The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004

Winter soil cover and final seedbeds

1.—(1) Subject to sub-paragraph (2), where land has been cropped with any crop which has been harvested a farmer must ensure that throughout the winter following that harvest such land–

(a) is covered by the stubble of the harvested crop, by another crop or by grass; or

(b) has a surface which is ploughed, or roughly cultivated (by the use of discs or tines or otherwise).

(2) Sub-paragraph (1) does not apply to the extent that the prevailing agronomic or weather conditions and the condition of the composition of the soil of that land–

(a) after harvest are such that compliance with that sub-paragraph would be detrimental to the use of the land for agricultural production; or

(b) are such that they would indicate the planting of the following year’s crop before the end of winter.

(3) Final seedbeds must only be created as shortly before the next crop is planted as possible to avoid significant evident erosion of the soil, taking account of prevailing weather conditions.