|Made||1st December 2004|
|Coming into operation||1st December 2004|
(3) 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.
(4) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
Power to make payments
3. Subject to regulation 5, the Department shall make payments of less favoured area compensatory allowance in respect of the year 2004 to any claimant who is eligible under regulation 4 in respect of any eligible forage area.
Eligibility of claimants for less favoured area compensatory allowance
4. - (1) Subject to Article 14.2 of Council Regulation 1257/1999 (third indent), and to regulation 5, a claimant shall be eligible for less favoured area compensatory allowance if, and only if, -
(2) Article 13 of Commission Regulation 2419/2001 (late submission) shall apply to a claim made in an area aid application submitted after 15th May 2003.
(3) The conditions are -
(4) The Department may determine that a notional livestock density of less than 0.2 is sufficient for the purposes of paragraph (1)(c) if it is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the number of animals other than relevant animals kept on the eligible forage area and any obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
(5) In order to enable it to consider whether to exercise its discretion under paragraph (4), the claimant shall provide the Department with such information as it reasonably may require.
Conditions as to continued use of eligible land
5. Less favoured area compensatory allowance shall not be paid to a claimant unless -
Release from undertaking
6. A claimant shall not be taken to be in breach of the undertaking referred to in regulation 5 -
Amount of payment
7. - (1) Subject to paragraph (2) and regulation 8, payment of less favoured area compensatory allowance in respect of the descriptions of eligible forage area specified in column 1 of the Schedule shall be made at the rates specified in column 2 of the Schedule.
(2) The amount of the payment under paragraph (1) may be increased by an amount determined by the Department if the number of suckler cows and heifers expressed in livestock units kept by a claimant throughout the retention period is at least 25% of the number of the claimant's relevant animals expressed in livestock units.
Exclusion of forage area
8. - (1) Subject to paragraph (2), if, on 31st March 2003, a claimant had available to him an individual reference quantity of milk, his relevant forage area shall be reduced by 1 hectare per 10,000 litres of that quantity for the purposes of determining his qualifying forage area.
(2) Where any holding in respect of which a claim has been made is a cross-border holding, the individual reference quantity of milk applicable to that part of the claimant's holding situate in Northern Ireland shall be calculated as follows:
|IRQ =TIRQ × X ÷ Y|
(3) Where paragraph (1) or (2) applies, the reduction in the relevant forage area shall first be applied to land which is not eligible land, followed by disadvantaged land, and lastly, severely disadvantaged land.
Powers of authorised persons
9. - (1) An authorised person may at all reasonable times, on producing, if so required, some duly authenticated document showing his authority, enter on any land, other than land used solely for the purpose of a dwelling-house -
for any of the purposes mentioned in paragraph (2).
(2) The purposes referred to in paragraph (1) are -
(3) An authorised person who has entered any land under paragraph (1) may -
(4) A claimant or beneficiary and any employee, servant or agent of such claimant or beneficiary shall give an authorised person all reasonable assistance in relation to the exercise of his powers under paragraphs (1) and (3).
(5) An authorised person entering any land under paragraph (1) may be accompanied by -
and paragraphs (3) and (4) shall apply in relation to any person referred to in sub-paragraph (b), when acting under the instructions of an authorised person, as if he were an authorised person.
Breaches of undertakings
10. Where -
the Department may exercise any of the powers specified in regulation 11.
Department's powers of recovery etc.
11. - (1) The powers conferred by regulation 10 are -
(2) Where the Department takes any step specified in paragraph (1), it may also suspend or terminate the undertaking, and thereupon any entitlement of the beneficiary to payment in respect of the unexpired period of the undertaking shall likewise be suspended or terminated, as the case may be.
(3) The powers conferred on the Department by paragraph (2) shall be exercisable by a notice served on the beneficiary by post at his last known address.
Recovery of interest
12. - (1) Where the Department exercises the power conferred by regulation 11(1)(b), it may also recover on demand interest on the sum to be recovered, and the rate of interest shall be one percentage point above LIBOR on a day to day basis.
(2) For the purposes of this regulation, "LIBOR" means the sterling three month London interbank offered rate in force during the period between the date on which the Department makes the payment to be recovered and the date on which it recovers the payment.
(3) In any proceedings relating to this regulation, a certificate of the Department stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Department of that rate.
Sums payable to the Department to be recoverable as a debt
13. In any case where an amount falls to be paid to the Department by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable as a debt.
Offences and penalties
14. - (1) A person is guilty of an offence if -
(2) A person guilty of an offence under paragraph (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A person guilty of an offence under paragraph (1)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) No prosecution for an offence under paragraph (1) shall be commenced after the expiration of three years from the commission of the offence or one year from the date that, in the prosecutor's opinion, evidence sufficient to justify the proceedings came to his knowledge, whichever is the earlier.
(5) Where paragraph (4) applies -
15. In regulation 4(b) of the Farm Subsidies (Review of Decisions) Regulations (Northern Ireland) 2001 for the words "or the Less Favoured Areas Compensatory Allowances Regulations (Northern Ireland) 2003" there shall be substituted the words, "the Less Favoured Area Compensatory Allowances Regulations (Northern Ireland) 2003 or the Less Favoured Area Compensatory Allowances Regulations (Northern Ireland) 2004".
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
1st December 2004.
A senior officer of the Department of Agriculture and Rural Development
|Column 1||Column 2|
Severely disadvantaged land (not being common land)
Disadvantaged land (not being common land)
 S.R. 1996 No. 230 amended by S.R. 1996 No. 498, S.R. 1997 No. 13, S.R. 1997 No. 486, S.R. 1998 No. 34, S.R. 1998 No. 439, S.R. 1999 No. 68 and which cease to apply by virtue of S.R. 1999 No. 497back
 O.J. No. L355, 05.12.92, p. 1 as last amended by Commission Regulation (EC) No. 495/2001 (O.J. No. L72, 14.03.01, p. 6). Council Regulation (EC) No. 3508/92 was repealed by Article 153 (1) of Council Regulation (EC) No. 1782/2003 (O.J. No. L270, 21.10.2003, p. 1) but continues to apply to applications for direct payments in respect of calendar years preceding 2005back
 S.R. 1992 No. 476 amended by S.R. 1994 No. 404, S.R. 1995 No. 403, S.R. 1996 No. 497, S.R. 1997 No. 485, S.R. 1998 No. 440, S.R. 1999 No. 457, S.R. 2000 No. 301, S.R. 2001 No. 411 and S.R. 2002 No. 368back