Contents
1Title, extent and commencement#
These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1998, shall extend to Great Britain and shall come into force on 15th January 1999.
2Interpretation#
(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.
(2)Notwithstanding paragraph (1), regulation 4 of those Regulations (and the provisions of regulation 1 of, and the Schedule to, those Regulations so far as they relate to regulation 4) shall have effect in relation to the school year beginning in 1996 and any pupil who enters the first year of the fourth key stage in that year as if regulation 4(2)(b) of those Regulations referred to an examination to be held in that school year.
3Amendment of the principal Regulations#
(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.
(2)Notwithstanding paragraph (1), regulation 4 of those Regulations (and the provisions of regulation 1 of, and the Schedule to, those Regulations so far as they relate to regulation 4) shall have effect in relation to the school year beginning in 1996 and any pupil who enters the first year of the fourth key stage in that year as if regulation 4(2)(b) of those Regulations referred to an examination to be held in that school year.
(a)after the definition of “authorised person” there shall be inserted the following definition–“• “certified seed” means seed certified, in accordance with Council Directive 66/402/EEC on the marketing of cereal seed, as “basic seed”, “certified seed”, “certified seed, first generation” or “certified seed, second generation”;”
(b)after the definition of “permitted agricultural production”, there shall be inserted the following definition–“• “plant protection product” shall have the same meaning as in Council Directive 91/414/EEC concerning the placing of plant protection products on the market;”
(c)working families' tax credit ;
(d)disabled person’s tax credit ;
(3)In this regulation “school year” has the meaning given to that expression in section 3(6) of the Education Reform Act 1988, and the reference to the fourth key stage is, subject to the operation of section 3(4) to (6) of that Act, a reference to the period set out in paragraph (d) of section 3(3) of that Act.
(a)
(b)
(c)in paragraph (6), for sub-paragraph (i) there shall be substituted–“i has, for a continuous period of twenty years ending on 22nd April 1995, been grassland, scrub or other non-arable habitat, and has not at any time during that period been cultivated, re-seeded, improved by the use of fertilisers, herbicides or lime or otherwise managed for arable production, unless–i the ineligible land that is the subject of the application is situated within an existing orchard planted after 22nd April 1965; orii the Minister is satisfied on reasonable grounds that the purpose of the exchange is to allow the eligible land that is the subject of the application to be entered into an agri-environmental scheme and the exchange would result in an overall environmental benefit.”
(4)
(5)After regulation 11, there shall be inserted the following regulation–“11A Where, pursuant to Article 6 of Commission Regulation 658/96, a farmer claims the supplement to the compensatory payment referred to in Article 4(3) of Council Regulation No. 1765/92, he shall be entitled to such supplement if the seed used to produce the durum wheat in question is certified seed sown at a minimum sowing rate of 150 kg per hectare.”
(6)
(a)after paragraph (4), there shall be inserted the following paragraph–“4A A farmer who makes a claim pursuant to regulation 11A of these Regulations shall retain all commercial documents relating to the certified seed in question and any document or record which identifies the parcels on which the certified seed is sown, from the time at which he makes such claim until the end of the fourth year following the year in which the claim is made.”
(b)
(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.
(8)
(a)in Part A (management options for set-aside land), for paragraph 1(5) there shall be substituted the following sub-paragraph–“5 For the purposes of this Schedule, the particular scheme year referred to in sub-paragraph (1) above means “the current scheme year”; “the current set-aside period” means the set-aside period during that scheme year; “the current green cover season” means the green cover season during that scheme year; and expressions such as “the previous scheme year” and “the following scheme year” shall be construed accordingly.”
(b)
(i)for paragraph 19 (application of fungicides and insecticides to the set-aside land) and the heading thereto there shall be substituted the following paragraph and heading–“19 A farmer shall not apply plant protection products other than herbicides to the set-aside land concerned except on or after 15th July in any scheme year and in preparation for sowing a crop.”
(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;
(a)
(b)after sub-paragraph (2), there shall be inserted the following sub-paragraph–“3 Sub-paragraph (1) shall not apply in relation to the application of herbicides to the set-aside land in preparation for sowing a crop, provided that such application occurs on or after 15th July in the scheme year in question.”
Contains public sector information licensed under the Open Government Licence v3.0.