Countryside Stewardship Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1327 |
| Year | 1998 |
1998 No. 1327
COUNTRYSIDE
The Countryside Stewardship Regulations 1998
Made 21th May 1998
Laid before Parliament 27th May 1998
Coming into force 24th June 1998
The Minister of Agriculture, Fisheries and Food, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community2, in exercise of the powers contained in that section in so far as these Regulations could not have been made under the powers hereinafter mentioned, and otherwise in exercise of the powers conferred on him by section 98 of the Environment Act 19953and of all other powers enabling him in that behalf, with the consent of the Treasury and after consulting the Secretary of State, the Countryside Commission, the Nature Conservancy Council for England and the Historic Buildings and Monuments Commission for England in accordance with section 99 of that Act, hereby makes the following Regulations:
Title, commencement and extent
1.—(1) These Regulations may be cited as the Countryside Stewardship Regulations 1998 and shall come into force on 24th June 1998.
(2) These Regulations extend to England.
Revocation
2. The Regulations specified in Schedule 2 are revoked.
Interpretation
3.—(1) In these Regulations, unless the context otherwise requires—
“agreement land” means land which is the subject of a stewardship agreement or a former scheme agreement;
“agreement year”, in relation to any stewardship agreement or former scheme agreement, means a period of 12 months commencing with the date of, or any anniversary of the date of, the coming into effect of the agreement;
“agri-environment scheme” means an arrangement which is—
(a) regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
(b) approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
“the Commission Regulation” means Commission Regulation (EC) No. 746/964laying down detailed rules for the application of the Council Regulation, as last amended by Commission Regulation (EC) No. 435/975;
“the Council Regulation” means Council Regulation (EEC) No. 2078/926on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, as last amended by Commission Regulation (EC) No. 2772/957as rectified in turn by Commission Regulation (EC) No. 1962/968;
“Countryside Commission” means the body established by section 1 of the National Parks and Access to the Countryside Act 19499;
“carrying out”, in relation to an activity, includes ensuring that it is carried out, and “carry out” shall be construed accordingly;
“eligible person” means—
(a) a stewardship agreement holder, or
(b) a former scheme agreement holder,
who applies for a grant under these Regulations and is not excluded from eligibility for that grant at the time at which his application is considered by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person covered by that provision who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under the Council Regulation);
“former scheme” means the countryside stewardship scheme administered by the Countryside Commission under section 4 of the Countryside Act 196810from 25th June 1991 to 31st March 1996;
“former scheme agreement” means an agreement made with the Countryside Commission by any person with an interest in land under the former scheme, the rights and obligations of the Countryside Commission under which have been assumed by the Minister;
“former scheme agreement holder” means—
(a) a person (other than the Minister or the Countryside Commission) who is a party to a former scheme agreement; and
(b) any person with an interest in the agreement land who is bound by the terms of a former scheme agreement as successor to a person falling within sub-paragraph (a) of this definition;
“interest”, in relation to land, means a freehold or leasehold interest in it, or a licence to occupy it;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“special project agreement” has the meaning given to it in regulation 4(4);
“specified purposes” means—
(a) the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or
(b) the promotion of the enjoyment of the countryside by the public;
“standard agreement” has the meaning given to it by regulation 4(4);
“stewardship agreement” has the meaning given to it by regulation 4(3); and
“stewardship agreement holder” means any person who has entered into a stewardship agreement.
(2) Any reference in these Regulations to—
(a)
(a) a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered;
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation (or, in Part I or II of Schedule I, the Part) in which the reference occurs; and
(c)
(c) a numbered or denoted sub-paragraph is a reference to the sub-paragraph so numbered or denoted in the paragraph in which the reference occurs.
Power to enter into agreements
4.—(1) In any case where the Minister is of the opinion that the carrying out by any person who has an interest in land of any activity in relation to that land would be conducive to the specified purposes, he may, subject to paragraphs (5) and (6) below and regulations 6 and 7, enter into a stewardship agreement with that person.
(2) In this regulation—
(a)
(a) “the other party” means a person within the description in paragraph (1), being the particular person in the case in question; and
(b)
(b) “the relevant land” means land referred to in paragraph (1), being the particular land in question.
(3) For the purposes of paragraph (1) above, a stewardship agreement means an agreement which remains in force for a term specified in the agreement, provides for the other party to carry out the activity in question in relation to the relevant land and requires the Minister to pay grant to the other party in respect of the carrying out of that activity thereon.
(4) In these Regulations a standard agreement means a stewardship agreement which—
(a)
(a) includes provision for the other party to carry out on the relevant land at least one activity specified in an entry of column 1 of Part I or II of Schedule 1;
(b)
(b) in relation to each such activity so provided for, and any activity specified in an entry of column 1 of Part III of Schedule 1 for which the agreement provides, requires or enables the Minister to pay grant at a rate no greater than the maximum payment rate specified in the corresponding entry in column 2 thereof as amended from time to time during the term of the agreement; and
(c)
(c) does not include provision for the Minister to pay grant otherwise than as specified in sub-paragraph (b) above;
and a special project agreement means a stewardship agreement other than a standard agreement.
(5) The Minister shall not enter into any stewardship agreement in circumstances to which Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) applies unless he is satisfied that the conditions set out in that Article are fulfilled.
(6) The Minister shall not enter into a special project agreement in relation to any activity except where he considers that—
(a)
(a) the achievement of any one or more of the specified purposes is desirable in relation to particular land;
(b)
(b) that purpose or those purposes could not be fully achieved in relation to that land but for the carrying out of that activity; and
(c)
(c) that activity is either—
(i) outside the range of activities specified in Part I or II of Schedule 1; or
(ii) an activity specified in an entry in column 1 thereof, but such that that person cannot reasonably be expected to carry it out in the absence of payment at a rate greater than the maximum rate specified in the corresponding entry in column 2 thereof.
(7) Part IV of Schedule 1 shall have effect for the purpose of interpreting Parts I, II and III thereof.
Grants for purposes conducive to conservation etc.
5. Subject to regulation 7, the Minister may make a grant—
(a) in accordance with a stewardship agreement, to any eligible person; and
(b) in accordance with a former scheme agreement, to any eligible person who does or undertakes to the Minister to do anything the doing of which in the opinion of the Minister is conducive to the specified purposes.
Conditions
6. Any requirement in a stewardship agreement to make a grant under these Regulations to any person shall be subject to the condition that he is an eligible person and also to the following conditions—
(a) that he is not in breach of any of the terms of the stewardship agreement by which he is bound;
(b) that he complies with the requirements of regulations 8 and 9 below; and
(c) that he maintains an interest in the agreement land for the duration of the...
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