The Rural Stewardship Scheme (Scotland) Amendment Regulations 2005

Contents

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(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 2001.

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

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

3Amendment of regulation 2 (interpretation)#

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

(a)after the definition of “1991 Act” insert–“• “1993 Act” means the Crofters (Scotland) Act 1993;• “2003 Act” means the Agricultural Holdings (Scotland) Act 2003;”

(b)for the definition of “Commission Regulation” substitute–“• “Commission Regulation” means Commission Regulation (EC) No. 817/2004 laying 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 1986 as regards land in an area designated by:(a) the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1992;(ii) the Environmentally Sensitive Areas (Breadalbane) Designation Order 1992;(iii) the Environmentally Sensitive Areas (Central Southern Uplands) Designation Order 1993;(iv) the Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 1993;(e) the Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 1993;(vi) the Environmentally Sensitive Areas (Stewartry) Designation Order 1993;(vii) the Environmentally Sensitive Areas (Central Borders) Designation Order 1993;(viii) the Environmentally Sensitive Areas (Argyll Islands) Designation Order 1993;(ix) the Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 1993; or(j) the Environmentally Sensitive Areas (Shetland Islands) Designation Order 1993;• “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 1994;• “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. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers successfully 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 2005, but excluding entrants from an Environmentally Sensitive Areas scheme, entrants from the Habitats scheme or entrants with a successful challenge;”

(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;”

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

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

5Amendment of regulation 8 (rates of payment)#

For regulation 8(1) (rates of payment) substitute–“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; oriii entrants from the Habitats scheme; andb in column 3 of Schedule 4, for–i post 2003 entrants; orii entrants with a successful challenge;”

6Amendment of regulation 10 (change of occupation of land)#

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

7Amendment of Schedule 2 (management activities)#

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–“; andh 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–“”

(q)in item 33 in column 2 (site requirements) for “the Arable Area Payments Regulations 1996 eligible” substitute “cereal, linseed, oilseed or protein”; and

(r)after item 34 insert–“35 Creation and management of early and late cover for corncrakes.Improved grassland or arable land on which damp conditions are created for the establishment of iris beds and other tall vegetation.Where iris is not available locally, other appropriate tall vegetation may be utilised, but only with the prior written agreement of the Scottish Ministers. Such sites must be adjacent to mown grassland managed for corncrakes under this scheme. The total area of early and late cover, which may be a combination of existing and created cover, must extend to at least 0.10 hectare, sited on one or more blocks of land adjacent to the mown grassland. The total area created and managed under this option must not exceed 1 hectare.a The site must be managed to ensure that it is normally in damp condition for a significant proportion of the year;b Only with the prior written agreement of the legal occupier, dig up and collect iris from existing beds. Mix the iris rhizomes with farmyard manure in at least equal proportions by volume and spread the mixture over the site to a depth of at least 20 centimetres;c No grazing is permitted between 28th February and 30th September, except with the prior written agreement of the Scottish Ministers;d At other times, grazing must not exceed 0.3 livestock units per hectare, except with the prior written agreement of the Scottish Ministers; ande Cutting of the area may only be undertaken with the prior written agreement of the Scottish Ministers.”

8Amendment of Schedule 3 (capital activities)#

In Schedule 3 (capital activities) in item 1 b in column 2 (requirements) for “twice” where it occurs the first time substitute “three times” and for “twice yearly treatments” substitute “three treatments a year”.

9Amendment of Schedule 4 (rates of payment for activities)#

In Schedule 4 (rates of payment for activities) for Part I substitute–“1.1 Extensive management of mown grassland for birds.1.2 Management of open grazed grasslands for birds.1.3 Extensive management of mown grassland for corncrakes.1.4 Management of early and late cover for corncrakes.1.5 Management of wet grassland for waders.1.6 Creation and management of early and late cover for corncrakes.2.1 Management of species-rich grassland.2.2 Bracken eradication programme.2.3 Creation and management of species-rich grassland.a £250 per hectare on arable land; orb £150 per hectare on improved grassland.2.4 Management of coastal heath.2.5 Management of lowland heath.3.1 Management of wetland.3.2 Management of lowland raised bogs.3.3 Creation and management of wetland.3.4 Management of water margin.3.5 Management of flood plain.3.6 Management of basin and valley mire buffer areas.4.1 Moorland management.4.2 Stock disposal.4.3 Muirburn and heather swiping.4.4 Bracken eradication programme.5.1 Management of grass margin or beetlebank in arable fields.5.2 Management of conservation headlands.5.3 Management of extended hedges.5.4 Management of hedgerows.6.1 Introduction or retention of extensive cropping.6.2 Management of cropped machair.6.3 Unharvested crops.7.1 Management of scrub (including tall herb communities).7.2 Management of native or semi-natural woodland.8.1 Management of a site of archaeological or historical interest.9.1 Conservation management plan with special measures for small units.a £50 per hectare (in-bye); orb If a collective application covering a minimum of 4 crofts within the same crofting community, £60 per hectare (in-bye).a £44 per hectare (in bye); orb If a collective application covering a minimum of 4 crofts within the same crofting community, £53 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 crofts are reduced to ensure no increase in overall stocking density, £340 per hectare (in bye).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, £74 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, £374 per hectare (in bye).10 Management of ancient wood pasture.a £30 per hectare on rough grazings; andb £100 per hectare on improved and unimproved grassland.a £28 per hectare on rough grazings; andb £100 per hectare on improved or unimproved grassland.11 Spring cropping”

10Amendment of Schedule 5 (interpretation of schedules)#

In Schedule 5 (interpretation of schedules)–

(a)after the definition of “amenity woodland” insert–“• “ancient wood pasture” means land currently listed in, and land which is a candidate for listing in, the ‘Inventory of Ancient Wood Pasture in Scotland’ as maintained by Scottish Natural Heritage;”

(b)after the definition of “rough grazings” insert–“• “seed of at least UK stock” means seed harvested within the United Kingdom;”

(c)after the definition of “species-rich grassland” insert–“• “spring cropping” means the growing of spring-sown cereal, linseed, oilseed or protein crops;”

Contains public sector information licensed under the Open Government Licence v3.0.