The Arable Area Payments Regulations 1996

In forceThis text since 10 Dec 1996law://uk/uksi/1996/3142@2026-11-12

Contents

506 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1 · Title, extent and commencement
2 · Interpretation
1. (1) In these Regulations, unless the context otherwise requires– • “accepted organic farmer” means a farmer who– (a) satisfies the Minister that he farms the la
2. (2) In these Regulations, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedules so numbered in these Regulations.
3. (3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
3 · Production regions
1. (1) For the purposes of Article 3 of Council Regulation 1765/92, the production regions in Great Britain shall be–
2. (2) In order to take account of structural differences between the production regions of the United Kingdom as envisaged by the second paragraph of Article 3(1)
4 · Calculation of projected regional reference amount
5 · Minimum size of cultivate plot
1. (1) Subject to paragraph (2) below, for the purposes of Article 3(1)(d) of Commission Regulation 658/96, the minimum size of a cultivated plot for which an arab
2. (2) In the case of land used for seed production or for research, the minimum size of a cultivated plot for which an arable compensatory payment may be made sha
6 · Exchanges of eligible and ineligible land
1. (1) Where a farmer believes that he is obliged to exchange ineligible land for eligible land within his holding for agronomic, phytosanitary or environmental re
2. (2) Subject to paragraphs (3) and (4) below, the application shall be in such form as the Minister may reasonably require.
3. (3) Where the applicant holds any of the eligible land as a tenant then his application shall include a declaration that he has obtained the written consent of
4. (4) Where the applicant holds any of the ineligible land as a tenant then his application shall include a declaration that he has informed his immediate landlor
5. (5) If the Minister is satisfied on reasonable grounds that the applicant is obliged to exchange the ineligible land for the eligible land for agronomic, phytos
6. (6) The Minister shall not give approval for the exchange if any of the ineligible land–
7. (7) Where approval has been given under paragraph (5) above, but– then the application shall for all purposes be treated as if it had never been approved.
7 · Derogations from requirement to have farmed for two years land set aside
1. (a) in relation to land in England or Wales, those specified in Part I of Schedule 1; and
2. (b) in relation to land in Scotland, those specified in Part II of Schedule 1.
8 · Derogations from requirement to set land aside in the production region where the related arable land is situated
1. (1) For the purposes of Article 9(3) of Commission Regulation 762/94, paragraphs (2) to (5) below shall apply where a farmer farms land in more than one product
2. (2) Where, pursuant to Article 9(2) of Commission Regulation 762/94, a farmer would be required (except as provided by Article 9(4) of that Regulation and but f
3. (3) Where pursuant to Article 9(2) of Commission Regulation 762/94, a farmer would be required (except as provided by Article 9(4) of that Regulation and but fo
4. (4) Where pursuant to Article 9(2) of Commission Regulation 762/94, a farmer would be required (except as provided by Article 9(4) of that Regulation and but fo
5. (5) For the purposes of paragraph (4) above, the cereals yield of a production region is its adjusted average cereals yield calculated in accordance with regula
9 · Requirements in relation to set-aside land
1. (1) A farmer shall, subject to paragraphs (3) to (8) below, comply with the requirements of Schedule 2 in relation to his set-aside land, other than land which
2. (2) A farmer shall, subject to paragraphs (3) to (8) below, comply with the requirements of Schedule 3 in relation to land set aside for non-food purposes.
3. (3) A farmer shall be exempt from any given requirement of Schedule 2 or 3 in relation to particular set-aside land if, on application being made to the Ministe
4. (4) The Minister may specify that any exemption granted pursuant to paragraph (3) above shall be effective only until a date, or the occurrence of a particular
5. (5) Where the Minister considers that– then the Minister shall so publish that exemption notice.
6. (6) Every exemption notice to which paragraph (5) above refers shall be published in the farming press and shall–
7. (7) Where an exemption notice is published in accordance with paragraph (6) above, any farmer who applies or has applied to the Minister for a compensatory paym
8. (8) For the purposes of this regulation, a “serious weed infestation” means an infestation with one or more of the injurious weeds listed in section 1(2) of the
9. (9) For the purposes of paragraphs (6) and (7) above–
10 · Transfer of the obligation to set aside to another farmer
1. (1) Where a farmer transfers his set-aside requirement either in whole or in part to another farmer purportedly in compliance with the plan submitted by the Uni
2. (2) For the purposes of this regulation, the “transferor” means the farmer who so transfers his set-aside requirement and the “transferee” means the other farme
3. (3) The transferee shall provide evidence that all the land which is set aside by him to satisfy the set-aside requirement of the transferor falls within– or co
4. (4) For the purposes of paragraph (3)(c) above, land falls within a site of archaeological or historical importance if it comprises all or part of–
5. (5) For the purposes of paragraph (3)(d) above, a water features protection area is an area in Scotland which is adjacent to a water feature, and in respect of
6. (6) For the purposes of paragraph (3) above, a site of special scientific interest is an area of special scientific interest as notified pursuant to section 28(
7. (7) Where a transferee shows to the satisfaction of the Minister that he has set land aside as environmental transferred set-aside land in a given scheme year,
8. (8) For the purposes of paragraph (7) above–
11 · Requirements in relation to rapeseed
1. (1) Subject to paragraphs (2) to (5) of this regulation, access to the compensatory payments in respect of rapeseed and colzaseed referred to in paragraph (3) o
2. (2) In respect of the seed category listed in Article 4(3)(b) of Commission Regulation 658/96–
3. (3) In respect of the seed category listed in Article 4(3)(c) of Commission Regulation 658/96, seed sown or to be sown by a farmer shall be regarded as register
4. (4) In respect of the seed category listed in Article 4(3)(d) of Commission Regulation 658/96–
5. (5) In respect of the seed category listed in Article 4(3)(e) of Commission Regulation 658/96–
6. (6) For the purposes of Article 3(1)(b) of Commission Regulation 658/96 (which restricts eligibility for compensatory payments in respect of arable crops to are
7. (7) As provided for in Article 4 of Commission Regulation 334/93 (which permits exclusion of particular raw materials from the scheme implemented by that Regula
8. (8) For the purposes of this regulation–
12 · Delivery notifications for non-food raw materials
1. (1) The declaration which a farmer is required to make by Article 7(3) of Commission Regulation 334/93 shall be made by 15th November in the scheme year in resp
2. (2) For the purposes of sub-paragraph (a) of Article 8(4) of Commission Regulation 334/93, the date by which a collector or first processor is to provide the in
3. (3) The declaration referred to in paragraph (1) above shall be made, and the information referred to in paragraph (2) above provided, in such form as the Minis
4. (4) If the declaration referred to in paragraph (1) above is not made by the date specified in that paragraph, the Minister may reduce the set-aside compensator
13 · Keeping and retention of records by a farmer
1. (1) A farmer shall retain all commercial documents relating to seed sown on land in respect of which he makes an application for compensatory payment from the t
2. (2) A farmer who sows farm-saved seed on land in respect of which he makes an application for compensatory payment shall retain all commercial documents– from t
3. (3) Where a farmer claims a compensatory payment in respect of land set aside for non-food purposes, he shall retain any delivery note relating to the crop grow
4. (4) A farmer who makes an application under regulation 6 which is approved by the Minister shall retain all documents relating to that application from the time
5. (5) For the purposes of this regulation–
14 · Keeping and retention of records by a collector and by a processor
1. (1) This regulation applies where a farmer claims a compensatory payment in respect of land set aside for non-food purposes which is used for the production of
2. (2) A collector shall keep records of the quantity of all Annex I raw materials produced on that last-mentioned land which he has purchased and sold for process
3. (3) A collector shall retain the records referred to in paragraph (2) above until the earlier of–
4. (4) A processor shall make records showing on a daily basis in relation to Annex I raw materials produced on the land referred to in sub-paragraph (1) above–
5. (5) A processor shall retain the records referred to in paragraph (4) above for two years from the date on which he processes, destroys, sells or otherwise disp
15 · Reduction or cancellation of compensatory payments for breach of Schedule 2 and 3
1. (1) In the event of a breach by a farmer of any requirement of or prohibition imposed by Schedule 2 (other than those set out in its paragraphs 13(2)(b) and (c)
2. (2) Any reduction in the set-aside compensatory payment made by virtue of paragraph (1) above by reason of a breach of paragraph 2 of Schedule 3 shall have effe
3. (3) In the event of a breach by a farmer of any prohibition imposed by paragraph 21 of Schedule 2 or paragraph 1 of Schedule 3, the set-aside compensatory payme
4. (4) For the purposes of paragraph (3) above–
5. (5) Where– the set-aside compensatory payment he shall be entitled to receive shall be reduced by the amount by which it would have been reduced had the area be
6. (6) In the event of a breach by the farmer of any requirement or prohibition imposed by paragraph 3 of Schedule 3, no set-aside compensatory payment shall be pa
7. (7) Where a farmer has already been paid all or part of the compensatory payment to which he would have been entitled but for the application of this regulation
16 · Rate of interest applicable where compensatory payments fall to be returned
1. (1) This regulation applies where any compensatory payment is paid to a farmer by the Minister and, by virtue of Article 14(1) of Commission Regulation 3887/92
2. (2) Except where the Minister recovers from any person any compensatory payment made as a result of the error of that Minister, interest shall be charged at the
3. (3) For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in the said Art
4. (4) In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in it shall be conclusi
17 · Powers of authorised persons
1. (1) An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powe
2. (2) An authorised person may enter any premises, other than premises used only as a dwelling, which are, or which such person has reasonable cause to believe to
3. (3) An authorised person who has entered any premises by virtue of this regulation may–
4. (4) An authorised person may–
5. (5) An authorised person entering any premises by virtue of this regulation may take with him such other persons as he considers necessary.
18 · Assistance to authorised persons
19 · Offences and penalties
1. (1) If any person fails to comply with an obligation imposed on him by regulation 13 or 14 he shall be guilty of an offence and shall be liable on summary convi
2. (2) If any person– he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3. (3) If any person for the purpose of obtaining the whole or any part of a compensatory payment or in purported compliance with any requirement directed at him u
4. (4) Proceedings for an offence under paragraph (1), (2) or (3) above may, subject to paragraph (5) below, in England and Wales be brought, and in Scotland comme
5. (5) No proceedings under paragraph (2) or (3) above shall be brought, or as the case may be commenced, by virtue of this regulation more than 12 months after th
6. (6) For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion
7. (7) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
8. (8) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) sh
9. (9) Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or t
10. (10) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (9) above shall apply in relation to the acts and defaults of
11. (11) In paragraphs (9) and (10) above references to a “body corporate” include references to a Scottish partnership and, in relation to such a partnership, any
20 · Revocation of Existing Legislation
Schedule 1 · Derogations from requirement to have farmed for two years land set aside
1. Part I (Derogations in respect of land in england or wales)
2. Part II (Derogations in respect of land in scotland)
Schedule 2 · Management requirements in relation to set-aside land
1. Part a Management options for set-aside land
2. Part b General management conditions applying to all set-aside land
3. Part C Special conditions applying to guaranteed set-aside land
4. Part D Exceptions relating to environmental transferred set-aside land
5. A. Management options for set-aside land
6. B. General management conditions applying to all set-aside land
7. C. Special conditions applying to guaranteed set-aside land
8. D. Exception relating to environmental transferred set-aside land
Schedule 3 · Requirements in relation to land set aside for the provision of specified raw materials
1. (1) Retention of features on the set-aside land
2. (2) Application of fertilisers and waste to the set-aside land
3. (3) Adjustment or annulment of contracts relating to the provision of specified raw materials grown on set-aside land

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

Key facts

Type: Statutory instrument · UKSI 1996/3142
Made by: UK Government (statutory instrument)
Extent: England, Wales, Scotland and Northern Ireland

History · 1 version

10 Dec 1996Reading

Connections

See on a map

Amended by 9: Charities and Trustee Investment (Scotland) Act 2005; The Organic Products (Wales) Regulations 2002 (revoked); The Intervention Board for Agricultural Produce (Abolition) Regulations 2001; The Abolition of the Intervention Board for Agricultural Produce (Consequential Provisions) (Scotland) Regulations 2001; The Organic Products Regulations 2001 (revoked); The National Assembly for Wales (Transfer of Functions) Order 1999; The Arable Area Payments (Amendment) Regulations 1998; The Arable Area Payments (Amendment) Regulations 1999; The Arable Area Payments (Amendment) Regulations 1997
Repealed by 5: The Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2005; The Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 (revoked); The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005; The Arable Area Payments (Amendment) Regulations 1998; The Arable Area Payments (Amendment) Regulations 1997

Defined terms · 63

Show every defined term

accepted organic farmer
means a farmer who– (a) satisfies the Minister that he farms the land by organic means or is converting to so farming the land;
agricultural parcel
has the same meaning as in Article 1(4) of Council Regulation 3508/92 as read with the first indent of Article 6(1) of that Regulation;
agricultural tenancy
means a tenancy of land which is– and includes any part of any such tenancy which is treated as a separate entity for the purposes of succession, assignation or sub-letting;
Annex I raw materials
means specified raw materials other than the raw materials listed in Annex II to Commission Regulation 334/93;
arable compensatory payment
means a compensatory payment other than a compensa tory payment made in respect of set-aside land;
arable crop
has the same meaning as in Article 1(2) of Council Regulation 1765/92;
authorised person
means any person who is authorised by the Minister, either generally or specifically, to act in matters arising under these Regulations;
close relative of the previous tenant
means–
collector
has the same meaning as in Article 1 of Commission Regulation 334/93;
combinable crop
means any crop commonly harvested using a combine harvester;
Commission Regulation 2780/92
means Commission Regulation (EEC) No. 2780/92 on the conditions for the grant of compensatory payments under the support system for producers of certain arable crops;
Commission Regulation 334/93
means Commission Regulation (EEC) No. 334/93 laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption;
Commission Regulation 3887/92
means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes;
Commission Regulation 658/96
means Commission Regulation (EC) No. 658/96 on certain conditions for granting compensatory payments under the support system for producers of certain arable crops;
Commission Regulation 762/94
means Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation 1765/92 with regard to the set-aside scheme;
compensatory payment
means a compensatory payment under Article 2(2) of Council Regulation 1765/92;
Council Regulation 1765/92
means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops as read with Commission Regulation (EEC) No. 3738/92 and Council Regulation (EC) No. 1598/96;
Council Regulation 2078/92
means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside;
Council Regulation 2080/92
means Council Regulation (EEC) No. 2080/92 instituting a Community aid scheme for forestry measures in agricultre;
Council Regulation 2092/91
means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs;
Council Regulation 3508/92
means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid scheme;
eligible land
means land– (a) for which aid has been granted under Title I of Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures or in respect of which an application for direct payments has been accepted under Council Regulation (EEC) No. 3766/91 establising a support system for producers of soya beans, rapeseed, colza seed and sunflower seed;
environmental transferred set-aside land
means all land set aside by a farmer to satisfy the set-aside requirement of another farmer, except land in respect of which evidence showing that it falls within a location such as if specified in regulation 10(3)(a) has been provided by a transferee (as defined by regulation 10(2));
farm-saved rapeseed
means seed which– (a) is the product of a harvest obtained from the planting, on a particular holding, of certified seed of a variety listed in Annex II to Commission Regulation 658/96;
farmer
means a farmer within the meaning of Article 1(4) of Council Regulation 3508/92 who applies to the Minister for a compensatory payment;
green cover
means a green cover established or, as the case may be, falling to be established in accordance with Schedule 2;
green cover season
means the period commencing on 15th January in a given year and ending on 30th June in the same year;
guaranteed set-aside land
means set-aside land which a farmer has undertaken to keep set aside for five successive marketing years pursuant to Article 5(1) of Commission Regulation 762/94;
high erucic acid rapeseed
means rapeseed or colzaseed of any variety conforming to the erucic acid requirement of Article 4(3)(e) of Commission Regulation 658/96;
holding
has the same meaning as in Article 1(4) of Council Regulation 3508/92;
land set aside for non-food purposes
means land set aside (in accordance with Commission Regulation 334/93) for the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption;
organic waste
means any waste material produced by or from animals or plants as a by-product of agricultural production, and includes animal bedding;
other permitted crop
shall mean a crop which consists of one or more of the following–
overgrazing
means grazing or otherwise stocking land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation on that land to a significant degree.
penalty set-aside land
means land set aside to satisfy the penalty set-aside requirement;
penalty set-aside requirement
means the requirement referred to in the second indent of the first sub-paragraph of Article 2(6) of Council Regulation 1765/92;
permitted agricultural production
means, during the period commencing on 1st September in any given year and ending on the following 14th January, the use of set-aside land for the keeping and feeding of animals or for the harvesting of crops from it, in circumstances where– (a) no payment or benefit in kind is received by the farmer in respect of such use or harvesting;
processor
means a processor referred to in Article 11 of Commission Regulation 334/93;
production region
has the same meaning as in Article 3 of Council Regulation 1765/92;
scheme year
means a year beginning on 15th January and ending on the following 14th January;
seed crop
means a crop grown so that the seed of the crop may be harvested and sown to establish a further crop;
serious weed infestation
means an infestation with one or more of the injurious weeds listed in section 1(2) of the Weeds Act 1959.
set aside
means withdraw, or as the case may be withdrawn, from agricultural production other than permitted agricultural production or (in accordance with Commission Regulation 334/93) the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption;
set-aside compensatory payment
means a compensatory payment made in respect of set-aside land, as provided for in Article 7(5) and (6) of Council Regulation 1765/92;
set-aside land
means land set aside pursuant to– (a) the set-aside requirement;
set-aside period
means (except in the case of guaranteed set-aside land) the period within a scheme year commencing on the first day of that year and ending on 31st August and, in the case of guaranteed set-aside land, means a scheme year;
set-aside requirement
(except in the expression “penalty set-aside requirement”) means the requirement, imposed by Article 2(5) Council Regulation 1765/92 on all farmers claiming arable compensatory payment (except those to whom Article 8(3) of that Regulation applies), to set aside land in accordance with Article 7(1) of that Regulation;
shallow cultivate
means cultivate to a depth of no more than 7 centimetres;
sharefarming agreement
means an agreement for the use of agricultural land for the purposes of a farming enterprise, made between the owner of that land (including a person entitled for a term of years certain or other limited estate) and a farmer who does not have a right to exclusive possession of that land or any legal interest or charge in or over it, under which– (a) the relationship between the contracting parties is not one of partnership or employer and employee or landlord and tenant;
specified control measure
means any check, test, verification, inspection, investigation, control or other operation in relation to arable land which a Member State is required to carry out under Council Regulation 3508/92 or Title IV of Commission Regulation 3887/92;
specified period
means the set-aside period and the period of two years prior to its commencement;
specified raw materials
means the raw materials, listed in Annex I and Annex II to Commission Regulation 334/93, produced on land set aside for non-food purposes;
the farming press
means any publication or group of publications which in the Minister’s opinion is read by sufficient of those farmers to whom the exemption applies that knowledge of it will be disseminated to substantially all of those affected farmers;
the Minister
means– (a) in relation to England, the Minister of Agriculture, Fisheries and Food;
the option to set aside
means the option (under Article 7(6) of Council Regulation 1765/92) for a farmer to set aside more land than is required to satisfy his set-aside requirement;
the pre-pre-preceding scheme year
means the scheme year immediately preceding the pre-preceding scheme year.
the pre-preceding scheme year
means the scheme year immediately preceding the preceding scheme year;
the preceding scheme year
means the scheme year immediately preceding the given scheme year referred to in that paragraph;
transferee
means the other farmer to whom that requirement is transferred as aforesaid.
transferor
means the farmer who so transfers his set-aside requirement and the “transferee” means the other farmer to whom that requirement is transferred as aforesaid.
vernacular building
means a building of a design or style traditional in its locallity;
waste
(except in the expression “organic waste”) means any type of agricultural, industrial or domestic waste.
water feature
means any river, loch, wetland or other similar feature.