC) No. 3233/1994, Council Regulation (EC) No. 3235/1994, Council Regulation (EC) No. 3072/1995, Council Regulation (EC) No. 1577/96, Council Regulation (EC) No. 2466/96, Commission Regulation (EC) No. 613/97, Council Regulation (EC) No. 820/1997, Council Regulation (EC) No. 1036/1999, Council Regulation (EC) No. 1593/2000 and Commission Regulation (EC) No. 495/2001;
“Council Regulation 1782/2003”(6) means 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 and amending Regulations (EEC) No. 2019/1993, (EC) No. 1452/2001, (EC) No. 1453/2001, (EC) No. 1454/2001, (EC) No. 1868/1994, (EC) No. 1251/1999, (EC) No. 1254/1999, (EC) No. 1673/2000, (EEC) No. 2358/71 and (EC) No. 2529/2001, amended by Commission Regulations (EC) Nos. 118/2005, 2183/2005, 1156/2006, 552/2007, 1276/2007, 293/2008 and 674/2008 and Council Regulations (EC) Nos. 21/2004, 583/2004, 864/2004, 2217/2004, 247/2006, 319/2006, 953/2006, 1405/2006, 2011/2006, 2012/2006, 2013/2006, 1182/2007, 146/2008, 470/2008, 479/2008, 615/2008, 637/2008 and 674/2008;
“Council Regulation 73/2009”(7) means Council Regulation (EC) No. 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No. 1290/2005, (EC) No. 247/2006, (EC) No. 378/2007 and repealing Regulation (EC) No. 1782/2003;
“decision letter” means the letter from the Scottish Ministers to the applicant notifying the applicant of the relevant decision;
“ESA Orders” means—
(a)
the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1992(8);
(b)
the Environmentally Sensitive Areas (Breadalbane) Designation Order 1992(9);
(c)
the Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 1993(10);
(d)
the Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 1993(11);
(e)
the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 1993(12);
(f)
the Environmentally Sensitive Areas (Central Borders) Designation Order 1993(13);
(g)
the Environmentally Sensitive Areas (Stewartry) Designation Order 1993(14);
(h)
the Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993(15);
(i)
the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993(16);or
(j)
the Environmentally Sensitive Areas (Shetland Islands) Designation Order 1993(17);
“holding” has the same meaning as in Council Regulation No. 1782/2003 or Council Regulation No. 73/2009;
“IACS scheme” means—
(a)
one of the Community schemes set out in Article 1.1 of Council Regulation 3508/92(18);
(b)
one of the Community schemes specified in Article 17 of Council Regulation 1782/2003; or
(c)
one of the Community schemes specified in Article 14 of Council Regulation 73/2009;
“IACS year” means a period of 12 months commencing on 16th May;
“Land Court” means the Scottish Land Court;
“the 2004 Regulations” means the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004(19); and
“relevant decision” means a decision specified in any of the paragraphs of the Schedule.
(2) Any reference in these Regulations to an applicant or applicant appealing to the Land Court includes a reference to any successor, executor, trustee in sequestration, receiver or liquidator of such an applicant.
(1)
O.J. No. L 327, 12.12.2001, p.11, corrected by a corrigendum at O.J. No. L 7, 11.1.2002, p.48.
(2)
O.J. No. L 339, 24.12.2003, p.52.
(3)
O.J. No. L 141, 30.4.2004, p.1, corrected by a corrigendum at O.J. No. L 291, 14.9.2004, p.18 and O.J. No. L 385, 29.12.2004, p.87.
(4)
O.J. No. L 141, 30.4.2004, p.18 corrected by a corrigendum, O.J. No. L 37, 10.2.2005, p.22.
(5)
O.J. No. L 355, 5.12.1992, p.1 corrected by corrigendum O.J. No. L 71, 13.3.1997, p.46 and O.J. L 216, 14.8.1999, p.24.
(6)
O.J. No. L 270, 21.10.2003, p.1 corrected by corrigendum O.J. No. L 94, 31.3.2004, p.70.
(7)
O.J. No. L 30, 31.1.2009, p.16
(8)
S.I. 1992/1919 amended by S.I. 1992/2062, 1994/3067, 1995/3097, 1996/3082 and S.S.I. 2001/34 and 226.
(9)
S.I. 1992/1920 amended by S.I. 1992/2063, 1994/3067, 1995/3096, 1996/738 and 3082 and S.S.I. 2001/30 and 226.
(10)
S.I. 1993/996 amended by S.I. 1994/3067, 1996/1969 and 3082 and S.S.I. 2001/32 and 226.
(11)
S.I. 1993/997 amended by S.I. 1994/3067, 1996/1968 and 3082 and S.S.I. 2001/31 and 226.
(12)
S.I. 1993/2345 amended by S.I. 1994/3067, 1996/1963 and 3082 and S.S.I. 2001/33 and 226.
(13)
S.I. 1993/2767 amended by S.I. 1994/3067, 1996/1964 and 3082 and S.S.I. 2001/25 and 226.
(14)
S.I. 1993/2768 amended by S.I. 1994/3067, 1996/1967 and 3082 and S.S.I. 2001/26 and 226.
(15)
S.I. 1993/3136 amended by S.I. 1994/3067, 1996/1966 and 3082 and S.S.I. 2001/27 and 226.
(16)
S.I. 1993/3149 amended by S.I. 1994/3067, 1996/1962 and 3082 and S.S.I. 2001/28 and 226.
(17)
S.I. 1993/3150 amended by S.I. 1994/3067, 1996/1965 and 3082 and S.S.I. 2001/29 and 226.
(18)
Council Regulation (EC) No. 3508/92 was repealed by Article 153(1) of Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes for farmers and amending certain Regulations, but by virtue of Article 153(1) it continues to apply to applications for direct payments in respect of calendar years preceding 2005.
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