Organic Aid (Scotland) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1701 |
| Year | 1994 |
1994 No. 1701 (S.75)
AGRICULTURE
The Organic Aid (Scotland) Regulations 1994
Made 27th June 1994
Laid before Parliament 1st July 1994
Coming into force 22th July 1994
The Secretary of State, being a Minister designated1, for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community in exercise of the powers conferred on him by that section, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1. These Regulations may be cited as the Organic Aid (Scotland) Regulations 1994, shall come into force on 22nd July 1994 and shall apply to Scotland only.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“application” means an application for aid under the scheme, made in accordance with regulation 7, and “applicant” and “apply” shall be construed accordingly;
“arable land” means land–
(a) on which an arable crop is growing, or has been planted; or
(b) which is lying fallow as part of a normal crop rotation (including short-term leys); or
(c) set aside and which has been land within the meaning of paragraph (a) or (b) above or improved grassland for a period of at least 3 years before the date of application;
“beneficiary” means–
(a) a person or grazings committee whose application has been accepted by the Secretary of State; or
(b) a person who occupies a farm or part of a farm following a change of occupation of that farm or part and who has given an undertaking to comply with the obligations relating to that farm or part assumed by its previous occupier;
“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs3;
“Council Regulation 2078/92” means Council Regulation (EEC) No. 2078/92on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside4;
“date of entry into the scheme” means the date on which an applicant proposes to assume obligations under the scheme in accordance with regulation 7(c);
“farm” includes a common grazing;
“farmer” includes a grazings committee;
“grazings committee” means a committee appointed under section 47(1) or (3) of the Crofters (Scotland) Act 19935and includes a grazings constable;
“holding” means all the production units farmed by an applicant or beneficiary;
“improved grassland” means either land used for grazing where over one third of the sward comprises, singly or in mixture, ryegrass, coxsfoot or timothy, or land that has been improved by management practices such as liming and top dressing, where there is not a significant presence of sensitive plant species indicative of native unimproved grassland;
“landlord” means–
(a) in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 19916(the “1991 Act”) applies, the landlord within the meaning of section 85 of that Act;
(b) in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, the landlord within the meaning of section 61(1) of that Act;
(c) in the case of a holding within the meaning of the Small Landholders (Scotland) Act 19117to which the 1991 Act does not apply, the same as it means in the 1911 Act,
and, where appropriate, includes a head tenant;
“organic farming” means farming in accordance with the standards set out by the UKROFSUKROFS;
“organic standard” means the standard attained by land on the converted land register of the UKROFSUKROFS;
“production unit” means land, other than a common grazing, farmed in Scotland by an applicant or beneficiary which would be accepted by the UKROFSUKROFS as viable for conversion to organic standards;
“rough grazings” means land containing semi-natural vegetation including heathland, heather moorland, bog and rough grassland used or suitable for use as grazing;
“scheme” means the scheme to encourage organic farming methods as specified in Article 2(1)(a) of Council Regulation 2078/92;
“set-aside” means set-aside in accordance with the provisions of Council Regulation (EEC) No.1765/92 establishing a support system for certain arable crops8and Article 5 of Commission Regulation (EEC) No.762/94 laying down detailed rules for the application of Council Regulation (EEC) No.1765/92 with regard to set-aside9;
“specified period” means the period, being not less than 5 years from the date of entry into the scheme and ending on the date of receipt by a beneficiary of the final payment of aid in respect of any land under the scheme;
“tenant” means–
(a) in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1991 (the “1991 Act”) applies, the tenant within the meaning of section 85 of that Act;
(b) in the case of a croft within the meaning of the Crofters (Scotland) Act 1993, the crofter within the meaning of section 3(3) of that Act;
(c) in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1991 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act,
and, where appropriate, includes a sub-tenant;
“unimproved grassland” means land used for grazing or mowing which does not constitute improved pasture or rough grazing;
“UKROFSUKROFS” means the United Kingdom Register of Organic Food Standards as being the body, having responsibility for administrating the European Community Organic Farming Standards under Council Regulation No.2092/91.
(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Aid for organic farming
3. Subject to the provisions of these Regulations, the Secretary of State may make payments of aid under the scheme to an applicant who–
(a) satisfies the conditions of eligibility specified in regulation 4;
(b) has given the undertakings set out in regulation 5;
(c) has made an application in accordance with regulation 7 which has been accepted by the Secretary of State; and
(d) complies with any requirements made by the Secretary of State under that regulation.
Conditions of eligibility
4.—(1) An applicant shall be eligible to make an ap plication if at the date of application the applicant–
(a)
(a) is either the lawful occupier of a production unit or, (subject to regulation 6 below), a grazings committee;
(b)
(b) is entering into the scheme a production unit or common grazing which extends to not less than one hectare; and
(c)
(c) has approval from UKROFSUKROFS or an UKROFSUKROFS approved body for his conversion plan.
(2) An application shall not be made in respect of any area of land already converted to organic standard on or after 10th August 1993.
Undertakings by applicants
5. The applicant shall undertake–
(a) to convert the land to which the application relates to organic farming methods;
(b) to continue with organic farming on that land for the specified period;
(c) if, at the date of the application, organic farming has already been introduced on land on the applicant’s farm other than land to which the application relates, to continue with such farming on such other land for the specified period;
(d) to ensure that the organic farming of his farm conforms to UKROFSUKROFS standards; and
(e) if the applicant has chosen to phase the introduction of the conversion to organic standard of the land to which the application relates, to do so over a period not exceeding 5 years from the date of entry into the scheme.
Crofters common grazings
6.—(1) Subject to paragraph (4) below, a grazings committee shall be eligible to apply in relation to a common grazing, with the consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing.
(2) All obligations undertaken by a grazings committee in applying to enter the scheme shall be binding upon their successors in office.
(3) Subject to paragraph (4) below, payments of aid to a grazings committee shall be divided by them among the crofters who share in the common grazing in such proportion as may be determined by the grazings committee.
(4) A grazings committee shall give notice of their proposals under paragraphs (1) and (3) above by advertisement or otherwise to the crofters ordinarily resident in the township and sharing in the common grazing, and any such crofter may within one month of the date of such notice make representation in respect of the proposals to the Crofters Commission who may approve them with or without modification or reject them.
Application for aid
7.—(1) An application for aid under these Regulations shall be made in writing, in such form and at such time as the Secretary of State reasonably may require and shall include–
(a)
(a) a map clearly showing–
(i) the boundaries of the applicant’s farm or common grazing, together with any internal field boundaries;
(ii) the areas of arable land, improved grassland, rough grazing and unimproved grassland;
(iii) the area of land, if any, which already meets the organic standard; and
(iv) the area of land, if any, on which organic farming is to be introduced or which is on the UKROFSUKROFS register of land in...
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