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The Rural Stewardship Scheme (Scotland) Amendment Regulations 2005

As Enacted Cited authorities 36 Cited in Related
Vincent
JurisdictionScotland
CitationSSI 2005/620

2005 No. 620

AGRICULTURE

The Rural Stewardship Scheme (Scotland) Amendment Regulations 2005

Made 1st December 2005

Laid before the Scottish Parliament 1st December 2005

Coming into force 23th December 2005

The Scottish Ministers, in exercise of the powers conferred by section 98(1) and (2) of the Environment Act 19951and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

S-1 These Regulations may be cited as the Rural Stewardship Scheme...

1.—(1) These Regulations may be cited as the Rural Stewardship Scheme (Scotland) Amendment Regulations 2005 and shall come into force on 23rd December 2005.

(2) In these Regulations, “the principal Regulations” means the Rural Stewardship Scheme (Scotland) Regulations 20012.

S-2 Amendment of the Rural Stewardship Scheme (Scotland) Regulations 2001

Amendment of the Rural Stewardship Scheme (Scotland) Regulations 2001

2. The principal Regulations are amended in accordance with regulations 3 to 10.

S-3 Amendment of regulation 2 (interpretation)

Amendment of regulation 2 (interpretation)

3. In regulation 2 (interpretation) in paragraph (1)–

(a) after the definition of “1991 Act” insert–

““1993 Act” means the Crofters (Scotland) Act 19933;

“2003 Act” means the Agricultural Holdings (Scotland) Act 20034;”;

(b) for the definition of “Commission Regulation” substitute–

““Commission Regulation” means Commission Regulation (EC) No. 817/20045laying down detailed rules for the application of the Council Regulation;”;

(c) after the definition of “eligible land” insert–

““entrant from an Environmentally Sensitive Areas scheme” means an applicant who takes on an undertaking and who, prior to taking on that undertaking, had previously entered into an agreement under section 18(3) of the Agriculture Act 19866as regards land in an area designated by:

(i) the Environmentally Sensitive Areas (Loch Lomond) Designation Order 19927;

(ii) the Environmentally Sensitive Areas (Breadalbane) Designation Order 19928;

(iii) the Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 19939;

(iv) the Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 199310;

(v) the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 199311;

(vi) the Environmentally Sensitive Areas (Stewartry) Designation Order 199312;

(vii) the Environmentally Sensitive Areas (Central Borders) Designation Order 199313;

(viii) the Environmentally Sensitive Areas (Argyll Islands) Designation Order 199314;

(ix) the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 199315; or

(x) the Environmentally Sensitive Areas (Shetland Islands) Designation Order 199316;

“entrant from the Habitats scheme” means an applicant who takes on an undertaking and who, prior to taking on that undertaking, had previously taken on an undertaking under the Habitats (Scotland) Regulations 199417;

“entrant with a successful challenge” means an applicant who took on an undertaking which came into effect before 1st January 2003 and who has had a request under Article 40(5) (hardship cases) of Council Regulation (EC) No. 1782/2003establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers18successfully upheld;”.

(d) for the definition of “landlord” substitute–

““landlord” means–

(a) in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the landlord within the meaning of section 85 of the 1991 Act;

(b) in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the landlord within the meaning of section 93 of that Act;

(c) in the case of a croft within the meaning of the 1993 Act, the landlord within the meaning of section 61(1) of that Act;

(d) in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the same as it means in the 1911 Act,

and, where appropriate, includes a head tenant;”;

(e) after the definition of “moorland” insert–

““pre 2003 entrant” means an applicant who took on an undertaking which came into effect before 1st January 2003 but excluding entrants from an Environmentally Sensitive Areas scheme, entrants from the Habitats scheme or entrants with a successful challenge;

“post 2003 entrant” means an applicant who took on an undertaking which came into effect on or following 1st January 2003, or who takes on an undertaking from the date of the Rural Stewardship Scheme (Scotland) Amendment Regulations 200519, but excluding entrants from an Environmentally Sensitive Areas scheme, entrants from the Habitats scheme or entrants with a successful challenge;”; and

(f) for the definition of “tenant” substitute–

““tenant” means–

(a) in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;

(b) in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;

(c) in the case of a croft within the meaning of the 1993 Act, the crofter within the meaning of section 3(3) of that Act;

(d) in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act,

and, where appropriate, includes a sub-tenant;”.

S-4 Amendment of regulation 3 (payments of aid to enhance the environment)

Amendment of regulation 3 (payments of aid to enhance the environment)

4. For regulation 3(1)(a) (payments of aid to enhance the environment) substitute–

“(a)

“(a) is the owner or tenant of the eligible land to which such an undertaking relates and is in lawful actual occupation of that land or, in the case of an owner, has, jointly with the tenant, given an undertaking referred to in paragraph (2); and”.

S-5 Amendment of regulation 8 (rates of payment)

Amendment of regulation 8 (rates of payment)

5. For regulation 8(1) (rates of payment) substitute–

S-1

“1 The amount of aid payable under regulation 3(1) shall, subject to the provisions of this regulation, be calculated with reference to the activity undertaken, and the rate of payment in respect of each activity described in column 1 of Schedule 4 shall be the rate shown opposite the entry for that activity–

(a) in column 2 of Schedule 4, for–

(i) pre 2003 entrants;

(ii) entrants from an Environmentally Sensitive Areas scheme; or

(iii) entrants from the Habitats scheme; and

(b) in column 3 of Schedule 4, for–

(i) post 2003 entrants; or

(ii) entrants with a successful challenge;”.

S-6 Amendment of regulation 10 (change of occupation of land)

Amendment of regulation 10 (change of occupation of land)

6. For regulation 10(3) (change of occupation of land) substitute–

S-3

“3 A new occupier of all or any part of the land who wishes to take on an undertaking or a landlord who has undertaken, jointly with the tenant, to assume any undertaking, and who becomes the new occupier, shall furnish the Scottish Ministers with such information in such form and within such period following the change of occupation as the Scottish Ministers may determine.”.

S-7 Amendment of Schedule 2 (management activities)

Amendment of Schedule 2 (management activities)

7. In Schedule 2 (management activities)–

(a) in item 7 d for “twice” substitute “three times”;

(b) in item 7 e for “twice yearly treatments” substitute “three treatments a year”;

(c) in item 8 in column 2 (site requirements) for “Eligible arable land and improved grassland not eligible for Arable Aid Area payments” substitute “Arable land and improved grassland”;

(d) in item 8 c after “possible” insert “and must be seed of at least UK stock”;

(e) in item 13 in column 2 (site requirements) for “Eligible arable” substitute “Arable”;

(f) in item 13 b after “for” insert “at least”;

(g) in item 14 a in column 3 (management requirements) after “Ministers;” insert “or where the particular conservation interest of the site would not be met by the above approach, a livestock management and grazing regime should be set out in a grazing plan to be agreed with the Scottish Ministers”;

(h) in item 14 b in column 2 (site requirements) omit “a minimum overall width of 6 metres”;

(i) in item 14 c in column 2 (site requirements) omit “on any one side”;

(j) in item 14 f omit “and” where it occurs the second time;

(k) after item 14 g insert–

“; and

(h)

(h) where an alternative management regime is proposed, evidence to support its adoption must accompany the application, for example a letter of support from, or a reference to advisory material produced by, a recognised conservation organisation.”;

(l) in item 17 in column 2 (site requirements) for “environmental” substitute “conservation” and for “an overgrazing problem identified under the livestock subsidy schemes” substitute “any identified overgrazing problem”;

(m) in item 19 d for “twice” substitute “three times”;

(n) in item 19 e for “twice yearly treatments” substitute “three treatments a year”;

(o) in item 20 e after “Grazing” insert “or topping”;

(p) in item 28 omit item 28 b, c, d, and e and insert–

“b.

Where the particular conservation interest of the site would not be met by either of the above approaches, a livestock management and grazing regime should be set out in a grazing plan to be agreed with the Scottish Ministers;

c.

Standing dead timber must not be felled and dead timber must be left in the woodland;

d.

Individual young trees must be provided with tree shelters where necessary;

e.

Rhododendron growth must be controlled;

f.

Non native tree species must be removed where these are detrimental to the character of the woodland and it is practical to do so. Any regrowth from the...

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