The Environmentally Sensitive Areas (Central Borders) Designation Amendment Order 2001

Scottish Statutory Instruments

2001 No. 25

AGRICULTURE

The Environmentally Sensitive Areas (Central Borders) Designation Amendment Order 2001

Made

6th February 2001

Laid before the Scottish Parliament

6th February 2001

Coming into force

8th March 2001

The Scottish Ministers, in exercise of the powers conferred by section 18(1), (4) and (11) of the Agriculture Act 1986(1) and of all other powers enabling them in that behalf, 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 2001 and shall come into force on 8th March 2001.

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

Amendment of the principal Order

2.—(1) In article 7(a) of the principal Order–

(a) for “15th August 1996” there shall be substituted “8th March 2001”; and

(b) for the figure “£25,000” there shall be substituted the figure “£30,000”.

(2) For article 7(b) of the principal Order(3) there shall be substituted–

“(b) in the case of an agreement entered into before that date, up to a maximum rate for each 5 year conservation plan of £37,500 for specially identified wetlands and £30,000 for other operations included in such agreement, which agreement had commenced but which had not ended before that date.”.

3.  For paragraph 10(b)(vi) of the Schedule to the principal Order, there shall be substituted–

• “if the farmer so wishes, measures to restore or create dykes, hedges and ponds and measures to restore stone fanks and hedgerow trees, in each case to standards consistent with conservation interests;”.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th February 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Central Borders) Designation Order 1993 by increasing the ceiling for operations other than specially identified wetlands from £25,000 to £30,000 (article 2) and by allowing the farmer within the meaning of that Order to take measures to create dykes, hedges and ponds as well as measures to restore dykes, stone fanks, hedges, hedgerow trees and ponds (article 3)

(1)

1986 c. 49; section 18(4) was amended by S.I. 1994/249. See section 17 for the definition of “the Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain Treasury consent was removed by section 55 of that

(2)

S.I. 1993/2767; amended by S.I. 1994/3067, 1996/1964 and

(3)

Article 7 was amended by S.I. 1996/1964, article 3