Statutory Instruments of the Scottish Parliament

(a) after the definition of "application" insert–

" "arable land" means–
(a) land which was in an arable crop in one or more years during the 5 years prior to 15th May 2003; and

(b) from 2006 and for subsequent years, land which was in an arable crop (or under set-aside or lying fallow as part of a normal crop rotation) in one or more years during the 5 years prior to 15th May in the year of application for aid under these Regulations;"; and

omit the definition of "eligible arable land";

(b) for the definition of "Commission Regulation" substitute–

(a) in regulation 2 (interpretation)–


(i) to insert definitions of land formally in conversion and permanent pasture and to update the reference to an EC Commission Regulation (regulation 3(1)(b), (c), and (f));

(ii) to amend the definitions of arable land, improved grassland, landlord, rough grazings, tenant and the Organic Standards Compendium (regulation 3(1)(a), (d), (e), (g), (h), and (i));

(iii) to insert an Electronic Communications Act 2000 provision enabling things done in writing in the principal Regulations to include a reference to an electronic communication (regulation 3(2));



(b) in regulation 3 (application) to provide for two categories of undertaking under the principal Regulations, each of which has its own set of payment rates for conversion grants, under Schedule 3 and the new Schedule 3A (regulation 4);

(c) in regulation 5 (conditions of eligibility for conversion grant) to amend these conditions to provide for the joint assumption of obligations by an owner and a tenant (regulation 5);

(d) in regulation 6 (undertakings by applicants for conversion grants) to add another obligation to the conversion grant undertaking concerning land declared as vegetable and fruit land (regulation 6);

(e) in regulation 8 (conditions of eligibility for maintenance grant) to amend these conditions to provide for the joint assumption of obligations by an owner and a tenant (regulation 7);

(f) in regulation 9 (undertakings by applicants for maintenance grants) to add another obligation to the maintenance grant undertaking concerning land declared as fruit and vegetable (regulation 8);

(g) in regulation 14 (amounts of payments and claims) to make amendments to provide for the two payment rates for conversion grants under Schedule 3 and the new Schedule 3A (regulation 9(1)) and to provide for the new definition of arable land (regulation 9(2));

(h) in Schedule 3 (payments of conversion grants) to make amendments to provide for the new definition of arable land (regulation 10);

(i) after Schedule 3 to insert a new Schedule 3A to specify payment rates for conversion grants for any undertakings given: under the principal Regulations; or under the 1994 Regulations and given after 31st December 2002 (regulation 11);

(j) in Schedule 6 (payments of capital grant) to amend some of the payment rates for certain capital activities (regulation 12); and

(k) in Schedule 7 (payments of maintenance grant) to amend some of the payment rates for certain maintenance activities (regulation 13).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.