The Hill Livestock (Compensatory Allowances) Regulations 1994

Provisions with respect to sheep

5.—(1) The number of ewes in respect of which a compensatory allowance may be paid in relation to any Scheme year shall be the least of–

(a)the number of ewes comprised in the flock on the qualifying day for that Scheme year;

(b)the number of ewes held by the claimant on eligible land, or on eligible land and other land used with it, for a period of four months from the day following the qualifying day for that Scheme year;

(c)the number of ewes which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of lambs produced in the twelve months preceding the qualifying day for that Scheme year or, in the case of a flock newly established or re–established in that year, in such shorter period as the appropriate Minister may determine;

(d)a number calculated at the rate of–

(i)six ewes for each hectare of severely disadvantaged land, and

(ii)nine ewes for each hectare of disadvantaged land,

which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land; or

(e)the number of ewes which, when added to the number of breeding cows comprised in a regular breeding herd grazed and maintained on eligible land available to the claimant’s flock and, as the case may be, herd in the year preceding that Scheme year (being land which was included in an area aid application made under Commission Regulation 3887/92 in that preceding year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or is relevant afforested land) is equivalent to 1.4 livestock units per hectare of that eligible land.

(2) A compensatory allowance for sheep shall not be paid in respect of any ewe the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.

(3) Where in any Scheme year a claimant uses unsuitable supplementary feeding methods the appropriate Minister may reduce or withhold the compensatory allowance for sheep otherwise payable to him in respect of that Scheme year in accordance with paragraph (4).

(4) Where the claimant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the compensatory allowance for sheep otherwise payable to him may be reduced by 10%; where the claimant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the compensatory allowance for sheep otherwise payable to him may be reduced by 20%; and where the claimant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the compensatory allowance for sheep otherwise payable to him may be withheld.