The Countryside Stewardship (England) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/41
Year2020
(1) These Regulations may be cited as the Countryside Stewardship (England) Regulations 2020 and come into force on 11th February 2020.(2) These Regulations extend to England and Wales but apply to England only.(1) In these Regulations—
  • agreement holder” means a CS agreement holder or a facilitation agreement holder;
  • agreement year” means a period of 12 months commencing with the date of, or any anniversary of the date of, the coming into effect of a countryside stewardship agreement or a facilitation agreement;
  • carry out”, in relation to an obligation under a countryside stewardship agreement or a facilitation agreement, includes ensuring that the obligation is carried out;
  • countryside stewardship agreement” means an agreement under regulation 3;
  • CS agreement holder” means a person who enters into a countryside stewardship agreement with the Secretary of State;
  • eligible person” means—
    • (a) any person who has management control of the eligible land and sufficient control of the activities on that land to be able to meet the conditions of the countryside stewardship agreement for either—
      • (i) the duration of the agreement and any ongoing maintenance requirements set out in the agreement, or
      • (ii) part of the duration of the agreement and any ongoing maintenance requirements set out in the agreement, if the person to whom the management control will revert for the remaining part has co-signed the application for a grant under regulation 3, and
    • (b) whose business is, in the opinion of the Secretary of State, viable;
  • facilitation agreement” means an agreement under regulation 6;
  • facilitation agreement holder” means a person who enters into a facilitation agreement with the Secretary of State;
  • facilitation services” means professional services to promote cooperation between members of a group;
  • officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity;
  • “officer” or “member”, in relation to an unincorporated association, includes any person purporting to act in such capacity;
  • partner” includes any person purporting to act in such capacity;
  • partnership” does not include a limited liability partnership;
  • permanent crops” means non-rotational crops other than permanent grassland that occupy the land for five years or more and yield repeated harvests;
  • permanent grassland” means land used to grow grasses or other herbaceous forage naturally or through cultivation and that has not been included in the crop rotation for five years or more;
  • Priority Habitat” means a type of habitat identified as being of principle importance in England in accordance with section 41 of the Natural Environment and Rural Communities Act 2006 ;
  • Priority Species” means those living organisms identified as being of principle importance in England in accordance with section 41 of the Natural Environment and Rural Communities Act 2006;
  • qualified person” means either—
    • (a) a person from the farming, forestry or other land management sector, or
    • (b) a person with environmental land management experience and skills in providing facilitation services;
  • unincorporated association” does not include a partnership.
an area of agricultural land, including associated farm buildings, that is taken up by arable land, permanent grassland or permanent crops;Sites of Special Scientific Interest, as defined in section 52(1) of the Wildlife and Countryside Act 1981 Special Area of Conservation (“SAC”) , as designated in regulation 13 of the Conservation of Habitats and Species Regulations 2017 Special Protection Areas (“SPA”) , as classified in regulation 15 of the Conservation of Habitats and Species Regulations 2017 Ramsar Sites, which means wetlands designated under the Ramsar Convention as being of international importance, as described in section 37A of the Wildlife and Countryside Act 1981 a terrestrial Priority Habitat;land that supports a Priority Species;is at least 0.5 hectares,has an average width of at least 20 metres, andcontains groups or lines of trees that are, or will reach, at least 5 metres in height and with a crown cover of more than 20% of the ground area;the European Union,Parliament, ora body exercising public functions within the United Kingdom; oris required under any other form of legally binding obligation;on which solar panels generate electricity other than for a use connected to those activities.(1) The Secretary of State may make a grant to any eligible person who undertakes to carry out, in relation to eligible land, at least one of the activities listed in column 1 of Part 2 or 3 of the Schedule, those activities being, in the opinion of the Secretary of State, conducive to one of the purposes set out in section 98(1) of the Environment Act 1995.(2) The eligible person must make an application for a grant in accordance with such requirements as the Secretary of State may specify (see regulation 8) .that the eligible person enters into a countryside stewardship agreement with the Secretary of State; andthe requirements set out in regulation 9, andthe terms and conditions set out in their countryside stewardship agreement.the duration of the agreement,the activity or activities that the CS agreement holder must carry out,the terms and conditions which the CS agreement holder must comply with, andthe payments to be made to the CS agreement holder by the Secretary of State.agreement with the CS agreement holder, orserving notice on the CS agreement holder.
  • The rate of payment for each activity must not exceed that specified in column 3 of Parts 2 or 3 of the Schedule.
  • the CS agreement holder transfers management control of all or part of the land which is the subject of that agreement to another person (“the transferee”) ,the transferee is an eligible person,the transferee notifies the Secretary of State of the transfer within 90 days beginning with the day after the date of the transfer,the transferee gives an undertaking to the Secretary of State to assume the obligations under that agreement in place of the CS agreement holder, andthe Secretary of State has accepted that undertaking.(2) Paragraph (1) does not release the CS agreement holder in respect of any breach or other matter occurring before the acceptance by the Secretary of State of the transferee's undertaking.(3)

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