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The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004
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Field drains
5.—(1) Subject to sub-paragraph (2), a farmer must maintain any functional field drainage systems on the land in a working state (whether by clearing ditches or otherwise).
(2) Sub-paragraph (1) shall not apply where an environmental gain would be achieved by not maintaining the field drainage systems provided the farmer has, prior to that system ceasing to function, declared the environmental gain to be achieved–
(a)in the farmer’s aid application under Article 22 of the Council Regulation; or
(b)in any other prior application for a direct payment.
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