AGRICULTURE Title, extent and commencement 1 These Regulations may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1993, shall apply to Great Britain, and shall come into force on 15th November 1993. Interpretation 2 1 In these Regulations, unless the context otherwise requires– “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly; “applicant” means a person who has applied for a compensatory allowance under these Regulations; “the appropriate Minister” means– in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to any other part of Great Britain, the Secretary of State; “authorised person” means a person (whether or not an officer of that Minister) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations; “breeding cow” means a female bovine animal, comprised in a regular breeding herd which is not maintained primarily for the production of milk and which, on or before the qualifying day– has borne a calf and is capable of lactation, or has been brought into the herd primarily for the purpose of replacing an animal which has borne a calf, and is, in the opinion of the appropriate Minister, suitable for the purpose of bearing a calf before 15th November in the year in respect of which an application for a compensatory allowance is made under these Regulations; “ Commission Regulation 3887/92 ” means Commission Regulation ( EEC ) No. 3887/ 92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ; “ Council Regulation 2328/91 ” means Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures , as amended by Council Regulation (EEC) No. 870/93 ; “designated maps” means– in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less–favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Minister of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX; in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less–favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT; in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less–favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW; “disadvantaged land” means the land shown coloured blue or coloured pink on the designated maps, being land– which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate; “ ECU ” means the unit of account used for the purposes of the common agricultural structures policy of the European Economic Community, and any reference in these Regulations to a specified number of ECU in relation to a compensatory allowance shall be taken to be a reference to the sterling equivalent of that number of ECU converted into sterling at the agricultural conversion rate applicable on the qualifying day in the year in respect of which the compensatory allowance is paid; “eligible land” means an area of land of not less than three hectares– which is situated in an area included in the list of less–favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive No. 75/268/EEC on mountain and hill farming and farming in certain less–favoured areas , as amended by Council Directive No. 80/666/EEC , which list is contained in Council Directive No. 84/169/EEC , as amended by Commission Decision No. 91/25/EEC , and which is severely disadvantaged land or disadvantaged land; “ewe” means a female sheep which, on the qualifying day, is more than one year old; “forage area” means the area of land producing plants grazed by, or fed to, livestock; “livestock unit” means a unit of measurement of numbers of livestock described in Article 19 of, and Annex 1 to, Council Regulation 2328/91; “occupier” includes a person who has a right to use eligible land for the purpose of grazing cattle or sheep; “overgrazing” means grazing land with livestock– in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, or in such numbers that the need for supplementary feeding leads to excessive trampling or poaching of the land by the animals or excessive rutting by vehicles used to transport the feed; “qualified flock” means a flock of ewes which is kept on eligible land, or on eligible land and other land used with it, and which is, in the opinion of the appropriate Minister– maintained primarily for the purpose of breeding and rearing lambs, and maintained and managed in accordance with sound husbandry practice; “the qualifying day” means, in respect of any year in which a compensatory allowance may be paid under these Regulations, 1st January in that year; “regular breeding herd” means a herd of cattle which is kept on eligible land, or on eligible land and other land used with it, and which is, in the opinion of the appropriate Minister– maintained primarily for the purpose of breeding and rearing calves, and maintained and managed in accordance with sound husbandry practice; “the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ; “the 1992 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1992 ; “relevant afforested land” means land which in the opinion of the appropriate Minister was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of that land before the date when the conversion to forest was completed under the 1984 Regulations, the Hill Livestock (Compensatory Allowances) Regulations 1979 or the Hill Livestock (Compensatory Allowances) Regulations 1975 ; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date when such conversion was completed; “retirement pension” means a category A and category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992 , a category C and category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in Schedule 1 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 ; “severely disadvantaged land” means– the land shown coloured pink on the designated maps, being land– which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate, or land situated in the Isles of Scilly; “sound husbandry practice” includes practice in relation to the grazing and feeding of livestock; “specially qualified flock” means a qualified flock– in which all, or in the opinion of the appropriate Minister substantially all, of the ewes comprised in the flock are of any hardy breed or cross breed of sheep approved by the appropriate Minister for the purposes of these Regulations, being a breed or cross breed which is suitable for breeding and rearing on land in respect of which the severity of the permanent natural handicaps affecting the breeding and rearing of sheep on that land is greater than that affecting the breeding and rearing of sheep on severely disadvantaged land generally, in which the ewes are, in the opinion of the appropriate Minister, maintained in three distinct age groups, and which in England and Wales is maintained on severely disadvantaged land or on severely disadvantaged land and other land used with it, and in Scotland is maintained or substantially maintained on severely disadvantaged land suitable for use for the maintenance of sheep of a hardy breed, but not sheep of other breeds; “specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92. 2 Where in Scotland any agricultural unit consists in part only of eligible land, that land or any part thereof shall be deemed for the purposes of these Regulations not to be eligible land unless, in the opinion of the appropriate Minister, such land or such part thereof would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed thereon, of maintaining a regular breeding herd or a qualified flock. 3 Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations. Compensatory allowances 3 1 Subject to the provisions of these Regulations, the appropriate Minister may, in respect of the year 1994 and each succeeding year, pay to any person who is on the qualifying day in that year the occupier of eligible land, a compensatory allowance for cattle and sheep owned or leased under a formal leasing arrangement by him on that day, being cattle comprised in a regular breeding herd and sheep comprised in a qualified flock. 2 A compensatory allowance in respect of any year shall be paid to an occupier of eligible land only if (except in the case of such an occupier who is in receipt of a retirement pension) he has entered into a written undertaking in such form as the appropriate Minister may require to the effect that he will, for a period of five years from the first payment of a compensatory allowance made under these Regulations, the 1992 Regulations or the 1984 Regulations, continue to use eligible land for agricultural purposes. 3 Subject to regulations 3(5), 3(6) and 4, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at a rate of 20.3 ECU per cow. 4 Subject to regulations 3(5), 3(6) and 5, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a flock on the qualifying day at a rate of 3.045 ECU per ewe. 5 Notwithstanding the provisions of paragraphs (3) and (4) above, the total amount of a compensatory allowance which may be paid in respect of any year– a to the occupier of severely disadvantaged land, shall not exceed £81.13 or 123 ECU for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land; b to the occupier of disadvantaged land, shall not exceed £60.85 or 123 ECU for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land. 6 Where in this regulation alternative rates in sterling and in ECU are given, the rate which results in the lower payment in sterling shall apply. Provisions with respect to cattle 4 1 A compensatory allowance for cattle shall not be paid in respect of any breeding cow the use of which for breeding would not, in the opinon of the appropriate Minister, be in accordance with sound husbandry practice. 2 Where, in the opinion of the appropriate Minister, an appreciable quantity of milk has been produced by a regular breeding herd in the period of 12 months immediately preceding the qualifying day, and such milk has been sold or used for the manufacture of milk products for sale, a compensatory allowance shall be payable in relation to that qualifying day in respect of the number of breeding cows comprised in the herd on that day, reduced by such number as appears to the appropriate Minister to be the number of cows in the herd required to produce that quantity of milk in that period. 3 Subject to paragraph (1) above and notwithstanding paragraph (2) above and the foregoing provisions of these Regulations, the number of breeding cows in respect of which a compensatory allowance may be paid in relation to any qualifying day shall not exceed– a the number of breeding cows comprised in the herd on the date of the application for that allowance; b the number of breeding cows maintained in the herd for a total of 120 days between 1st January in the year preceding that qualifying day and the date of the application for that allowance, inclusive, or, in the case of a herd newly established or re–established between those dates, for such smaller number of days between those dates as the appropriate Minister may determine, disregarding– i any seasonal variation in number, and ii any losses which he is satisfied have been or will be made good, or cannot reasonably be made good, within a reasonable period; c the number of breeding cows held by the applicant on eligible land, or on eligible land and other land used with it, for a period of two months from the day following lodgement of the application for that allowance; d the number of breeding cows which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of calves produced in the year preceding the qualifying day or, in the case of a herd newly–established or re– established in that year, in such shorter period as the appropriate Minister may determine; e the number of breeding cows which the appropriate Minister determines to be the number which the land on which the herd was grazed and maintained in the year preceding that day was, in his opinion, capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals grazed and maintained on that land in that year; or f the number of breeding cows which, when added to the number of ewes in a qualified flock grazed and maintained on eligible land available to the applicant’s herd and, as the case may be, flock throughout the period referred to in sub– paragraph (b) above, is equivalent to 1.4 livestock units per hectare of the forage area of the eligible land so available. Provisions with respect to sheep 5 1 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. 2 Subject to paragraph (1) above and notwithstanding the foregoing provisions of these Regulations, the number of ewes in repect of which a compensatory allowance may be paid in relation to any qualifying day shall not exceed– a the number of ewes comprised in the flock on the date of the application for that allowance; b the number of ewes maintained in the flock for a total of 120 days between 1st January in the year preceding that qualifying day and the date of the application for that allowance, inclusive, or, in the case of a flock newly established or re– established between those dates, for such smaller number of days between those dates as the appropriate Minister may determine, disregarding– i any seasonal variation in number, and ii any losses which he is satisfied have been or will be made good, or cannot reasonably be made good, within a reasonable period; c the number of ewes held by the applicant on eligible land, or on eligible land and other land used with it, for a period of two months from the day following lodgement of the application for that allowance; d the number of ewes which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of lambs produced in the year preceding the qualifying day 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; e 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 is relevant afforested land or forage area and which the appropriate Minister is satisfied was available for the maintenance of the flock throughout the period referred to in sub–paragraph (b) above; f the number of ewes which the appropriate Minister determines to be the number which the land on which the flock was grazed and maintained in the year preceding that day was, in his opinion, capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals grazed and maintained on that land in that year; or g the number of ewes which, when added to the number of cattle comprised in a regular breeding herd grazed and maintained on eligible land available to the applicant’s flock and, as the case may be, herd throughout the period referred to in sub–paragraph (b) above, is equivalent to 1.4 livestock units per hectare of the forage area of the eligible land so available. Applications for compensatory allowances 6 1 An application for a compensatory allowance in respect of any year shall be lodged with the appropriate Minister between 15th November in the preceding year and 20th February in the year in respect of which the application is made inclusive. 2 An application for a compensatory allowance shall be made in such form as the appropriate Minister may require, and no person shall make more than one such application in respect of any year. Powers of authorised persons 7 1 An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of– a carrying out any specified control measure, b ascertaining whether an offence under regulation 12 has been or is being committed, or c ensuring that compensatory allowances under these Regulations are paid in proper cases only. 2 An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, occupied by an applicant or used by him for grazing a herd or flock to which an application for a compensatory allowance relates. 3 An authorised person who has entered any land by virtue of this regulation may– a inspect and verify the total area of that land, including forage area; b inspect and count any animals on that land and read the ear–tags or other identification marks of any such animals; c carry out any other activity which is a specified control measure; and d inspect that land for the purposes of determining whether or not it has been overgrazed. 4 An authorised person entering any land by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary. 5 An authorised person may– a require an applicant or any employee, servant or agent of an applicant to produce any document or other record in his possession or under his control relating to any animals kept or formerly kept by him, and to supply such additional information in that person’s possession or under his control relating to an application for a compensatory allowance as the authorised person may reasonably request; b inspect any document or other record referred to in sub–paragraph (a) above and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that record; c make such copies of any document or other record referred to in sub–paragraph (a) above as he may think fit; and d seize and retain any document or other record referred to in sub–paragraph (a) above which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away. Assistance to authorised persons 8 An applicant, any employee, servant or agent of an applicant or any person in charge of animals on the land shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 7 and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested. Release from undertaking 9 An applicant shall be released from the undertaking referred to in regulation 3(2) if– a he is in receipt of a retirement pension; or b he is prevented from continuing to discharge that undertaking by reason of any material circumstances beyond his control; or c he ceases farming and at least 3 hectares of his eligible land, or the eligible land used by him for the grazing of animals, continues to be used for agricultural purposes. Withholding or recovery of compensatory allowance 10 1 Where any person fails to comply with the terms of an undertaking given by him under regulation 3(2), which has not been released in accordance with regulation 9, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him. 2 Where an applicant, or an employee, servant or agent of an applicant, intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising any power conferred by regulation 7, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out any such power, the appropriate Minister shall be entitled to withhold or to recover on demand from that applicant the whole or any part of any compensatory allowance payable or paid to him. 3 Where any person, with a view to obtaining payment to himself or to any other person of a compensatory allowance, makes any statement or furnishes any information which is false or misleading in a material particular, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him or to such other person. Rate of interest 11 Except where the appropriate Minister recovers from any applicant any compensatory allowance or part of any compensatory allowance paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article. Offences 12 It shall be an offence for a person– a intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 7; b without reasonable excuse, to fail to comply with a request made under regulation 8; or c knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purposes of obtaining for himself or any other person the whole or any part of any compensatory allowance. Punishment of offences 13 1 A person guilty of an offence under regulation 12(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 A person guilty of an offence under regulation 12(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Time limit for prosecutions 14 1 Proceedings for an offence under regulation 12 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge. 2 No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence. 3 For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. 4 A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. 5 In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section. Offences by bodies corporate 15 1 Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of– a any director, manager, secretary or other similar officer of the body corporate, or b any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly. 2 For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate. 3 Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly. Revocation and saving 16 The Hill Livestock (Compensatory Allowances) Regulations 1992 and the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1993 are hereby revoked, except in relation to any compensatory allowance in respect of the year 1993 or any preceding year. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st October 1993. Gillian Shephard Minister of Agriculture, Fisheries and Food Hector Monro Parliamentary Under Secretary of State, Scottish Office 25th October 1993