The Rural Stewardship Scheme (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Commission Regulation (EC) No. 1750/1999 (O.J. No. L 214, 13.8.99, p.31) which prescribes detailed rules for the application of Council Regulation (EC) No. 1257/1999 (O.J. No. L 160, 26.6.99, p.80) on support for rural development from the European Agricultural Guidance and Guarantee Fund. The Regulations extend to Scotland only.

The Regulations provide for payments of aid to be made to any person who enters into an undertaking with the Scottish Ministers to comply with the general environmental requirements set out in Schedule 1 to the Regulations and to carry out, or as the case may be, to carry out and maintain, at least one of either the management activities set out in Schedule 2 or the capital activities set out in Schedule 3 (regulations 3 and 9).

The amount of aid payable in respect of an undertaking is calculated with reference to the activity to be undertaken (regulation 8). The rate of payment corresponding to each activity is specified in Schedule 4 to the Regulations.

The Scottish Ministers may also contribute to the costs incurred by an applicant in preparing a conservation audit and, as the case may be, a moorland management plan included in an application for aid (regulations 3(4) and 8(4)).

The Regulations also–

(a) make provision as to the form and content of applications for aid (regulation 4);

(b) make provision in respect of applications for aid from common grazings committees (regulation 5);

(c) impose restrictions on the acceptance of applications for aid (regulation 6);

(d) make provision in respect of the determination of applications for aid (regulation 7);

(e) make provision in respect of claims and payment (regulation 9);

(f) make provision in relation to a change of occupation of the land to which an undertaking relates (regulation 10);

(g) confer powers of entry and inspection on authorised persons (regulation 11);

(h) make provision in relation to breaches of undertakings (regulation 12);

(i) make provision in relation to the withholding and recovery of aid (regulations 13 and 14);

(j) make provision as to the recovery of interest (regulation 15);

(k) provide that sums payable to Scottish Ministers shall be recoverable as a debt (regulation 16);

(l) make provision for offences and penalties (regulation 17); and

(m) make provision in respect of appeals (regulation 18).