The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2003

Amendment of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

2.—(1) The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) For “Regulation” in each place where it occurs in the Regulations there shall be substituted “regulation”.

(3) In regulation 2 (interpretation)–

(a) in the definition of “farm”, for “have same” there shall be substituted “have the same”; and

(b) for the definition of “nitrate vulnerable zone” there shall be substituted–

““nitrate vulnerable zone” means any area designated as a nitrate vulnerable zone by regulation 3 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002(2) and regulation 3 of the Designation of Nitrate Vulnerable Zones (Scotland) (No. 2) Regulations 2002(3);”.

(4) In regulation 4 (notice to remedy contravention of regulation 3)–

(a) for “a person” and “that person” in paragraph (1) there shall be substituted “the occupier”; and

(b) for “the person” in each place where it occurs in paragraphs (2) and (4) there shall be substituted “the occupier”.

(5) In regulation 5 (appeals against notices requiring works etc)–

(a) for “A person” in paragraph (1) there shall be substituted “An occupier”; and

(b) for “the modification” at the end of paragraph (4) there shall be substituted “that modification”.

(6) In the Schedule (action programme)–

(a) in paragraph 5(5)(a) for “to be applied” there shall be substituted “applied or to be applied” and for “the date of the proposed application” there shall be substituted “the actual or proposed date of application”;

(b) for “amount” in paragraph 10(1) there shall be substituted “amounts”;

(c) for paragraph 10(2) there shall be substituted–

“(2) for the purpose of sub paragraph (1) above, the specified amounts are–

(a) as regards grassland, the number of hectares of grassland on the farm multiplied by 250kg; and

(b) as regards agricultural land other than grassland, the number of hectares of any such land on the farm multiplied by 170kg.”; and

(d) at the end of paragraph 11 there shall be inserted “excluding that deposited by animals whilst grazing”.

(1)

S.S.I. 2003/51.

(2)

S.S.I. 2002/276.

(3)

S.S.I. 2002/546.