The Environmentally Sensitive Areas (Central Borders) Designation (Amendment) Order 1996

Statutory Instruments

1996 No. 1964 (S.160)

AGRICULTURE

The Environmentally Sensitive Areas (Central Borders) Designation (Amendment) Order 1996

Made

22nd July 1996

Laid before Parliament

25th July 1996

Coming into force

15th August 1996

The Secretary of State, in exercise of the powers conferred on him by section 18 (1), (4) and (11) of the Agriculture Act 1986(1) and of all other powers enabling him in that behalf, with the consent of the Treasury, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Environmentally Sensitive Areas (Central Borders) Designation (Amendment) Order 1996 and shall come into force on 15th August 1996.

(2) In this Order–

“the principal Order” means the Environmentally Sensitive Areas (Central Borders) Designation Order 1993(2).

Amendment of the principal Order

2.  In article 2(1) of the principal Order (interpretation) for the definition of “wetlands” there shall be substituted the following definition:–

““wetlands” means ground which does not constitute rough grazings and is saturated with water for a significant proportion of the year.”.

3.  In article 7 of the principal Order (payments for additional agricultural operations) for the words “Such payments” to the end there shall be substituted–

• “Such payments shall be at a rate to be determined by the Secretary of State–

  (a)

  in the case of an agreement entered into on or after 15th August 1996, up to a maximum rate for each 5 year conservation plan of £37,500 for specially identified wetlands and £25,000 for other operations; and

  (b)

  in the case of an agreement entered into before that date–

  (i)

  for the year of the 5 year conservation plan included in such agreement which commenced but which had not ended before that date, up to a maximum rate of £135 per annum for each hectare of land to which the agreement relates, or at the rate of £5,000 per annum per individual farm business, whichever is the lower; and

  (ii)

  for the whole years or remaining whole years of such 5 year conservation plan, up to a maximum rate calculated by multiplying £7,500 for specially identified wetlands and £5,000 for other operations by the number of those whole years or remaining whole years.”.

4.  In paragraph 10 of the Schedule to the principal Order (requirements to be included in an agreement) for the word “Scheme” there shall be substituted the word “agreement”.

Lindsay

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

18th July 1996

We consent,

Liam Fox

Simon Burns

Two of the Lords Commissioners of Her Majesty’s Treasury

22nd July 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Central Borders) Designation Order 1993 (“the principal Order”).

The Order amends the definition of “wetlands” (article 2) and amends the maximum rate of payments for expenditure identified in an agreement under section 18(3) of the Agriculture Act 1986 as required to undertake additional farming operations specified in the principal Order. For agreements entered into on or after 15th August 1996 there is substituted, for the present maximum rate of £135 per annum per hectare to which the agreement relates, or the rate of £5,000 per annum per individual farm business, whichever is the lower, a maximum rate of £37,500 for specially identified wetlands and £25,000 for other operations for each 5 year conservation plan included in such agreement. Transitional provision is made for agreements in force on that date (article 3).

The Order also makes a drafting amendment to the Schedule to the principal Order (article 4).

(1)

1986 c. 49; section 18(4) was amended by S.I. 1994/249.

(2)

S.I. 1993/2767, amended by S.I. 1994/3067.