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Scottish Statutory Instrument 2001 No. 300
The Rural Stewardship Scheme (Scotland)
Regulations 2001
© Crown Copyright 2001
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SCOTTISH STATUTORY INSTRUMENTS
2001 No. 300
AGRICULTURE
The Rural Stewardship Scheme (Scotland) Regulations
2001
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Made |
7th September 2001 |
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Laid before the Scottish
Parliament |
7th September 2001 |
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Coming into force |
28th September 2001 |
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INDEX
The Scottish Ministers, in
exercise of the powers conferred by section 2(2) of the European
Communities Act 1972[1]
and section 98(1) and (2) of the Environment Act 1995[2]
and of all other powers enabling them in that behalf, hereby make the
following Regulations:
Citation, commencement and
extent 1.
- (1) These Regulations may be cited as the Rural Stewardship
Scheme (Scotland) Regulations 2001 and shall come into force on 28th
September 2001.
(2) These Regulations
extend to Scotland
only.
Interpretation 2. - (1) In these Regulations-
"1991 Act" means the Agricultural Holdings (Scotland) Act 1991[3];
"activities" means the activities referred to in regulation 3(3) and
"activity" shall be construed accordingly;
"agriculture" includes horticulture, fruit growing, seed growing,
dairy farming, livestock breeding or keeping, the use of land as grazing
land, meadowland, osier land, reed beds, market gardens and nursery
grounds;
"applicant" means a person who has made an application for aid under
these Regulations and in regulations 11 to 14 includes a person whose
application for aid has been accepted and a person who takes on an
undertaking on a change of occupation as provided in regulation 10;
"application for aid" means an application for aid under these
Regulations;
"authorised person" means a person who is authorised by the Scottish
Ministers, either generally or specifically, to act in relation to
matters arising under these Regulations;
"Commission Regulation" means Commission Regulation (EC) No.
1750/1999/[4],
(as amended by Commission Regulation (EC) No. 2075/2000[5]),
laying down detailed rules for the application of the Council
Regulation;
"Council Regulation" means Council Regulation (EC) No. 1257/1999[6]
on support for rural development from the European Agricultural Guidance
and Guarantee Fund;
"eligible land" means land which is used for agriculture;
"environmental audit" means a report of a survey of eligible land
which identifies the extent and location of features of environmental
interest (including flora and fauna, landscape and water features and
features of archaeological interest), the opportunities for enhancement
of such features and a written statement which outlines proposals (if
any) for the management of eligible land, including permanent grassland
and waste management;
"grazings committee" means a committee appointed under section 47(1)
or (3) of the Crofters (Scotland) Act 1993[7]
and includes a grazings constable;
(a) in the case of an agricultural holding to which the 1991 Act
applies, the landlord within the meaning of section 85 of that
Act;
(b) in the case of a croft within the meaning of the
Crofters (Scotland) Act 1993, the landlord within the meaning of section
61(1) of that Act;
(c) in the case of a holding within the
meaning of the Small Landholders (Scotland) Act 1911[8]
to which the 1991 Act does not apply, the same as it means in the 1911
Act,
and, where appropriate, includes a head tenant;
"moorland" means land with predominantly semi-natural upland
vegetation or comprising predominantly rock outcrops and semi-natural
upland vegetation used primarily for rough grazing;
"relevant period" means a period of not less than 5 years;
(a) in the case of an agricultural holding to which the 1991 Act
applies, the tenant within the meaning of section 85 of that
Act;
(b) in the case of a croft within the meaning of the
Crofters (Scotland) Act 1993, the crofter within the meaning of section
3(3) of that Act;
(c) in the case of a holding within the meaning
of the Small Landholders (Scotland) Act 1911 to which the 1991 Act does
not apply, the tenant within the meaning of section 2(2) of the 1911
Act,
and, where appropriate, includes a sub-tenant;
"undertaking" means an undertaking mentioned in regulation 3(2).
(2) A reference in these Regulations to
anything done in writing or produced in written form includes a reference
to an electronic communication, as defined in the Electronic
Communications Act 2000[9]
which has been recorded and is consequently capable of being
reproduced.
(3) Any reference in these
Regulations to a numbered regulation or numbered Schedule, shall be
construed as a reference to the regulation or Schedule so numbered in
these Regulations.
(4) Any reference in
these Regulations to a numbered paragraph, shall be construed as a
reference to the paragraph so numbered in the regulation in which the
reference occurs.
(5) Words and phrases
used in Schedules 1 to 4 and not defined in paragraph (1) shall be
construed in accordance with Schedule 5.
Payments of aid to
enhance the environment 3. - (1) Subject to the provisions of these
Regulations, the Scottish Ministers may make payments of aid in respect of
an undertaking to which these Regulations apply, to an applicant
who-
(a) is the owner or tenant of the eligible land to which such
undertaking relates and is in lawful occupation of that land;
and
(b) has made an application for aid which has been accepted
by the Scottish Ministers.
(2) These Regulations apply to an undertaking
in writing by the applicant, for the relevant period-
(a) to comply with, in relation to the whole of the eligible land to
which the undertaking relates, the general environmental requirements
set out in Part I and Part II of Schedule 1; and
(b) to carry
out, or as the case may be, to carry out and maintain, at least one of
the activities referred to in paragraph (3).
(3) The activities mentioned in paragraph (2)
are-
(a) the management activities set out in column 1 of Schedule 2 to
be undertaken on any part of the eligible land to which the undertaking
relates in accordance with the requirements specified in column 2 and
column 3 of that Schedule in relation to that activity; and
(b)
the capital activities set out in column 1 of Schedule 3 to be
undertaken and maintained on any part of the eligible land to which the
undertaking relates in accordance with the requirements specified in
column 2 of that Schedule in relation to that activity.
(4) The Scottish Ministers may contribute
towards the cost of preparing an environmental audit and a moorland
management plan included in an application for aid where such audit and,
as the case may be, such plan have been prepared in accordance with any
requirements made by the Scottish Ministers as to the form or content of
such audit or plan.
Applications for
aid 4. - (1)
An application for aid shall be made in writing at such time and in such
form and shall contain such information as the Scottish Ministers may
require.
(2) An application for aid under
paragraph (1) shall include-
(a) a copy of an environmental audit carried out in relation to the
eligible land to which the application relates;
(b) a map which
shows all of that land and which identifies all flora and fauna,
landscape and water features and archaeological features;
(c) a
map which shows any flora and fauna, landscape and water features and
archaeological features relevant to the activities which the applicant
proposes to undertake;
(d) a description of those activities and
the flora and fauna which are expected to benefit;
(e) where the
environmental audit identifies moorland which would benefit from
management and the applicant proposes to undertake any activities to
benefit all or any part of the identified moorland, a moorland
management plan for the relevant period in relation to all or any part
of the identified moorland;
(f) an estimate of the aid to be
sought for such activities for each year of the proposed
undertaking;
(g) the proposed date of commencement of the
undertaking; and
(h) where an application is made by a grazings
committee-
(i) the written consent of a majority of the crofters ordinarily
resident in the township and sharing in the common grazing the subject
of the application;
(ii) evidence that notice has been given in
accordance with regulation 5(4); and
(iii) confirmation from
the Crofters Commission that it has approved the application or, as
the case may be, has received no representation under regulation
5(5).
(3) The Scottish Ministers may at any time
suspend the operation of the scheme provided for by these Regulations and,
while so suspended, no application under paragraph (1) may be submitted to
them.
Crofters common grazings
5. - (1) Subject to paragraph (4), a grazings
committee, may with the consent of a majority of the crofters ordinarily
resident in the township and sharing in the common grazing, make an
application for aid in relation to that common
grazing.
(2) Where an undertaking is given
by a grazings committee, such undertaking shall include an obligation upon
the committee to bind their successors in office to the
undertaking.
(3) Subject to paragraph (4),
payments of aid to a grazings committee shall be made to the clerk of the
grazings committee and the clerk shall divide the aid among the eligible
crofters in such proportion as determined by the grazings
committee.
(4) Prior to making an
application, a grazings committee shall give notice of their intention to
do so and of their proposed division of the aid under paragraph (3), by
serving notice in writing of the proposals on all crofters sharing in that
common grazing.
(5) Any such crofter as is
mentioned in paragraph (4) may within one month of the date of the notice
under that paragraph make representation in respect of the proposals to
the Crofters Commission who may approve the proposals with or without
modification or reject them.
Restrictions on acceptance of
applications for aid 6.
- (1) The Scottish Ministers shall not accept an application
for aid-
(a) in relation to any eligible land which is occupied by a tenant
unless they are satisfied that the tenant has notified the landlord, and
in the case of a sub-tenant, the owner of the eligible land and the
mid-landlord, of the intention of that tenant to make an
application;
(b) if they are satisfied that the use of the land
in accordance with the proposals contained in the application would
frustrate the purposes of any assistance previously given or to be given
out of money provided by or under any statutory provision or by the
European Community;
(c) if they are satisfied that any payment
under these Regulations would duplicate any assistance previously given
or to be given out of money provided by or under any statutory provision
or by the European Community;
(d) where the applicant is
prohibited from giving the undertaking under these Regulations by
application of a penalty consequent upon Article 48(2) of the Commission
Regulation (which requires Member States to determine a system of
penalties for breaches of the obligations entered into and of regulatory
provisions applicable to the case);
(e) where the applicant is
excluded from all aid under Chapter VI of Title II of the Council
Regulation by virtue of Article 48(3) of the Commission Regulation
(which requires a person who, intentionally or by reason of serious
negligence, makes a false declaration to be excluded from all rural
development measures falling under the relevant chapter of the Council
Regulation) and the payment of aid in respect of the proposed
undertaking would include such aid.
(2) The Scottish Ministers shall not accept an
application for aid without first having agreed with the applicant the
date of commencement of the undertaking, which shall in no circumstances
be earlier than the date on which the application was
accepted.
Determination of applications for
aid 7. - (1)
The Scottish Ministers may approve (in whole or in part) or may reject an
application for aid and in determining whether an application should be so
approved or rejected, they shall have regard to-
(a) the environmental benefits expected to be derived from the
carrying out of the activities described in the application;
(b)
the aid likely to be required and how that value compares with other
applications; and
(c) the value for money which the undertaking
represents having regard to sub paragraphs (a) and (b).
(2) Approval of an application may be subject
to such conditions as the Scottish Ministers think
fit.
(3) The Scottish Ministers may vary an
approval of an application for aid as they think fit including any
conditions subject to which it was
given.
(4) Before varying an approval or
amending conditions attached to an approval in accordance with paragraph
(3) above, the Scottish Ministers shall-
(a) give to the person to whom the application has been granted
written notification of the action proposed to be taken;
(b) give
that person an opportunity to make representations about the action
proposed to be taken within such time and in such form as the Scottish
Ministers may require; and
(c) consider any such
representations.
Rates of payment 8.
- (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 in column 2 of that
Schedule.
(2) Where activities are to take
place on areas of in-bye land of 100 hectares or more, areas of rough
grazings (including moorland) of 1000 hectares or more or areas of common
grazings of 2000 hectares or more, the amount of aid payable under
regulation 8(1) shall be reduced to 80% of the amount calculated in
accordance with regulation 8(1).
(3) The
amount payable under regulation 3(4) in respect of an environmental audit
or a moorland management plan shall be determined by reference to the
rates of payment specified in column 2 of Part III of Schedule 4
corresponding to such audit or plan.
Claims and
payment 9.
- (1) A claim for aid under regulation 3(1) shall be made in
writing at such time and in such form and shall contain such information
as the Scottish Ministers may require.
(2)
Payment of aid under regulation 3(1) shall be made-
(a) in the case of a payment relating to an activity included in an
undertaking specified in column 1 of Part I of Schedule 4, by annual
instalment paid in arrear; and
(b) in the case of a payment
relating to an activity included in an undertaking specified in column 1
of Part II of Schedule 4, upon completion of the work.
(3) Payment as provided in paragraph (2) shall
be made only where the Scottish Ministers are satisfied that-
(a) the general environmental requirements set out in Part I and
Part II of Schedule 1 have been complied with during the period to the
date of payment; and
(b) the requirements set out in columns 2
and 3 of Schedule 2 and, as the case may be, the requirements set out in
column 2 of Schedule 3, in relation to that activity have been
met.
(4) Payment under regulation 3(4) shall be made
upon determination of an application for aid in accordance with regulation
7.
(5) The provisions of these Regulations
are insofar as the aid claimed includes aid under the Council Regulation,
subject to Article 37(3) of the Council Regulation and Article 31 of the
Commission Regulation (combination of aids).
Change of
occupation of land 10.
- (1) Where during the period of an undertaking, there is a
change of occupation of all or any part of the land to which that
undertaking relates, subject to the provisions of this regulation, the
Scottish Ministers shall accept an undertaking from the new
occupier.
(2) Where such a change of
occupation occurs the former occupier (or, if that occupier has died, the
occupier's executors) shall within 3 months notify the Scottish Ministers
in writing of the change of occupation, and shall supply to the Scottish
Ministers such information relating to that change in such form and within
such period as the Scottish Ministers may
determine.
(3) A new occupier of all or any
part of the land who wishes to take on the undertaking 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.
(4) A new occupier of all or any
part of the land may take on the undertaking where the Scottish Ministers
are satisfied that-
(a) the former occupier had complied with the undertaking to the
date of the change of occupation; and
(b) the new occupier is the
lawful occupier of the land and has since the date of the change of
occupation complied with the undertaking.
(5) A new occupier of all or any part of the
land or, as the case may be, the former occupier of all or any part of the
land may take on the undertaking insofar as it extends to that part of the
land which that person occupies, or as the case may be continues to
occupy, where the Scottish Ministers are satisfied that-
(a) such new occupier or, as the case may be, such former occupier
of all of the land, is the lawful occupier of the part of the land which
that person occupies and has since the date of change of occupation
complied or, as the case may be, continued to comply with the
undertaking insofar as it extends to the part of the land which that
person occupies; and
(b) it is reasonable for the occupier to do
so having regard to the activities included in the undertaking and the
part of the land which is occupied by the new occupier or, as the case
may be, continues to be occupied by the former occupier of all the
land.
(6) Where during the period of an undertaking,
an occupier increases the area of their landholding the occupier shall
comply with the general environmental requirements set out in Part I and
II of Schedule 1 as regards the increased area of landholding and, if the
occupier wishes the undertaking to also apply to the increased area of
landholding, the occupier shall submit to the Scottish Ministers an
application for aid in accordance with regulation
4.
(7) Where occupation of the land is
divided, the Scottish Ministers shall determine-
(a) the extent to which the activities included in the undertaking
relate to any part of the land occupied by a new occupier or, as the
case may be, the former occupier of all the land; and
(b) the
proportion, if any, of any payments which would be payable under
paragraph (8) for the remainder of the period of the undertaking in
respect of that part of the land.
(8) Where the Scottish Ministers are satisfied
as specified in paragraph (4), they shall, subject to regulation 8, make
payments for the remainder of the period of the undertaking to the new
occupier of the land who has taken on the
undertaking.
(9) Where the Scottish
Ministers are satisfied as to the matters specified in paragraph (5), they
shall, subject to regulation 8, make payments of such proportion, if any,
as they have determined under paragraph (7) are due for the remainder of
the period of the undertaking to the new occupier or, as the case may be,
former occupier of all the land who has taken on the
undertaking.
(10) Where within 3 months
from the date of change of occupation the undertaking has not been taken
on in accordance with paragraph (4) or, as the case may be, paragraph (5),
the Scottish Ministers may-
(a) withhold the whole or any part of any payment under these
Regulations due to the former occupier in respect of the undertaking;
and
(b) recover from the former occupier or make a claim in the
former occupier's executry, the whole or any part of any payment awarded
under these Regulations already made to that person in respect of the
undertaking.
(11) In the application of this regulation to a
common grazing "change of occupation" includes the apportionment to a
crofter of any land from the common grazing during the period of the
undertaking but does not include a change in the membership of the
grazings committee.
(12) The provisions of
this regulation are, insofar as the aid paid under these Regulations
includes aid under the Council Regulation, subject to Article 29 (transfer
of holding) and Article 30 (force majeure) of the Commission Regulation,
and where by virtue of Article 11 an applicant for aid is required to
reimburse the aid paid, in accordance with Article 48 of the Commission
Regulation, interest shall be payable thereon at the rate calculated in
accordance with that provided in regulation 15.
Powers of
authorised persons 11.
- (1) An authorised person may at all reasonable hours, on
producing, if so required, some duly authenticated document showing the
authorised person's authority, enter on any land-
(a) to which an application or undertaking relates; or
(b) on
which the authorised person has reasonable grounds to believe that
documents relating to an application or undertaking are being kept, for
any of the purposes mentioned in paragraph (2).
(2) The purposes referred to in paragraph (1)
are-
(a) inspecting the land to which the application or undertaking
relates;
(b) verifying the accuracy of any information provided
by an applicant or on the applicant's behalf, relating to an
application, a claim for aid or an undertaking; and
(c)
determining whether or not an applicant has complied with an
undertaking.
(3) An authorised person who has entered any
land under paragraph (1) may-
(a) inspect the land and any premises, plant, machinery, equipment,
document or record on it which that person reasonably believes relates
to an application, a claim for aid or an undertaking;
(b) require
the applicant, or any employee or agent of such applicant, to produce,
or secure the production of, any document or supply any additional
information in the applicant's possession or under the applicant's
control relating to an application, a claim for aid or an undertaking,
as the case may be;
(c) where any information referred to in
sub-paragraph (b) is kept by means of a computer, have access to any
computer and any associated apparatus or material which is or has been
used for storing that information and require that information to be
reproduced in a form in which it may be easily read and can be taken
away;
(d) require copies of or extracts from any such document or
other record referred to in sub-paragraphs (a) or (b) to be
produced;
(e) retain a copy of any document produced to the
authorised person;
(f) seize and retain any document or other
record which that person reasonably believes may be required as evidence
in proceedings under these Regulations; and
(g) in so far as may
be necessary for the purposes of paragraph (2)(b) or (c), inspect and
count livestock on the land and may, for this purpose, require the
applicant, or any employee or agent of such applicant, to arrange for
the collection, penning and securing of such livestock.
(4) An applicant or any employee or agent of
such applicant shall give an authorised person all reasonable assistance
in relation to the matters mentioned in paragraphs (1) and (3)
above.
(5) An authorised person entering
any land under paragraph (1) may be accompanied by-
(a) any official of the European Commission; and
(b) such
other person as the authorised person considers necessary,
and paragraphs (3) and (4) shall apply to that person when acting under
the instructions of an authorised person as they apply to an authorised
person.
(6) Paragraph (1) above shall apply
to any land used for the purposes of a dwellinghouse only where reasonable
notice of its intended exercise has been given to all residents of that
dwellinghouse.
Breaches of undertakings
etc. 12.
- (1) Subject to paragraph (2), where-
(2) For the purposes of paragraph (1)(d), a sum
duplicates such assistance if it is, or would be, paid for any of the same
purposes.
(3) Where-
(a) there is a change of occupation under regulation 10 and an
applicant has transferred all or part of the land to which an
undertaking relates to another person ("the successor");
(b) the
successor has, within three months of the date of the transfer, given
notice to the Scottish Ministers to assume the undertaking in place of
the applicant; and
(c) the Scottish Ministers have accepted that
undertaking,
the applicant shall be released from their undertaking with effect from
the date of the acceptance by the Scottish Ministers of the successor's
undertaking other than in respect of any breach or other matter occurring
before the date last mentioned.
Other cases in which recovery
etc. powers apply 13.
The Scottish Ministers may exercise the powers specified in paragraph
(1)(a) and (b) of regulation 14 where they are satisfied that-
(a) there has been a material change in the nature, scale or timing
of the activities in relation to which an undertaking has been made;
or
(b) the activities in relation to which an undertaking has
been made are delayed or are unlikely to be completed.
Powers of recovery etc. of the Scottish
Ministers 14.
- (1) The powers conferred by regulation 12(1) and 13
are-
(a) to withhold the whole or any part of the aid payable to the
applicant; and
(b) to recover on demand the whole or any part of
any aid already paid to an applicant.
(2) Where the powers specified in paragraph (1)
are exercised, further to regulation 12(1) and where in the view of the
Scottish Ministers, the conduct of the applicant was reckless or was
carried out with the intention of breaching of the requirements set out in
that paragraph, the Scottish Ministers may also require the applicant to
pay to the Scottish Ministers an additional sum equal to no more than 10%
of the aid paid or payable to the
applicant.
(3) Where the Scottish Ministers
take any step specified in paragraph (1), the Scottish Ministers may also
suspend or terminate the undertaking, and thereupon any entitlement of the
applicant to aid in respect of the unexpired period of the undertaking
shall likewise be suspended or terminated, as the case may
be.
(4) Where the Scottish Ministers
terminate an undertaking under paragraph (3), they may also prohibit the
applicant from entering into any new undertaking for such period (not
exceeding two years) from the date of the termination as the Scottish
Ministers may specify.
(5) The powers
conferred on the Scottish Ministers by paragraphs (2), (3) and (4) shall
be exercisable by a notice served on the applicant by post at his last
known address, and in paragraph (4) "specify" means specify in such
notice.
Recovery of interest
15. - (1) Where the Scottish Ministers
exercise the power conferred by regulation 14(1)(b) they may also recover
on demand interest on the sum to be recovered at a rate of interest one
per cent above the sterling three month London interbank offered rate on a
day to day basis from the date of payment until the date of
recovery.
(2) In any proceedings for
recovery under these Regulations, a certificate issued by the Scottish
Ministers stating the rate or rates of interest, the amount of such
interest recoverable and the period for which such interest is calculated,
shall unless the contrary is shown, be conclusive of those
matters.
Sums payable to the Scottish Ministers to be
recoverable as a debt 16. Where an amount falls to be paid to the Scottish Ministers
by virtue of (or by virtue of an action taken under) these Regulations,
such amount shall be recoverable as a debt.
Offences and
penalties 17.
- (1) A person is guilty of an offence if-
(a) for the purposes of obtaining any financial assistance under
these Regulations for themself or any other person, they knowingly or
recklessly make a statement which is false or misleading in any material
particular; or
(b) they intentionally obstruct an authorised
person (or a person accompanying that person and acting under that
persons instructions) in the exercise of the powers under regulation
11.
(2) A person guilty of an offence under
paragraph (1) shall be liable on summary conviction to a fine not
exceeding level 3 on the standard
scale.
(3) Proceedings for an offence under
these Regulations may be commenced within the period of six months from
the date on which the offence was
committed.
(4) Section 136(3) of the
Criminal Procedure (Scotland) Act 1995[10]
(date of commencement of proceedings) shall apply for the purposes of this
regulation as it applies for the purposes of that
section.
(5) Where an offence under
paragraph (1) is committed by a body corporate or a partnership and is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager,
secretary or similar officer of the body corporate, or any person who was
purporting to act in such a capacity (or in the case of a partnership, a
partner or a person who was purporting to act as such), that person as
well as the body corporate or the partnership, as the case may be, shall
be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
(6) Where the affairs
of a body corporate are managed by its members, paragraph (5) above shall
apply in relation to the acts and defaults of a member in connection with
the members management functions as if the member were a director of the
body corporate.
Right of appeal and consequential
amendment 18.
- (1) Where the Scottish Ministers withhold or recover any aid
under regulation 14, the applicant may seek a review of the decision by
the Scottish Ministers.
(2) The review
referred to in paragraph (1) must be applied for in accordance with the
provisions of the Agricultural Subsidies (Appeals) (Scotland) Regulations
2000[11].
(3)
The Agricultural Subsidies (Appeals) (Scotland) Regulations 2000 shall be
amended by inserting after paragraph (k) of regulation 4-
" (l) a decision by the Scottish Ministers to withhold any aid due
or recover any aid paid or require payment of a sum under the Rural
Stewardship Scheme (Scotland) Regulations 2001, in terms of those
Regulations.".
ROSS FINNIE A member of the Scottish
Executive
Pentland House, Edinburgh 7th September
2001
SCHEDULE 1Regulation 3(2)(a)
GENERAL ENVIRONMENTAL REQUIREMENTS
PART I
THE STANDARD OF GOOD FARMING
PRACTICE 1. On rough grazings,
unimproved grassland, reverted improved grassland, machair and dune
grassland, wetlands and native, amenity or semi-natural woodlands,
livestock must be managed to avoid either overgrazing or
undergrazing.
2. The removal or
clearance of drystone or flagstone dykes or walls, hedges and hedgerow
trees will not be permitted except with the prior written agreement of the
Scottish Ministers.
3. No hedge
trimming may be carried out in the period 1st March to 31st
July.
4. Scottish Natural Heritage
must be notified of any intended operations that are likely to damage any
site of special scientific interest on the
land.
5. If a new silage or slurry
storage facility is constructed on the land, the Scottish Environment
Protection Agency must be notified before it is
used.
6. Prior authorisation must
be obtained from the Scottish Environment Protection Agency before any
sheep dip is disposed of on the land.
PART II
GENERAL ENVIRONMENTAL
CONDITIONS 1. To avoid damage
to the environmental interest of rough grazings, unimproved grassland,
reverted improved grassland, machair and dune grassland, wetlands and
native, amenity or semi-natural woodlands, new drainage works, ploughing,
clearing, levelling, re-seeding or cultivating may not be undertaken.
Livestock must be managed to avoid
poaching.
2. Pesticides, lime or
fertiliser (including farmyard manure and slurry) must not be applied to
rough grazings, unimproved pasture, reverted improved grassland, machair
and dune grassland, wetlands, water margins, native, amenity or semi
natural woodlands and scrub, except in exceptional circumstances and only
with the prior written agreement of the Scottish
Ministers.
3. Injurious weeds to
which the Weeds Act 1959[12]
applies must be controlled to prevent their spread and to avoid the risk
of damage to the environmental interest of any habitat or feature on the
unit.
4. Muirburn may only be
carried out in accordance with guidance approved by the Scottish
Ministers.
5. The damage or
destruction of any of historic or archaeological features or areas must be
avoided and guidance approved by the Scottish Ministers must be followed
for the protection of such features or
areas.
6. Guidance approved by the
Scottish Ministers must be followed for the avoidance of
pollution.
SCHEDULE 2Regulation 3(3)(a)
MANAGEMENT ACTIVITIES
Column 1 |
Column 2 |
Column 3 |
Management activity |
Site requirements |
Management requirements |
1. Extensive management of mown
grassland for birds.
|
A field used for growing an extensive crop of hay or silage. |
a. The field must not be rolled, harrowed or grazed between 1st
April and 30th June or until the crop has been secured, whichever is
the later;
b. Mowing or the reintroduction of grazing must
not take place before 1st July;
c. To minimise the risk of
damage to young birds, hay and silage must be cut in accordance with
scheme guidance;
d. Artificial fertiliser must not be applied
to the field before 15th May. Farmyard manure and slurry may be
applied up to 28th February and after 15th May;
e. A strip of
uncut grass 2 metres wide must be left around the field boundary;
and
f. Pesticides and herbicides may be applied to this strip
only with the prior written agreement of the Scottish
Ministers.
|
2. Management of open grazed
grassland for birds.
|
Areas of open in-bye grassland, subject to winter grazing to
produce a short sward and with little or no tree cover around the
site. |
a. Livestock must be excluded for 6 consecutive weeks between
1st April and 15th June;
b. Harrowing or rolling must not be
carried out between 1st April and 31st July;
c. Artificial
fertiliser must not be applied to the field before 15th May.
Farmyard manure and slurry may be applied up to 28th February and
after 15th May;
d. Pesticides may be applied only with the
prior written agreement of the Scottish Ministers;
e. Topping
must not be carried out before 31st July;
f. A strip of
untopped grass 2 metres wide must be left around the field boundary;
and
g. Pesticides may be applied to this strip only with the
prior written agreement of the Scottish Ministers.
|
3. Extensive management of mown
grassland for corncrakes.
|
A field used for growing an extensive hay or silage crop which
is next to an early/late cover area managed for corncrakes or
unharvested crop managed under the scheme. |
a. The field must not be rolled, harrowed or grazed between 15th
May and 31st July;
b. Mowing must not take place prior to 1st
August;
c. To minimise the risk of injury to young birds, hay
and silage must be cut in accordance with scheme guidance. A strip
of uncut grass 2 metres wide must be left around the field boundary;
and
d. Pesticides may be applied to this strip only with the
prior written agreement of the Scottish Ministers.
|
4. Management of early and late
cover for corncrakes.
|
Reverted improved grassland or unimproved grassland on the
in-bye with clumps of tall vegetation such as iris, nettles, cow
parsley or rush. Each individual site must be at least 0.15 hectare
in size and not be more than 1 hectare subject to a maximum area per
undertaking of 5 hectares. Such sites must be adjacent to mown
grassland managed for corncrakes under this scheme. |
a. No grazing is permitted between 28th February and 30th
September, except with the prior written agreement of the Scottish
Ministers;
b. At other times grazing must not exceed 0.3
livestock units per hectare, except with the prior written agreement
of the Scottish Ministers; and
c. Cutting of the area may
only be undertaken with the prior written agreement of the Scottish
Ministers.
|
5. Management of wet grassland
for waders.
|
In-bye wet grassland. |
a.
(i) Livestock must be excluded from the site for 6 consecutive
weeks between 1st April and 15th June; or
(ii) If no
barrier exists between the site and adjoining pasture, overall
grazing levels must not exceed 1.4 livestock units per hectare for
6 consecutive weeks between 1st April and 15th June;
b. If rushes occur within the site a programme of cutting,
grazing or exceptionally, herbicide treatment to prevent the rushes
dominating the site must be agreed with the Scottish Ministers. Note
that all rushes should not be removed from the site; and
c.
Artificial fertiliser or slurry must not be applied to the site.
Farmyard manure may be applied up to 28th February and after 15th
May.
|
6. Management of species-rich
grassland.
|
Species rich unimproved grassland on in bye land or grazed
machair. |
a.
(i) The site must not be grazed or mown for 3 consecutive
months between 15th March and 15th August; or
(ii) Where
the particular environmental interest of a site would not be met
by the approach in paragraph (i) above, a livestock management and
grazing regime should be set out in a grazing plan to be agreed
with the Scottish Ministers;
b. After 15th August, the grass must be grazed down or
topped;
c. The site must not be used for supplementary
feeding of stock; and
d. Farmyard manure or lime may be
applied to the site only with the prior written agreement of the
Scottish Ministers.
|
7. Bracken eradication programme
for species rich grassland, coastal or lowland heath.
|
Species-rich grassland, unimproved grassland, coastal or lowland
heath of environmental interest and identified in the environmental
audit as bracken-invaded. |
A systematic programme of treatment and follow-up must be
carried out, where necessary using an approved herbicide, in
accordance with a bracken eradication programme (BEP) laid out in an
approved BEP management plan.
a. In year one, a detailed BEP management plan must be
prepared that incorporates a map drawn to a scale of 1:10000
showing the extent of the invasion, the areas of bracken to be
cleared over the life-time of the scheme plan, an estimate of the
percentage cover and frond density of the bracken within each area
at full frond stage (mid/late June on the west coast to early
August in the eastern Borders) and the location of any sensitive
species and habitats with appropriate buffer zones to ensure their
conservation. Where cutting is to be the means of control no
buffer zones are required but the map must show any areas with
sensitive species and habitats and where birds are known to nest
on the ground;
b. As soon as the detailed BEP management
plan has been prepared, the applicant or contractor must complete
and submit the standard multi-agency application form (with a copy
of the BEP management plan scale map showing the area(s) to be
treated) to the Scottish Environment Protection Agency, Scottish
Natural Heritage and the Local Authority environmental services
department. The consultees must then be allowed a minimum of 15
working days to consider and respond to the application for
consent;
c. The applicant must then submit the letters of
consent and the final version of the BEP management plan to the
Scottish Ministers as part of their claim for the first year's BEP
management payment;
d. In year two (or exceptionally in
year one if all the requirements detailed in paragraphs (a), (b)
and (c) above have been met), the applicant or contractor must
carry out primary treatment involving the treatment of dense
bracken with an approved herbicide using an appropriate method or
by cutting twice during the growing season. It is the applicant's
responsibility to ensure that the required prior notice is given
to all appropriate consultees in advance of any aerial spraying
and that the contractor is provided with a copy of the map to
ensure that the treatment is carried out in accordance with the
BEP management plan; and
e. Follow-up action may be
necessary involving repeated annual treatment to clear any bracken
re-growth. Where chemical control is used, this normally requires
a spot-treatment approach. Where cutting is the means of control,
the programme of twice yearly treatments must continue for the
duration of the BEP management plan.
|
8. Creation and management of
species rich grassland.
|
Eligible arable land. |
a. Any existing grassland cover must be destroyed;
b. A
programme agreed with the Scottish Ministers to establish a new
sward must be implemented. This may include measures to reduce
fertility and address weed problems;
c. The site must be sown
with a low productivity grass and herb mix agreed with the Scottish
Ministers to create a new sward. Seed of local provenance must be
used wherever possible;
d. Except during years one to three,
the site must not be mown or grazed between 15th April and 15th
August. During years one to three on fertile sites, mowing, with
disposal of cuttings may be required. In such cases, mowing may be
permitted after 1st July with the prior written agreement of the
Scottish Ministers;
e. After 15th August, the grass must be
grazed down or topped;
f. The site must not be used as a site
for supplementary feeding of stock;
g. Fertiliser, slurry or
farmyard manure must not be applied to the site; and
h.
Pesticides may be applied only with the prior written agreement of
the Scottish Ministers.
|
9. Management of coastal
heath.
|
Unimproved land bordering the sea containing characteristic
moorland or species rich grassland vegetation dependent on salt
spray or exposure. |
a. Livestock must be excluded between 1st April and 31st
August;
b. The site must be grazed between 1st September and
30th November at a level sufficient only to remove rank growth and
lightly crop any dwarf shrubs. In any event grazing must not exceed
1.2 livestock units per hectare;
c. Between 1st December and
31st March any grazing is optional, but it must not exceed 0.15
livestock units per hectare except with the prior written agreement
of the Scottish Ministers;
d. The site must not be burnt
except with the prior written agreement of the Scottish Ministers;
and
e. Fertiliser, slurry or farmyard manure must not be
applied to the site.
|
10. Management of lowland
heath.
|
An area of lowland heath. |
a. Bracken and scrub must be controlled so that cover does not
exceed a total of 5%;
b. Livestock must be excluded between
1st November and 28th February; and
c. At other times grazing
levels must not exceed 0.3 livestock units per
hectare.
|
11. Management of
wetland.
|
Wetland on in-bye land (including salt marsh and reed beds). |
a.
(i) Livestock must be excluded from the site for 4 consecutive
months between 1st April and 31st August; or
(ii) Livestock
must be excluded from 1st April to 30th June and grazing in the
period from 1st July to 30th September must not exceed 0.3
livestock units per hectare; or
(iii) Where the particular
environmental interest of the site would not be met by the
approach in either paragraph (i) or (ii) above, a livestock
management and grazing regime must be set out in a grazing plan to
be agreed with the Scottish Ministers;
b. The environmental audit must include a statement outlining the
method of control of rank vegetation growth;
c. Grazing or
mowing must be carried out in accordance with a plan agreed with the
Scottish Ministers; and
d. No supplementary feeding may occur
on the site.
|
12. Management of lowland raised
bogs.
|
An area of lowland raised bog - an isolated peat deposit over 1
metre thick that is surrounded by non-peat soils. |
A management plan must be prepared which may include the
following requirements, as appropriate-
a. The blocking of existing ditches at intervals so as to
raise or maintain the water table at or just below the surface of
the vegetation (to prevent flooding of sites);
b. The
clearing of scrub and prevention of re colonisation;
c. An
agreement not to graze with cattle at any time;
d. An
agreement to exclude other livestock from 1st November to 28th
February;
e. An agreement not to stock at over 0.05
livestock units per hectare except with the prior written
agreement of the Scottish Ministers;
f. An agreement not to
undertake any supplementary feeding on the site;
g. An
agreement that no peat cutting will be carried out without the
prior written agreement of the Scottish Ministers; and
h.
An agreement that no muirburn will be carried out on the
site.
|
13. Creation and management of
wetland.
|
Eligible arable land or improved grassland where the raised
water levels resulting from creation of wetland would not adversely
affect other land or cause the erosion of river banks or be liable
to cause damage to archaeology. |
a. The site must be managed to ensure that it is normally
saturated with water for a significant proportion of the
year;
b. The site must not be mown or grazed for 3
consecutive months between 15th April and 15th August, after which
rank growth must be controlled. On fertile sites, where practicable,
mowing, with disposal of cuttings may be allowed between these dates
with the prior written agreement of the Scottish
Ministers;
c. Fertiliser including slurry or farmyard manure
must not be applied to the site;
d. Pesticides may be applied
only with the prior written agreement of the Scottish Ministers;
and
e. No supplementary feeding may occur on the
site.
|
14. Management of water
margin.
|
In-bye land which borders still water or a watercourse having a
bed width of not less than 0.6 metres and which -
a. in the case of a site bordering still water, has a minimum
width of 12 metres and a maximum width of 24 metres;
b. in
the case of a site bordering a watercourse with a bed width of
less than 1.2 metres, has a minimum continuous width of 5 times
the bed width of the watercourse, a minimum overall width of 6
metres and a maximum width of 12 metres; and
c. in the case
of a site bordering a watercourse with a bed width equal to or
greater than 1.2 metres, has a minimum width of 6 metres and a
maximum width of 12 metres on any one side.
|
a. Livestock must normally be excluded. Exceptionally
livestock grazing at no more than 0.6 livestock units per hectare
may be permitted in September and October with the prior written
agreement of the Scottish Ministers;
b. Where trees exist
or are to be planted within a water margin, care must be taken to
ensure that there will be no excessive shading of the
water;
c. The site must be maintained by the control of
statutory weeds, giant hogweed and Japanese knotweed and, as the
case may be, by clearing the watercourse of any
obstacle;
d. Fertiliser including slurry or farmyard manure
must not be applied to the site;
e. Pesticides may be
applied with the prior written agreement of the Scottish
Ministers;
f. Mowing of the site may be permitted with the
prior written agreement of the Scottish Ministers and where
necessary to control rank vegetation of low environmental value;
and
g. No supplementary feeding may occur on the
site.
|
15. Management of flood
plain.
|
A site that forms all or part of a flood plain where-
a. part or parts of the flood plain are included in the
agri-environment undertaking as the site of another management
activity; and
b. the flooding of the site would not
adversely affect other agricultural land.
|
a. The natural flooding of the land must not be
hindered;
b. Cultivation must not be carried out within 12
mean metres of the water's edge (mean summer water level);
and
c. Additional management specific to each site must be
agreed with the Scottish Ministers.
|
16. Moorland
management.
|
A distinct block of moorland over which it is practical to
implement a management programme. |
To carry out a suite of additional management practices as laid
out in a moorland management plan, including shepherding, stock
management and feeding practices to benefit the stated environmental
interest. |
17. Stock disposal.
|
Moorland which is of environmental interest and would benefit
from a reduced stocking density beyond the reduction required to
rectify an overgrazing problem identified under the livestock
subsidy schemes. |
a. The requirements of the moorland management plan must be
followed;
b. An agreed number of ewes must be removed from
the site. Ewe numbers in the IACS business must be reduced by at
least the number of ewes removed from the site in accordance with
the moorland management plan and must not be increased on that site
for the relevant period; and
c. The agreed number of ewes to
be removed must not be more than a number equivalent to 250 hectares
of moorland. For the purposes of the scheme, the removal of one ewe
is deemed to benefit 0.8 hectare of moorland.
|
18. Muirburn and heather
swiping.
|
Moorland identified in a moorland management plan as appropriate
for muirburn or a swiping programme. |
All muirburn must be undertaken in accordance with guidance
approved by the Scottish Ministers. |
19. Bracken eradication
programme for moorland.
|
Moorland of environmental interest and identified in the
moorland management plan as bracken invaded. |
A systematic programme of treatment and follow-up must be
carried out, where necessary using an approved herbicide, in
accordance with a bracken eradication programme laid out in an
approved BEP management plan.
a. In year one, a detailed BEP management plan must be
prepared that incorporates a map drawn to a scale of 1:10000
showing the extent of the invasion, the areas of bracken to be
cleared over the life-time of the scheme plan, an estimate of the
percentage cover and frond density of the bracken within each area
at full frond stage (mid/late June on the west coast to early
August in the eastern Borders) and the location of any sensitive
species and habitats with appropriate buffer zones to ensure their
conservation. Where cutting is to be the means of control no
buffer zones are required but the map must show any areas with
sensitive species and habitats and where birds are known to nest
on the ground;
b. As soon as the detailed BEP management
plan has been prepared the applicant or contractor must complete
and submit the standard multi-agency application form (with a copy
of the BEP management plan scale map showing the area(s) to be
treated) to the Scottish Ministers, the Scottish Environment
Protection Agency, Scottish Natural Heritage and the Local
Authority environmental services department. The consultees must
then be allowed a minimum of 15 working days to consider and
respond to the application for consent;
c. The applicant
must then submit the letters of consent and the final version of
the BEP management plan to the Scottish Ministers as part of their
claim for the first year's BEP management payment;
d. In
year two (or exceptionally in year one if all the requirements
detailed in paragraphs (a), (b) and (c) above have been met), the
applicant or contractor must carry out primary treatment involving
the treatment of dense bracken with an approved herbicide using an
appropriate method or by cutting twice during the growing season.
It is the applicant's responsibility to ensure that the required
prior notice is given to all appropriate consultees in advance of
any aerial spraying and that the contractor is provided with a
copy of the map to ensure that the treatment is carried out in
accordance with the BEP management plan; and
e. Follow-up
action may be necessary involving repeated annual treatment to
clear any bracken re-growth. Where chemical control is used this
normally requires a spot-treatment approach. Where cutting is the
means of control, the programme of twice yearly treatments must
continue for the duration of the BEP management
plan.
|
20. Management of grass margin
or beetlebank in arable fields.
|
Land forming a strip between 1.5 metres and 6 metres in width
around or across arable fields. |
a. On bare land the strip must be established by sowing a
suitable mix of grass seed;
b. Fertiliser, slurry or farmyard
manure must not be applied to the strips;
c. Scrub control
and the use of pesticides is permitted only with the prior written
agreement of the Scottish Ministers;
d. A sterile strip up to
0.5 metres in width may be created and maintained by rotovation and
herbicide along the inner edge of the grass margin to provide young
birds with an area on which to dry out and also to act as a buffer
preventing the spread of weeds from the grass margin into the
crop;
e. Grazing of the grass margin or beetlebank after
harvest is permitted provided the average height of vegetation in
the strip is not taken below 100 millimetres; and
f. The
transfer of a beetlebank or grass margin to another field may only
be carried out once during the five year cycle of the
scheme.
|
21. Management of conservation
headlands.
|
Headlands with a minimum width of 6 metres around arable fields
on which cereal, linseed, oilseed or protein crops are being grown.
Sites adjoining fields where the cereal is to be harvested for
arable silage before the grain is ripe are not eligible. |
a. Herbicides and insecticides may be applied to the headlands
only with the prior written agreement of the Scottish Ministers;
and
b. To receive the Premium Payment there must be no
application of nitrogenous fertiliser to the headland.
|
22. Management of extended
hedges.
|
A strip of arable or improved grassland situated alongside an
existing or newly created hedge. |
a. All livestock must be excluded and no arable cultivation may
be carried out within a strip extending to at least 3 metres and up
to 6 metres from the centre line of the hedge;
b. When the
hedge is trimmed it must not be trimmed again for at least three
years. Hedges may only be trimmed between 1st December and 1st
March;
c. The grass in the strip may be cut only with the
prior written agreement of the Scottish Ministers;
d.
Fertiliser, slurry or farmyard manure must not be applied to the
site;
e. Pesticides may be applied only with the prior
written agreement of the Scottish Ministers;
f. The creation
of an extended hedge must be undertaken at the relevant time during
the first year of participation in the scheme and must be maintained
and managed for a period of not less than five years; and
g.
Where only one side of the hedgerow is managed under this
prescription, for example, a roadside hedge, the other side must be
trimmed no more frequently than once a year and only between 1st
December and 1st March.
|
23. Management of
hedgerows.
|
Established or beaten up hedge. |
a. Any gaps in the hedgerow must be filled by coppicing, laying
or planting;
b. It must be trimmed no more frequently than
every third year. Hedges may only be trimmed between 1st December
and 1st March;
c. Pesticides must not be applied to the
bottom of an established hedge. Spot treatment of weeds within 1
metre of any new hedge planting may be carried out using an approved
herbicide but only with the prior written agreement of the Scottish
Ministers;
d. The hedge bottom must not be mown;
e.
Where a fence is required, it should be sited at least 1 metre from
the centre line of the hedge; and
f. Both sides of a hedgerow
require to be managed under the management of hedgerows option, i.e.
a 2 metre strip will be managed 1 metre on either side of the centre
line.
|
24. Introduction or retention of
extensive cropping.
|
A site comprising arable land or improved grassland in the Less
Favoured Areas which does not exceed 4 hectares and subject to a
maximum area per undertaking of 8 hectares. |
a.
(i) Ploughing, cultivation and the spreading of fertiliser may
only take place between 28th February and 15th May (or such other
date as may be specified under the Arable Area Payments
Regulations 1996[13]).
Exceptionally, for root crops, cultivation may be carried out
after 15th May. Any nests located must be marked and avoided;
or
(ii) If fodder rape or a similar crop is grown,
cultivation may take place later in the year to establish the
crop. Following cropping the area must not be ploughed or
cultivated before 31st May in the following year;
b. Pesticides may be applied only with the prior written
agreement of the Scottish Ministers. The maximum allowance of
compound fertiliser is 250 kilogrammes per hectare per annum;
and
c. Premium Payment
The management regime outlined
at paragraph (a) or (b) above must be applied on the same site for a
period of at least three years. In the final year of this arable
rotation the cereal crop must be undersown with grass. The undersown
crop will be subject to the usual management which must be
maintained throughout the following season. If rolling of the grass
crop is necessary, this must be carried out before 15th March. The
undersown crop may be grazed or cut for hay or
silage.
|
25. Management of cropped
machair.
|
Previously cropped machair which is brought into the required
crop/fallow rotation in the first, second or third year of
participation in the scheme by the sowing of a spring crop and has
been subject to cultivation within the last 10 years. |
a. The site must be included in an arable rotation, comprise at
least 15% of the ploughable area of the machair and be sown to an
arable crop or left fallow;
b. After the arable crop has been
harvested, the site must be left fallow to revert to natural
grassland for a minimum of two and a maximum of three
years;
c. Ploughing and cultivation may only take place
between 28th February and 15th May;
d. Ploughing depth must
not exceed 100 millimetres;
e. Pesticides may be applied only
with the prior written agreement of the Scottish Ministers;
and
f. Seaweed and farmyard manure may be applied in
accordance with traditional practice.
|
26. Unharvested
crops.
|
Arable or improved grassland in plots of up to 1 hectare in size
and totalling no more than 4 hectares over the whole unit. |
a. In spring a cereal-based mixture must be sown, including at
least one legume species (other crops, e.g. linseed and brassicas
may be included in the mixture) and the area must not be ploughed
down until after 15th March the following year;
b.
Alternatively, a mixture of at least two crops must be sown, one of
which must seed in the first year and one in the second. The area
must be ploughed in after 15th March following the last seeding
year; and
c. No pesticides may be applied.
|
27. Management of scrub
(including tall herb communities).
|
Grazed land with suppressed scrub or tall herb communities. |
a. Grazing is not permitted except with the prior written
agreement of the Scottish Ministers. Such agreement will only be
given in circumstances which encourage the regeneration of woodland
or understorey and is not likely to be given more than once every
three years;
b. Rhododendron growth must be controlled;
and
c. The cutting of understorey vegetation must be
avoided.
|
28. Management of native or semi
natural woodland.
|
Existing native or semi natural woodland (where Forestry
Commission assistance is not appropriate to the site). |
a. Grazing is not permitted except with the prior written
agreement of the Scottish Ministers. Such agreement will only be
given in circumstances which encourage the regeneration of woodland
or understorey and is not likely to be given more than once every
three years;
b. Standing dead timber must not be felled and
dead timber must be left in the woodland;
c. Individual young
trees must be provided with tree shelters where necessary;
d.
Rhododendron growth must be controlled; and
e. 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 stumps must be suitably controlled in future
years.
|
29. Management of a site of
archaeological or historic interest.
|
Land containing a site of archaeological or historic
interest. |
a. The management of the site must be agreed in advance with the
Scottish Ministers and may include, as appropriate, controls over
grazing, the cutting and removal of trees scrub and woody plants,
the repair of erosion damage, the destruction and subsequent control
of rabbits, the establishment of unploughed buffer zones, the
realignment of fences or tracks, the re siting of hard standings or
feeding sites and the restoration of and care for old orchard trees;
or
b. For areas containing archaeological sites revealed only
by crop marks, the site with a minimum 10 metre buffer zone beyond
the visible remains must be taken out of cropping and sown to grass.
The management of the site must be agreed in advance with the
Scottish Ministers. When establishing the sward, the ploughing depth
must not exceed 100 millimetres.
|
30. Conservation management plan
with special measures for small units.
|
Units up to 10 hectares of in bye on entry to the scheme and any
apportionments but excluding any share in the common grazings. |
Implementation of a detailed conservation management plan for
the whole unit (i.e. entire in bye and any apportionments). The plan
must-
a. set out clear environmental objectives;
b. explain
the management to be undertaken to achieve these objectives by
addressing all areas of activity on the unit (i.e. grazing
management, winter feed production, cropping, stock management,
management of special habitats/features etc., including a
Biodiversity Action Plan habitats and species and pollution
control); and
c. To qualify for the Premium Payment the
application must be one of at least four current applications to
adopt this option from the same crofting
community.
|
31. Retention or introduction of
cattle of native or traditional breed(s).
|
Units up to 10 hectares on entry to the scheme together with any
apportionments but excluding any share in the common grazings. The
unit must be participating in the management prescription,
conservation management plan with special measures for small
units. |
a. The unit must support two or more breeding cows of
traditional or native breed(s) on entry into the scheme and continue
to do so for the lifetime of the agreement;
b. Premium
Payment
Where no breeding cows are present or the existing
herd has only one or no dams of either purebred or first cross
native or traditional stock, two or more breeding cows of
traditional or native breed(s) must be run on the unit by the end of
the first plan year;
c. The number of sheep on the unit must
be reduced to ensure no increase in overall stocking
density.
|
SCHEDULE 3Regulation 3(3)(b)
CAPITAL ACTIVITIES
Column 1 |
Column 2 |
Capital activity |
Requirements |
1. Bracken eradication - primary
treatment is required in the first or second year of a bracken
eradication programme (BEP) on any area of land identified in a BEP
management plan, with Scottish Natural Heritage approved
map.
|
a. Primary treatment by chemical means must be carried out at
the full frond stage in the second (or exceptionally first) year of
a five year BEP by application of herbicide approved by the Scottish
Ministers for this purpose;
b. Primary treatment by
mechanical means shall be by cutting twice during the first year of
a five year BEP. If cutting is the method adopted, the programme of
twice yearly treatments shall continue for the duration of the BEP;
and
c. Aerial spraying may be carried out only with the prior
written agreement of Scottish Natural Heritage, the Scottish
Environment Protection Agency and any other appropriate consultees
having regard to required periods of notice.
|
2. Rhododendron
control.
|
Rhododendron control must be carried out by cutting or
mechanical destruction. |
3. Erection of-
(a) a stock fence;
(b) gate and posts;
(c) a
single stile; or
(d) a double stile.
|
a. The construction and all materials must conform to the
appropriate British Standards;
b. Except as otherwise
provided, fence posts must be placed at intervals of no more than
3.5 metres or 12 metres where high tensile wire and droppers are
used;
c. Except as otherwise provided, a fence must have a
minimum of 6 line wires or 2 line wires and woven wire netting;
and
d. Where fences are erected to enhance hedgerows they
must be sited at least 1 metre from the centre line of the
hedge.
|
3
(e). Conversion of a stock fence to a deer
fence.
|
The conversion of an existing stock fence to a deer fence must
have new strainers erected and full length stobs driven in every 12
metres and droppers on the top of the fence every 2 metres as well
as the existing stobs. |
3
(f). Erection of a scare or temporary fence or rabbit proof
netting.
|
a. A scare fence must consist of a minimum of 2 line wires with
post at intervals of not more than 6 metres;
b. Rabbit
proofing shall be carried out with galvanised wire netting. The
netting must not be less than 1.05 metres wide British Standards
designation 18 and have a mesh no larger than 31 millimetres. The
top edge of the netting must not be less than 0.9 metres above
ground level;
c. The netting shall be fastened to the fencing
and the bottom edge of the netting must be buried in the ground to a
suitable depth or turned outward and anchored; and
d. All
gates in rabbit proofed fences must also be rabbit
proofed.
|
3
(g). Erection of a deer fence.
|
Deer fences must not be less than 1.8 metres high and have a
minimum of 3 line wires and woven netting with stobs at no more than
3.5 metre intervals and 12 metre intervals with droppers every 2
metres for high tensile wire. |
3
(h). Erection of a deer fence marked to reduce bird
collision.
|
a. Erect fence in accordance with specification at 3(g);
and
b. In areas where black grouse and capercaillie occur, to
make the fence more visible and thus reduce the number of
collisions, a double strip of orange barrier netting must be used,
each strip being approximately 45 centimetres in width. Both strips
must be secured with pig rings/wire twists at intervals of circa. 30
centimetres on the upper and lower edges. The top of the upper strip
should reach the top strand of the fence. The top of the lower strip
must reach the middle strand of the fence. Alternative fence marking
designs will require the prior written agreement of the Scottish
Ministers.
|
3
(i). Dismantling of a deer fence to remove a cause of bird
death and injury by collision.
|
All wires must be removed from posts and coiled/rolled. The wire
must be removed from the site and taken to a recognised disposal
site. Posts may be left lying along the old fenceline. |
3
(j). Erection of a post and rail fence as a tree guard or a
water gate.
|
A post and rail fence erected as a tree guard or a water gate
must have posts no more than 3 metres apart and 4 rails (70
millimetres x 20 millimetres). |
3
(k). Erection of suitable fencing to trap blowing sand and in
fill previously eroded dune areas.
|
Fencing must be fixed at right angles to the prevailing wind
direction and constructed of posts and rails with posts no more than
3 metres apart and 4 rails (70 millimetres x 20 millimetres). |
4. Building or restoration of
traditional drystone or flagstone dykes or walls.
|
Drystone or flagstone dykes or walls must be rebuilt with
material traditional to the locality and to a standard normally
found there. |
5. Native species tree planting
on a site no more than 0.25 hectare and including individual trees
in hedgerows and along water margins or around the margin of a pond
created or restored under the scheme.
|
a. Planting density must not exceed one tree per 10 square
metres; and
b. Native species appropriate to the site must be
planted.
|
6. Installation of tree guards
and stakes or self-supporting tree guards required to protect
amenity or native species tree and hedge planting.
|
The tree guards and stakes or the self-supporting tree guards
must be securely fixed to protect newly planted material from damage
by rodents and grazing animals. |
7. Planting of marram grass into
areas threatened with erosion.
|
a. Transplants must be harvested from areas where marram is well
established and there is little danger from erosion;
b.
Plants must be established at a density of at least 9 plants per
square metre; and
c. Planting must take place in late spring
or autumn.
|
8. Installation of a water
trough required because the management of a water margin will result
in stock being denied access to traditional watering
points.
|
a. The water trough must be a purpose made item and incorporate
a ballcock to shut off the water supply; and
b. The trough
must be permanently mounted on a durable base and a stopcock must be
provided to control the water supply.
|
9. Planting, replanting,
coppicing or laying of a hedge to benefit a field
boundary.
|
a. Where new hedging or gapping up of existing hedges is
undertaken, plants must be established in a double row with a
minimum of 6 plants per metre; and
b. A single species must
not account for more than 75% of the plants
established.
|
10. Replanting, coppicing or
laying of a hedge in a designed landscape.
|
a. Where planting or gapping is required, plants must be
established in a double row with a minimum of 6 plants per metre;
and
b. Species selected for the replanting or gapping up must
already be present within the existing hedge.
|
11. Creation or restoration of
pond.
|
a. Any existing environmental interest must not be
damaged;
b. The site must be capable of retaining
water;
c. There must be an adequate water supply;
and
d. Any outfall must be properly constructed. The last
length of the buried pipe must be solid and frost-proof. The outfall
must be at least 150 millimetres above normal discharge channel
water level. The last 2 metres of buried pipe must be sealed with
well rammed soil to avoid water flow outside the pipe. Headstones of
cemented stones or bricks or purpose built installations will be
needed to stabilise the bank and to keep the pipe in position. Drip
stones or concrete aprons may be needed to prevent erosion of the
discharge panel.
|
12. Sowing of species rich
grass.
|
a. Any existing sward should first be destroyed by cultivation
or herbicide treatment; and
b. A mixture consisting of no
more than 85% fined leafed or non-aggressive grasses and at least
15% mixed native flowers must be sown.
|
Additional items for designed landscapes only- |
|
13. Restoration of parkland gate
piers.
|
Parkland gate piers must be rebuilt with material traditional to
the area and to a standard and design in keeping with the original
design. |
14. Amenity tree
planting.
|
The trees must be standard or semi-standard. Exotic species may
be planted, where appropriate. |
15. Wooden post and rail fencing
or metal tree guards to protect parkland trees.
|
Wooden post and three rail fencing must not be less than 1.1
metres high with rails of at least 38 millimetres x 87 millimetres
sawn timber and posts not exceeding 1.8 metres apart. Metal guards
must be 1.1 metres high and painted to match existing guards. |
16. Restoration of drystone or
flagstone or walls and ha-has.
|
Drystone or flagstone dykes or walls and ha-has must be rebuilt
with materials and workmanship in keeping with the original
design. |
SCHEDULE 4Regulation 8(1)
RATES OF PAYMENT FOR ACTIVITIES
PART I
MANAGEMENT ACTIVITIES
Column 1 |
Column 2 |
Activity |
Rates of payment |
1.1 Extensive management of mown
grassland for birds.
|
£150 per hectare. |
1.2 Management of open grazed
grasslands for birds.
|
£100 per hectare. |
1.3 Extensive management of mown
grassland for corncrakes.
|
£190 per hectare. |
1.4 Management of early and late
cover for corncrakes.
|
£160 per hectare. |
1.5 Management of wet grassland
for waders.
|
£100 per hectare. |
2.1 Management of species-rich
grassland.
|
£100 per hectare. |
2.2 Bracken eradication
programme.
|
£25 per hectare for area of species-rich grassland identified
for bracken eradication. |
2.3 Creation and management of
species-rich grassland.
|
£250 per hectare. |
2.4 Management of coastal
heath.
|
£80 per hectare. |
2.5 Management of lowland
heath.
|
£115 per hectare. |
3.1 Management of
wetland.
|
£100 per hectare. |
3.2 Management of lowland raised
bogs.
|
£70 per hectare. |
3.3 Creation and management of
wetland.
|
£250 per hectare. |
3.4 Management of water
margin.
|
£400 per hectare. |
3.5 Management of flood
plain.
|
£25 per hectare. |
4.1 Moorland
management.
|
£1 per hectare. |
4.2 Stock disposal.
|
£45 per hectare of moorland. |
4.3 Muirburn and heather
swiping.
|
£11 per hectare for area of moorland to be burned/swiped in 10
years. |
4.4 Bracken eradication
programme.
|
£25 per hectare for area of moorland identified for bracken
eradication. |
5.1 Management of grass margin
or beetlebank in arable fields.
|
£736 per hectare. |
5.2 Management of conservation
headlands.
|
£70 per hectare or if nitrogenous fertiliser is not applied, a
premium payment of £150 per hectare. |
5.3 Management of extended
hedges.
|
£500 per hectare. |
5.4 Management of
hedgerows.
|
£10,000 per hectare (£1 per square metre). |
6.1 Introduction or retention of
extensive cropping.
|
£120 per hectare or for application of management regime for
period of three years or more on same site, £140 per hectare. |
6.2 Management of cropped
machair.
|
£200 per hectare or where cultivation is combined with the
traditional application of seaweed and/or dung, £240 per
hectare. |
6.3 Unharvested
crops.
|
£600 per hectare. |
7.1 Management of scrub
(including tall herb communities).
|
£55 per hectare. |
7.2 Management of native or
semi-natural woodland.
|
£100 per hectare. |
8.1 Management of a site of
archaeological or historic interest.
|
£80 per 0.25 hectare or part thereof up to 1.5 hectares and £80
per hectare thereafter or for crop-marked area sown to grass, £320
per hectare. |
9.1 Conservation management plan
with special measures for small units.
|
a. £45 per hectare (in-bye); or
b. If a collective
application covering a minimum of 4 crofts within the same crofting
community, £55 per hectare (in-bye).
|
9.2 Retention or introduction of
breeding cattle of native or traditional breed(s) in crofting areas
(must be adopted in combination with prescription 9.1).
|
In addition to the aid payable under prescription 9.1-
a. If the croft supports a herd of cattle of traditional or
native breed(s) for the duration of participation in the scheme,
£5 per hectare (in-bye); or
b. If a herd of cattle of
traditional or native breed(s) is introduced to the croft by the
end of the first plan year and numbers of any sheep on the croft
reduced to ensure no increase in overall stocking density, £290
per hectare (in-bye).
|
PART II
CAPITAL ACTIVITIES
Column 1 |
Column 2 |
Activity |
Rate of payment |
1. Bracken control - payment for
primary treatment in year one or year two of a five year bracken
eradication programme.
|
£120.00 per hectare. |
2. Rhododendron
control.
|
£250.00 per hectare. |
3. Erection of-
|
|
(a) a stock fence;
|
£3.00 per metre. |
(b) gate and posts;
|
£25.00 per metre. |
(c) a single stile; or
|
£25.00 each. |
(d) a double stile.
|
£45.00 each. |
3
(e). Conversion of a stock fence to a deer
fence.
|
£2.50 per metre. |
3
(f). Erection of a scare or temporary force or rabbit proof
netting.
|
£1.50 per metre. |
3
(g). Erection of a deer fence.
|
£6.00 per metre. |
3
(h). Erection of a deer fence marked to reduce bird
collision.
|
£6.50 per metre. |
3
(i). Dismantling of a deer fence.
|
£0.75 per metre. |
3
(j). Erection of a post and rail fence as a tree for guard
tree or as a water gate.
|
£7.00 per metre. |
3
(k). Erection of a suitable fence to trap blowing sand and
in-fill previously eroded dune areas.
|
£7.00 per metre. |
4. Building or restoration of
traditional drystone or flagstone dykes or walls (including mortared
walls).
|
£16.00 per square metre (total payments for dyking in any single
application will be restricted to 35% of the total cost of the
applicant's approved scheme proposals, excluding stock
disposal). |
5. Native species tree
planting.
|
£1.50 each (small); and |
|
£7.50 each (standard). |
6.
|
£1.10 each. |
b. Self supporting guard for hedge plants.
|
£0.50 each. |
7. Planting of marram
grass.
|
£4.00 per square metre. |
8.
|
£200.00 per trough. |
b. Water pipe and trench.
|
£2.00 per metre. |
9. Planting, replanting,
coppicing or laying of hedge (minimum of 6 plants per
metre).
|
£4.00 per metre. |
10. Creation or restoration of a
pond (maximum area of 2000 square metres).
|
£3.00 per square metre (up to 100 square metres); £1.50 per
square metre (over 100 square metres). |
11. Sowing of species - rich
grassland.
|
£400.00 per hectare. |
Additional items for designed landscapes only |
|
12. Restoration of parkland
gates piers, and/or ha has.
|
£17.50 per square metre. |
13. Amenity tree planting
(exotic trees/standard trees).
|
£9.00 each. |
14. Post and rail fencing to
protect parkland trees.
|
£9.00 per metre. |
PART III
RATES OF PAYMENT
Column 1 |
Column 2 |
Activity |
Rates of payment |
1. Environmental
audit.
|
(a) Small unit (up to and including 10 hectares) 75% of actual
cost with minimum payment of £150 and a maximum payment of £225;
and
(b) Other units (over 10 hectares) 50% of actual cost
with a maximum payment of £300.
|
2. Moorland management
plan.
|
£1 for every hectare of moorland included in the plan subject to
a minimum payment of £50 and a maximum payment of £500. A maximum
payment of £600 may be paid when the moorland management plan
relates to common grazings. |
PART IV
LIMITS (APPLYING TO THE WHOLE IACS BUSINESS)
1. Conservation
management.
|
The full management payment will be made for areas of in-bye
land of up to 100 hectares managed under the scheme prescriptions
and in addition for areas of up to 1000 hectares of rough grazings
(including moorland). For common grazings, the full management
payment for prescriptions will be made on up to 2000 hectares.
However, where these limits are exceeded all management payments for
prescriptions relating to in bye land, rough grazings (including
moorland), or common grazings, as applicable, will be scaled back to
80%. |
2. Stock disposal.
|
Stock disposal payments may be made on no more than 250 hectares
of moorland (each ewe disposed of is deemed to benefit 0.8 hectare
of moorland). |
3. Capital items.
|
Total payments for dyking in any single application will be
restricted to 35% of the total cost of the applicant's approved
scheme proposals (excluding stock
disposal). |
SCHEDULE 5Regulation 2(5)
INTERPRETATION OF SCHEDULES
In Schedules 1 to 4
and Schedule 5-
"amenity woodland" means small-scale woodland planted and maintained
primarily for the improvement of the landscape;
(i) land on which an arable crop is growing or has been
planted;
(ii) land which is lying fallow as part of a normal
crop rotation (including short term leys); or
(iii) set-aside
land and which has been land within the meaning of (i) and
(ii).
"beetlebank" means a grass strip between 1.5 metres and 6 metres
created in the margin of or through an arable field in order to allow
beneficial insects to over-winter;
"breeding cow" means a cow that forms part of a herd either used for
rearing calves for meat production or used for milk production and which
has borne a calf;
"coastal heath" means land bordering the sea containing moorland or
species-rich grassland affected by salt spray and exposure;
"conservation headland" means land with a minimum width of 6 metres
around arable fields on which cereal, linseed, oilseed or protein crops
are being grown;
"cropped machair" means sandy plains formed when calcareous
shell-sand has been blown over glacial deposits and peat and which has
been subject to cultivation within the last 10 years;
"designed landscape" means a garden or a landscape, including
parkland policy grassland, which is included in a record, recognised by
the Scottish Ministers, of existing historic gardens and designed
landscapes;
"eligible land" means eligible land as defined in the Arable Area
Payments Regulations 1996[14];
"extensive cropping" means a specified arable rotation system
without the use of pesticides (except to control statutory weeds) and
restricted use of fertilisers in order to provide cover and feeding
areas for birds;
"ewe" means a female sheep which is at least one year old on the 1st
of January preceding the application for grant and which is kept in a
breeding flock;
"floodplain" means eligible land adjacent to a watercourse which is
subject to flooding in times of high water level;
"grass margin" means a grass strip between 1.5 metres and 6 metres
created in the margin of or through an arable field in order to allow
beneficial insects to over-winter;
"hedge" means a line of shrubs or trees which delineate field
boundaries;
"herd" means two or more breeding cows of either pure-bred or first
cross native or traditional breed;
"improved grassland" means either land used for grazing where over
one third of the sward comprises, singly or in mixture, ryegrass,
cocksfoot or timothy, or land that has been improved by management
practices such as liming and top dressing, where there is not a
significant presence of sensitive plant species indicative of native
unimproved grassland;
"in-bye land" means that part of a farm not comprising the hill and
rough grazings, the bulk of which is used for arable and grassland
production;
"in-bye wet grassland" means pasture or meadow that is periodically
inundated with water;
"Less Favoured Area" means land which is disadvantaged land or
severely disadvantaged land as defined in the Hill Livestock
(Compensatory Allowances) Regulations 1996[15];
"lowland heath" means land generally found below 300 metres in
altitude, usually characterised by plants such as heather, dwarf grass
and cross based heath. Amongst the heather layer, there are generally
scattered areas of trees and scrub;
"lowland raised bog" means an isolated peat deposit over one metre
thick that is surrounded by non peat soils;
"machair" means sandy plains formed when calcareous shell-sand has
been blown over glacial deposits and peat but does not include cropped
machair;
"muirburn" has the same meaning as in section 39(1)(f) of the Hill
Farming Act 1946[16];
"native breeds" means any of the following breeds: Aberdeen Angus,
Ayrshire, Belted Galloway, Galloway, Highland, Luing, Shetland or
Shorthorn and first crosses of these native breeds;
"native woodland" means self-seeded woodland of native species or
woodland derived from an originally naturally occurring woodland;
"overgrazing" means grazing land with livestock in such numbers as
adversely to affect the growth, quality or species composition of
vegetation (other than vegetation normally grazed to destruction) on
that land to a significant degree;
"pesticides" means herbicides, insecticides or fungicides;
"poaching" means the trampling or treading of the ground surface by
livestock resulting in permanent damage to the vegetation;
"reverted improved grassland" means land, previously improved by
agricultural management operations which, from an agricultural
viewpoint, has degenerated and is now showing significant presence of
plant species indicative of unimproved grassland;
"rough grazings" means land containing semi-natural vegetation
including heathland, heather moorland, bog and rough grassland used or
suitable for use as grazing;
"scrub" means low growing woody vegetation of small trees and shrubs
including linear scrub along field margins;
"semi-natural woodland" means native woodland which has been
modified by human activity;
"small unit" means an agricultural business with no more than 10
hectares of in bye land;
"species-rich grassland" means in-bye land used for grazing or
mowing which is not normally treated with mineral fertiliser or lime and
does not constitute rough grazing, but which is floristically
diverse;
"statutory weeds" means spear thistle (cirsium vulgare), creeping or
field thistle (cirsium arvense), curled dock (rumex crispus),
broad-leaved dock (rumex obtusifolius) and ragwort (senecio
jacobaea);
"unimproved grassland" means in-bye land used for grazing or mowing
which is not normally treated with mineral fertiliser or lime and does
not constitute either improved grassland or rough grazings;
"undergrazing" means grazing at a level where there is evidence of
the annual growth not being fully utilised or scrub or coarse vegetation
is becoming evident and such changes are detrimental to the
environmental interest of the site;
"water margin" means an area of in-bye land bordering an area of
still or flowing water; and
"wetland" means in-bye ground which is normally saturated with water
for a significant proportion of the year.
EXPLANATORY NOTE
(This note is not
part of the Regulations)
These Regulations implement
Commission Regulation (EC) No. 1750/1999 (O.J. No. L 214, 13.8.99, p.31)
which prescribes detailed rules for the application of Council Regulation
(EC) No. 1257/1999 (O.J. No. L 160, 26.6.99, p.80) on support for rural
development from the European Agricultural Guidance and Guarantee Fund.
The Regulations extend to Scotland only.
The Regulations provide
for payments of aid to be made to any person who enters into an
undertaking with the Scottish Ministers to comply with the general
environmental requirements set out in Schedule 1 to the Regulations and to
carry out, or as the case may be, to carry out and maintain, at least one
of either the management activities set out in Schedule 2 or the capital
activities set out in Schedule 3 (regulations 3 and 9).
The amount
of aid payable in respect of an undertaking is calculated with reference
to the activity to be undertaken (regulation 8). The rate of payment
corresponding to each activity is specified in Schedule 4 to the
Regulations.
The Scottish Ministers may also contribute to the
costs incurred by an applicant in preparing a conservation audit and, as
the case may be, a moorland management plan included in an application for
aid (regulations 3(4) and 8(4)).
The Regulations also-
(a) make provision as to the form and content of applications for
aid (regulation 4);
(b) make provision in respect of applications
for aid from common grazings committees (regulation 5);
(c)
impose restrictions on the acceptance of applications for aid
(regulation 6);
(d) make provision in respect of the
determination of applications for aid (regulation 7);
(e) make
provision in respect of claims and payment (regulation 9);
(f)
make provision in relation to a change of occupation of the land to
which an undertaking relates (regulation 10);
(g) confer powers
of entry and inspection on authorised persons (regulation
11);
(h) make provision in relation to breaches of undertakings
(regulation 12);
(i) make provision in relation to the
withholding and recovery of aid (regulations 13 and 14);
(j) make
provision as to the recovery of interest (regulation 15);
(k)
provide that sums payable to Scottish Ministers shall be recoverable as
a debt (regulation 16);
(l) make provision for offences and
penalties (regulation 17); and
(m) make provision in respect of
appeals (regulation 18).
Notes:
[1] 1972 c.68; section 2(2) was amended
by the Scotland Act 1998 (c.46) Schedule 8, paragraph 15. The function
conferred upon the Minister of the Crown under section 2(2) of the
European Communities Act 1972, insofar as within devolved competence, was
transferred to the Scottish Ministers by virtue of section 53 of the
Scotland Act 1998.back
[2] 1995 c.25. See definition of "appropriate Minister"
in section 98(5). The functions of the Secretary of State were transferred
to Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
The requirement to obtain the consent of the Treasury was removed by
section 55 of the Scotland Act 1998.back
[3] 1991 c.55.back
[4] O.J. No. L 214, 13.08.99, p.31.back
[5] O.J. No. L 246, 30.09.01, p.46.back
[6] O.J. No. L 160, 26.06.99, p.80.back
[7] 1993 c.44.back
[8] 1911 c.49.back
[9] 2000 c.7.back
[10] 1995 c.46.back
[11] S.S.I. 2000/347, as amended by S.S.I. 2001/50 and
226.back
[12] 1959 c.54.back
[13] S.I. 1996/3142 to which there are amendments not
relevant to these Regulations.back
[14] S.I. 1996/3142, to which there are amendments not
relevant to these Regulations.back
[15] S.I. 1996/1500, amended by S.I. 1997/33.back
[16] 1946 c.73.back
ISBN 0 11059821 0
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