Statutory Instrument 1999 No. 3315

The Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999

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STATUTORY INSTRUMENTS

1999 No. 3315
AGRICULTURE
The Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999

	Made	15th December 1999
	Laid before Parliament	15th December 1999
	Coming into force	16th December 1999

The Minister of Agriculture, Fisheries and Food, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, acting in exercise of the powers conferred upon him by the said section 2(2) and by section 57(1) of the Scotland Act 1998[3], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Title and commencement
1. These Regulations may be cited as the Hill Livestock (Compensatory Allowances) (Enforcement) Regulations 1999, and shall come into force on 16th December 1999.

Interpretation
2. - (1) In these Regulations, unless the context otherwise requires-

"area aid application" has the same meaning as in Article 6 of Council Regulation 3508/92;

"authorised person" means a person who is authorised by the competent authority, either generally or specially, to act in matters arising under these Regulations, whether or not he is an officer of that competent authority;

"breeding cow" means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk, which-

"the 1998 Cattle Regulations" means the Cattle Identification Regulations 1998[

"claimant" means a person who has made a claim for a compensatory allowance;

"compensatory allowance" means a compensatory allowance payable in respect of the Scheme Year on the basis of livestock numbers for breeding cows or ewes in accordance with Article 7 of Commission Regulation 2603/1999;

"competent authority" means-

"ewe" means a female sheep which is at least one year old on 1st January 2000 and is comprised in a qualified flock;

"forage area" means land used to graze or feed livestock which was included as such in a valid area aid application submitted in 1999;

"holding" means all the production units managed by a claimant situated within the United Kingdom;

"husbandry practice" includes practice in relation to the grazing and feeding of livestock;

"overgrazed" means grazed with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) to a significant degree;

"production unit" has the same meaning as in Council Regulation 3508/92;

"regular breeding herd" means a herd of cattle which is usually kept on a production unit which includes land in a less-favoured area referred to in Article 14(1) of Council Regulation 1257/1999 and which is, in the opinion of the competent authority-

"Scheme Year" means the calendar year 2000;

"specified control measure" means any check which a member State is required to carry out under Article 47 of Commission Regulation 1750/1999;

"unsuitable supplementary feeding methods" means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;

"usual good farming practices" means the farming practices described in Article 14(2) of Council Regulation 1257/1999 and defined in Article 28 of Commission Regulation 1750/1999.

    (2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

    (3) Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations.

Application
     3. These Regulations shall apply where the holding which includes the claimant's forage area is situated-