The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 (“the 2008 Regulations”), which introduce measures to supplement Council Regulation (EC) No 1698/2005 (O.J. L 277, 21.10.2005, p.1), as amended, (“the Council Regulation”) laying down general rules governing Community support for rural development (financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No 1290/2005 (O.J. L 209, 11.8.2005, p.1)) and Commission Regulations (EC) No. 1974/2006 (O.J. L 368, 23.12.2006, p.15) and 65/2011 (O.J. L 25, 28.1.2011, p.8) laying down detailed rules for the application of the Council Regulation.

The 2008 Regulations provide for the payment of aid to be made available by the Scottish Ministers from the Scotland Rural Development Programme 2007-13 to any person who enters into an undertaking with the Scottish Ministers to carry out, or as the case may be, carry out and maintain the activities relevant to at least one of the rural priorities options set out in Schedule 2 to the 2008 Regulations, and where relevant one or more of the capital items in relation to a particular rural priorities option as set out in Schedule 3 to the 2008 Regulations.

These Regulations amend the 2008 Regulations by amending the definition of “area related options” (regulation 2) and making consequential changes to cross-compliance and payment requirements (regulations 5 and 7(a)).

They amend the 2008 Regulations by replacing references to Commission Regulation 796/2004 with references to Commission Regulation 1122/2009 (regulations 3, 4, 6 and 7) and references to Commission Regulation 1975/2006 with references to Commission Regulation 65/2011 (regulations 3, 6, 8, 9, 10 and 11) and they update some domestic statutory references (regulations 3 and 58).

These Regulations amend Schedule 1 to the 2008 Regulations by adding new definitions of serpentine vegetation, special interest heath and winter keep and amending the definitions of coastal heath, rural settlement, fully organic, organic production and omit the definition of Organic Standards Compendium (regulation 12).

Rural priorities option 26 (wardening for Golden Eagles) is omitted and rural priority options 10, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 37, 38, 41, 43, 47, 48, 49, 50, 51, 52, 53, 54, 60, 61, 66, 67, 70, 74, 75 and 78 in Part 1 of Schedule 2 are amended (regulations 13 to 53), in particular option 10 (improving the economic value of forests) to reduce the required area of forest; option 19 (management of mown grassland for corncrakes) to include chough; option 38 (management of coastal or serpentine heath) to include special interest heath; option 30 (creation and management of species rich grassland) for the benefit to wildlife and also to bees, moths and butterflies; option 48 (management of extended hedges to include hedgerow trees; option 51(management of cropped machair) to provide additional payment for shallow ploughing and sharing ploughing equipment; option 60 (woodland creation) to add new woodland types in Northern and Western Isles and Central Scotland; option 70 (vernacular rural buildings, archaeological or historic sites, historic landscapes) to include involvement of professional advisors and exclude beneficiary’s own labour costs; in a number of options to ensure that the application of pesticides is only permitted with the prior written agreement of the Scottish Ministers and other small clarifications.

New rural priorities options are added into Part 1 of Schedule 2 (regulation 54 and Schedule 1). These are options 79 (creation and management of grassland for hen harriers), 80 (Open grazed grassland management for chough) and 81 (Upland habitat management plan). The 2008 Regulations contained options 1 to 73, options 74 to 77 were added by SSI 2008/233 and option 78 was added by SSI 2009/411.

New payment rates for woodland creation in the Northern and Western Isles and in Central Scotland are introduced in Part 2 of Schedule 2 to the 2008 Regulations (regulation 55(a) and 55(b)) and some standard costs for forestry operations/capital items are amended in Table D in Part 2 of Schedule 2 (regulation 55(c) and Schedule 2). The description of the two items for payment of woodland improvement grants in Table E of Part 2 of Schedule 2 has been amended (regulation 55(d)).

In Table A of Schedule 3 to the 2008 Regulations, the standard payment rates for capital items have been amended in relation to eradication of rhododendron, the description of heather management in black grouse core areas has been amended to include capercaille core areas and a new capital item covering vole guard/small tree protector has been introduced (regulation 56). The eligible capital items available through item option 77 have been amended in relation to eradication of rhododendron (regulation 57).

No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.