The Hill Livestock (Compensatory Allowances) Regulations 1999

Provisions with respect to breeding cows

7.—(1) Subject to the following paragraphs of this regulation, the number of breeding cows for which a compensatory allowance may be paid to a claimant who has made a valid claim for compensatory allowances for breeding cows in respect of the Scheme Year shall be the least of–

(a) the number of breeding cows included in that claim;

(b)the number of breeding cows which were owned by the claimant, or leased by him under a formal leasing arrangement, throughout the retention period applicable to breeding cows;

(c)the number of breeding cows which would, in the opinion of the appropriate authority, be required in order to produce the number of calves actually produced by the claimant’s regular breeding herd–

(i)in the twelve months preceding the date on which the claim is lodged, or

(ii)in the case of a claim accepted as valid pursuant to regulation 11(4), in the twelve months preceding the day on which the claim was received by the appropriate authority, or

(iii)in the case of a regular breeding herd newly established or re-established in the twelve months referred to in sub-paragraph (i) or (ii), in such other period as the appropriate authority may determine; and

(d)the number of breeding cows which, when added to the number of ewes which are the subject of a claim for compensatory allowances made by the claimant in respect of the Scheme Year, is equivalent to 1.4 livestock units for each hectare of the claimant’s eligible land which is either forage area or relevant afforested land.

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

(3) Where a claimant uses unsuitable supplementary feeding methods the appropriate authority may, in accordance with paragraph (4), reduce or withhold the compensatory allowances for breeding cows otherwise payable to him.

(4) Where the claimant was not penalised under regulation 4 of the 1996 Regulations in 1999 for using unsuitable supplementary feeding methods, the compensatory allowances for breeding cows otherwise payable to him may be reduced by 10% where the claimant was so penalised in 1999, but not in 1998, the compensatory allowances for breeding cows otherwise payable to him may be reduced by 20percnt; and where the claimant was so penalised in 1999 and 1998, the compensatory allowances for breeding cows otherwise payable to him may be withheld.

(5) Where milk has been produced by a regular breeding herd in the twelve months preceding the day on which a claimant lodges a claim for compensatory allowances for any breeding cows in that herd, or, in the case of such a claim accepted as valid pursuant to regulation 11(4), in the twelve months preceding the day on which the claim was received by the appropriate authority, and that milk has been sold or used for the manufacture of milk products for sale, the number of breeding cows for which compensatory allowances may be paid to the claimant may be reduced by the number which would, in the opinion of the appropriate authority, have been required to produce that quantity of milk in those twelve months.