Statutory Instrument 1994 No. 3067 (S.161)

The Environmentally Sensitive Areas (Scotland) Orders Amendment Order 1994

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© Crown Copyright 1994

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1994 No. 3067 (S.161)

AGRICULTURE

The Environmentally Sensitive Areas (Scotland) Orders Amendment Order 1994

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 (Scotland) Orders Amendment Order 1994 and shall come into force on 30th December 1994.

    (2)  In this Order "the principal Orders" means the statutory instruments set out in Schedule 1 to this Order.

Amendment of the principal Orders
    2.    The principal Orders shall be amended as follows:—
 (a) after article 4 (requirements to be included in agreement) there shall be inserted the following article:—

"Requirements as to public access
    4A.    An agreement referred to in article 4 may include the requirements specified in the Annex to the Schedule to this Order as to public access." ;

 (b) in article 5 (provisions as to breach of requirements to be included in agreement) after the words "article 4" in each place where they occur, there shall be inserted the words "or 4A";
 (c) after article 7 (payment under agreement) there shall be inserted the following article:—
    "7A.    Where an agreement includes requirements as to public access the Secretary of State may make additional payments of such amounts as may be determined by him." ;

 (d) after the Schedule (requirements to be included in an agreement as regards land which is the subject of an agreement) there shall be inserted as the Annex thereto—
 (i) in the case of the Orders numbered 1 to 7 inclusive in Schedule 1 to this Order, paragraphs 1 to 12 inclusive of Schedule 2 to this Order;
 (ii) in the case of the remaining Orders listed in Schedule 1 to this Order, paragraphs 1 to 13 inclusive of Schedule 2 to this Order.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

29th November 1994
We consent,

T J R Wood

Timothy Kirkhope

Two of the Lords Commissioners of Her Majesty's Treasury

29th November 1994

[1] 1986 c. 49; section 18(4) was amended by S.I. 1994/249. back

Explanatory Note