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The Hill Farm Allowance Regulations 2010

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Regulation 2

SCHEDULE 2E+WRelevant Animals

This schedule has no associated Explanatory Memorandum

Breeding cowsE+W

1.—(1) Subject to paragraph 3, a breeding cow is a relevant animal if—

(a)it is declared in, or subsequently accepted by the Secretary of State as being included in, the claimant’s claim;

(b)it is of a meat breed, or is a crossbreed, or the offspring of a crossbreed;

(c)it is registered in accordance with Schedule 2 to the Cattle Identification Regulations 2007(1);

(d)throughout a period of six consecutive months starting on any date from 1st July 2009 to 31st December 2009 inclusive—

(i)it was part of a herd used for rearing calves for meat production only;

(ii)it was owned by, or leased under a written leasing agreement to, the claimant;

(iii)the claimant had economic responsibility for it; and

(iv)it was kept on the claimant’s holding.

(2) The condition in sub-paragraph (1)(d)(iv) continues to be met if—

(a)the breeding cow was replaced with another one during that six-month period;

(b)the conditions in sub-paragraph (1)(a) to (d)(iii) are met in respect of that replacement; and

(c)that replacement was kept on the claimant’s holding for the remainder of that period.

(3) In this paragraph—

(a)“crossbreed” means a bovine animal with at least one parent of a meat breed;

(b)“meat breed” means any bovine breed not listed in Annex IV to Commission Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof(2).

Commencement Information

I1Sch. 2 para. 1 in force at 24.2.2010, see reg. 1(b)

2.—(1) For the purposes of paragraph 1(1)(d)(iii), a claimant had economic responsibility for a breeding cow if, in relation to that cow, the claimant—

(a)was its keeper;

(b)made the final decisions regarding, and paid for, its feeding, bedding, housing and veterinary requirements; and

(c)was in possession of its cattle passport.

(2) In sub-paragraph (1), “cattle passport” and “keeper” have the same meaning as in regulation 2(1) of the Cattle Identification Regulations 2007.

Commencement Information

I2Sch. 2 para. 2 in force at 24.2.2010, see reg. 1(b)

3.  Where—

(a)the claimant’s breeding cows which meet the conditions in paragraph 1(1) include heifers, and

(b)the number of such heifers, expressed in livestock units, exceeds 40% of the total number of breeding cows, expressed in livestock units, which meet those conditions,

the number of heifers which are taken to be relevant animals are reduced so that they are no more than 40% of the total number of livestock units.

Commencement Information

I3Sch. 2 para. 3 in force at 24.2.2010, see reg. 1(b)

EwesE+W

4.  A ewe is a relevant animal if—

(a)it is declared in, or subsequently accepted by the Secretary of State as being included in, the claimant’s claim;

(b)the requirements of articles 23, 24 and 26 of the Sheep and Goats (Records, Identification and Movement) (England) Order 2007(3) (which relate to holding registers, movement documents and inventories) were complied with in relation to that ewe;

(c)it formed part of a flock kept on the holding for a consecutive period of 100 days starting on any day from 1st January 2009 to 22nd September 2009 inclusive; and

(d)it was, throughout that consecutive period, owned by, or leased under a written leasing agreement to, the claimant.

Commencement Information

I4Sch. 2 para. 4 in force at 24.2.2010, see reg. 1(b)

(1)

S.I. 2007/529, to which there are amendments not relevant to these Regulations.

(2)

OJ No L 316, 2.12.2009, p27.

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