Hill Livestock (Compensatory Allowances) Regulations 1975

JurisdictionUK Non-devolved
CitationSI 1975/2210
Year1975

1975 No. 2210

AGRICULTURE

The Hill Livestock (Compensatory Allowances) Regulations 1975

18thDecember 1975

1stJanuary 1976

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, being Ministers designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the Common Agricultural Policy of the European Economic Community, acting jointly, in exercise of the powers conferred by the said section 2(2), and of all their other enabling powers, hereby make the following regulations:—

Citation, extent and commencement

1. These regulations, which may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1975, shall apply throughout the United Kingdom, and shall come into operation on 1st January 1976.

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;

"the appropriate Minister" means—

(a) in relation to England and Northern Ireland, and in relation to Wales for the purpose of the making, receipt or recovery of any payment, the Minister of Agriculture, Fisheries and Food,

(b) in relation to Wales, save for the purpose of the making, receipt or recovery of any payment, the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, and

(c) in relation to Scotland, the Secretary of State for Scotland;

"approved breed" means 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 eligible land generally;

(a) S.I. 1972/1811 (1972 III, p. 5216).

(b) 1972 c. 68.

"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 a qualifying day, has either borne a calf, or to the satisfaction of the appropriate Minister has been brought into the herd primarily for the purpose of replacing such an animal and is suitable for that purpose;

"eligible land" means land of not less than three hectares, being land—

(a) situated in an area which is included in the list of less-favoured farming areas adopted by the Council of Ministers of the European Economic Community under Article 2(2) of Council Directive No. 75/268/EEC of 28th April 1975(a) and consists predominantly of mountains, hills or heath, and

(b) which is, or by improvement could be made, suitable for use for the breeding, rearing and maintenance of sheep or cattle but not, in the opinion of the appropriate Minister, for the carrying on, to any material extent, of dairy farming, the production, to any material extent, of fat sheep or fat cattle or the production of crops in quantity materially greater than that necessary to feed the number of sheep or cattle capable of being maintained on the land;

"ewe" means a female sheep which, on a qualifying day, is more than one year old;

"hill sheep land" in relation to Scotland means eligible land suitable for use for the maintenance of sheep of a hardy breed, but not of sheep of other breeds;

"occupier" includes a person who has a right to use eligible land for the purpose of grazing cattle or sheep;

"qualified flock" means a flock of ewes which is kept on eligible land, or on eligible land and other land used with it, for the breeding and rearing of lambs, and which is, in the opinion of the appropriate Minister, maintained and managed in accordance with sound husbandry practice;

"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—

(a) has, on a qualifying day, been in existence for a period of at least six months,

(b) is, in the opinion of the appropriate Minister, maintained primarily for the purpose of breeding and rearing calves, and

(c) is, in the opinion of the appropriate Minister, reasonably constant in its composition and maintained and managed in accordance with sound husbandry practice;

"retirement pension" means—

(a) in relation to Great Britain, a category A and category B pension within the meaning of section 12(1)(f) of the Social Security Act 1975(b), and a category C and category D pension within the meaning of section 34(1)(e) of that Act, and

(a) OJ No. L.128, 19.5.1975, p. 1.

(b) 1975 c. 14.

(b) in relation to Northern Ireland, a category A and category B pension within the meaning of section 12(1)(f) of the Social...

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