The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008

OPTION, ACTIVITIES AND ELIGIBILITY CONDITIONS AND RATES OF PAYMENT

It is an additional eligibility condition of the activities specified in the land managers options that they must not be carried out, or must not be carried out and maintained, on land set aside in accordance with Articles 54 or 107 of Council Regulation 1782/2003.

Column 1	Column 2	Column 3
Option	Activities and Eligibility Conditions	Rate of Payment
1.  Skills development	An applicant is eligible for payment under this option if the applicant, the applicant’s immediate family and/or employee over 16 years, attends a training course, by a trainer recognised by Lantra, to improve business, marketing, management or technical skills or enabling them to diversify into other activities but which– (a) does not form part of normal programmes or systems of agricultural or forestry education at secondary or higher levels; (b) is not required for or leads to a certificate, licence, diploma or other qualification required by law to permit persons to carry out their basic work activities; or (c) is not funded, in whole or in part, by other public funds.	75% of the course fees, up to a maximum of £500 per scheme year.
2.  Business audit	(1) An applicant is eligible for payment under this option if the applicant– (a) undertakes an online or paper based environmental or business audit of their IACS business; and (b) provides– (i) evidence that the audit has been completed and provides details of the audit undertaken; and (ii) for beneficiaries who undertake their own audit, a record of labour hours (in the form of a time sheet). The skilled labour rate applies. (2) An applicant will not be eligible to receive payment under this option if they breach the compliance requirements specified in regulation 10(5)(a) and (b).	50% of actual costs up to a maximum of £150 based on invoices or record of labour hours.
3.  Nutrient management plan	(1) An applicant is eligible for payment under this option if the applicant– (a) completes a nutrient management plan (NMP) and implements nutrient planning and management on arable land and improved grassland; (b) calculates nutrient requirements of crops in selected fields taking account of the soil analysis results, nutrients available from previous inputs and cropping history; (c) follows Scottish Agricultural College recommendations for nitrogen, phosphorus and potassium; (d) keeps records of the quantities of mineral fertiliser, farmyard manure and slurry applied to the field and when these were applied; (e) keeps records of no spread zones; (f) applies fertiliser at a time which will promote maximum nutrient update by the crop; and (g) where there is a watercourse (including ditches), spring or borehole in the field on which the option is to be undertaken, uses suitable protective measures, the details and maps of these must be prepared and retained; (2) Where an advisor completes the NMP, a receipted invoice with details of the activities carried out, the suppliers details and total cost must be provided to the Scottish Ministers. (3) Land in a nitrate vulnerable zone is not eligible.	£150 if the applicant completes a NMP. 40% of actual costs up to £300 if an advisor completes a NMP.
4.  Modernisation through electronic data management	(1) An applicant is eligible for payment under this option if the applicant invests in electronic hardware and software to improve the performance of agricultural businesses under either or both of the following options– (a) option A – Electronic recording equipment for livestock production in which case one or more than one of the following are eligible– (i) electronic ear tag readers from which information can be gathered and downloaded for management purposes; (ii) electronic weigh cells and recording equipment from which information can be gathered and downloaded for management purposes; or (iii) compatible software which can utilise the downloaded data from (i) and (ii) (or both) or any other source; or (b) option B Precision farming equipment in which case one or more than one of the following items are eligible– (i) precision farming equipment from which information can be gathered and downloaded for management purposes; (ii) precision farming equipment which controls inputs based on data from (i) or any other source; or (iii) compatible software which can utilise the downloaded data from (i) or (ii) (or both). (2) Each option, option A or option B above, can only be undertaken once in any 5 years. Items purchased must be retained for 5 years unless evidence can be provided that the items have been replaced with like items of an equivalent or higher specification. (3) The purchase of personal computers or laptops are ineligible costs.	40% of eligible costs up to a maximum amount of £1,000 per option A or B. Where purchases have been made in collaboration with others the 40% of eligible costs applies only to the applicant’s share of eligible costs. An applicant may make only one claim for payment under each option A or B in any 5 years. A one off payment will be made, paid in arrears.
5.  Management of genetically appropriate tree stocks for seed production	(1) An applicant is eligible for payment under this option if the applicant is an owner or occupier of forest land and the applicant– (a) has a forest holding greater than 1 hectare; and (b) prepares and implements a plan for the management of registered seed stands to promote seed production and facilitate seed collection including– (i) preparatory work and documentation gathering towards the registration of seed stands for quality timber production and/or locally native sources for native woodland planting; (ii) removal of trees of poor form; (iii) tree crown release for seed production; and (vi) brashing and clearance of access routes for seed collection. (2) Land on which this option has been undertaken within the previous 3 years is ineligible.	50% of actual costs for preparatory work and documentation gathering towards registration of seed stand based on invoices and registration documentation. 50% of actual costs up to a maximum of £300 per hectare for registered seed stand management.
6.  Modernisation through electronic management – forestry	(1) An applicant is eligible for payment under this option if the applicant is a rural business engaged in the management of forests and woodlands and if the applicant invests in electronic hardware and software to improve the competitiveness of forestry businesses in which case one or more than one of the following items are eligible– (a) Geographical Positioning System site mapping hardware and software; (b) electronic callipers for timber volume measurement; (c) compatible software which can utilise and download data from (i) or (ii) (or both) or any other source; (d) Geographical Information System software for the purposes of the production and management of long term forest plans; or (e) Ruggedised notebook personal computers designed for electronic data capture in “outdoor, all weather” working conditions. (2) Items purchased must be retained for 5 years unless evidence can be provided that the items have been replaced with like items of an equivalent or higher specification. (3) The purchase of personal computers or laptops and recurrent annual licensing costs associated with software purchase or use are ineligible.	40% of eligible costs up to a maximum of £1,000. Where purchases have been made in collaboration with others the 40% of eligible costs applies only to the applicant’s share of eligible costs. An applicant may make only one claim for payment under this option in any 5 years. A one off payment will be made, paid in arrears.
7.  Access creation for sustainable forest management	(1) An applicant is eligible for payment under this option if the applicant is an owner or occupier of forest land and– (a) has a forest holding of greater than 1 hectare that requires the construction of external or internal (or both) access routes to extract timber from isolated stands that will benefit from silvicultural thinning; (b) builds roads to a standard capable of taking heavy goods vehicles and conforms to the requirements of the UK Forestry Standard; and (c) maintains the roads as part of the forest road network and fully restores after harvesting activity. (2) Only the following costs are eligible costs– (a) the construction of external or internal (or both) access routes; (b) the construction of lay bys, turning areas, loading bays or bell mouth junctions; and (c) gates, security barriers or obstacles and cattle grids.	50% of actual costs.
8.  Membership of quality assurance and organic schemes	An applicant is eligible for payment under this option if the applicant participates in one or more of the following quality assurance or organic schemes(certified to EN45011 standard):– Lions Quality Code of Practice for Eggs Linking Environment and Farming (LEAF) marque Freedom Foods Scottish Organic Producers and Certification Scheme Soil Association Assurance Scheme Organic Farmers and Growers – Organic Assurance Scheme Biodynamic Agricultural Association Organic Food Federation Scottish Quality Wild Venison Assurance Scheme	50% of the joining fee and ongoing membership costs, up to a maximum of £150 per scheme year for each quality assurance or organic scheme. The maximum amount of aid for participation in food quality schemes is £2,055.
9.  Wild bird seed mixture/unharvested crop	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant, either– (a) spring sows a mixture of annual crops, including at least one cereal which will provide seed for the targeted species and does not plough down until after 15th March the following year; or (b) spring sows a mixture of at least 2 crops, one of which must seed in the first year and one in the second year and ploughs in after 15th March following last seeding year. (3) For both options (a) and (b) above– (a) plots must be on arable land or improved grassland and a maximum of 2 hectares in size; and (b) pesticides may be applied where necessary to aid establishment of the crop; otherwise, no application of pesticides is permitted. (4) In Corn Bunting areas (East Scotland, Uists and Borders) either one year cereal based mixes must be established or where 2 year mixes are sown, at least 2 plots must be established in alternate years.	£391.26 per hectare per scheme year.
10.  Improvement of rush pasture for wildlife	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) manages areas of dense rushes (that is, areas of rush pasture which are over 50% rushes) by annual grazing or cutting (or both); and (b) between 1st August and 31st March inclusive either– (i) cuts a minimum of one third but no more than two thirds of the rushes in random patterns to leave an open variable mix of rushes and grass pasture; cutting must be undertaken close to the ground and at a minimum under half stem height; or (ii) grazes to remove and thin rushes by a minimum of one third but no more than two thirds; and (c) does not permit heavy poaching.	£100 per hectare of the areas of dense rushes per scheme year.
11.  Summer cattle grazing	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) turns cattle out onto unenclosed or hill land on or before 1st June and keeps them there for at least 3 months; (b) ensures that grazing is evenly distributed and does not damage the land and that there are adequate sheltered areas where the ground is firm and free draining; (c) ensures that there is at least one bovine per 25 hectares; and (d) ensures that the cattle are– (i) at least 6 months of age at the start of the grazing period; and (ii) owned or leased under a written lease.	£1.30 per hectare of land on which the cattle are maintained, per scheme year.
12.  Management of moorland grazing	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option on moorland if the applicant– (a) prepares and implements a moorland grazing plan; which must be in place by the commencement of the undertaking and which takes account of the combined impacts of livestock and other grazing animals on the land; (b) includes in the plan a report on the current condition and management of the moorland and the proposed changes in shepherding, managing livestock and feeding practices that will benefit the environment and wildlife which the applicant will carry out; and (c) uses the moorland for agricultural livestock production.	£1.30 per hectare of the moorland grazing per scheme year.
13.  Management of linear features: hedgerows and hedgerow trees and dykes	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) carries out at least one of the options A or B below with the corresponding rates of payment as set out in column 3; (b) prepares a sketch map showing the location of the linear features proposed to be managed under this option; and (c) where the linear feature is also a property boundary, has gained the written consent of the owner or tenant of the neighbouring property for the application for aid under this option. option A Hedgerows and hedgerow trees – in which case the applicant must–
	(a) when managing for landscape benefits, cut the hedges on both sides a maximum of once every 2 years and cut only half of the length of the hedgerow in any one year; or (b) when managing for biodiversity benefits, cut the hedge on both sides a maximum of once every 3 years and cut only one third of the hedgerow in any one year.	£0.10 per metre up to a maximum of 50 metres per hectare of eligible land per scheme year.
	For both options (a) and (b) above the applicant must– (i) manage hedges over several years to be at least 1.5 metres tall and at least 2 metres wide at the base, in an A frame shape; (ii) cut back, trim or lop hedgerow trees only between 1st December and 1st March; and (iii) plant trees of native species and shrubs in accordance with the scheme guidance to fill in gaps in hedges; option B Dykes – in which case the applicant must–
	(a) repair and reinstate deteriorated and damaged drystane dykes using traditional local material to the standard and style normally found there; and (b) carry out such work only on dyking which has suffered minor damage or deterioration.	£0.10 per square metre (the area of a dyke shall be calculable by multiplying its length by its average height) up to a maximum of 50 square metres per hectare of eligible land per scheme year.
14.  Management of grass margins and beetlebanks	(1) This is a 5 year commitment. (2) For this option, suitable areas must be identified through an environmental or diffuse pollution audit. (3) An applicant is eligible for payment under this option if the applicant– (a) manages a strip between 1.5 metres to 6 metres in width in an arable field with a minimum width of 6 metres or more where the management is to benefit Hen Harriers, Corn Buntings, Barn Owl or Kestrel; (b) ensures that where the entire field is not sown to an arable crop, the minimum width of the arable area adjacent to the strip is 30 metres; (c) establishes the strip by sowing a suitable mix of grass seed, to include at least one species of nectar feeding plant, into a sterile seedbed; (d) does not apply fertiliser, slurry or farmyard manure to strips, spot treatment of injurious weeds or non native invasive weeds is permitted; (e) does not carry out scrub control except with the prior written agreement of the Scottish Ministers; (f) if grazing or topping the grass margin or beetlebank after harvest, ensures the average height of vegetation in the strip is not taken below 100 millimetres; (g) creates a sterile strip up to 0.5 metres in width which is then maintained by rotovation and herbicide along the inner edge of the grass margin; (h) retains any area adjacent to the strip in an arable crop for the duration of the undertaking; and (i) does not apply pesticides to the site. (4) In a mixed arable situation where an area will be put into grass or a non eligible crop after 3 years, the beetlebank or grass margin may be transferred to another eligible field for the remaining 2 years of the undertaking. In this situation, a beetlebank or grass margin may only be transferred once during the relevant period of the undertaking. On organic farms where the normal rotation is a 2 year cycle, the beetlebank or grass margin may be moved twice during the 5 year period of the undertaking to ensure that the area is in an eligible crop. Details of the beetlebank or grass margin to be “rotated” in this way including field identifiers and area measurements must be submitted with the application for aid. (5) Beneficiaries are not eligible for additional payment to control scrub or injurious weeds or non native invasive weeds.	£473.76 per hectare per scheme year.
15.  Biodiversity cropping on in bye land	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) sows plots of spring cereals, fodder root crops or fodder rape, each up to 2 hectares; their total area must not exceed 4 hectares; (b) only undertakes cultivation and the spreading of fertilisers between 1st March and 15th May inclusive each year. Exceptionally, for fodder rape or root crops, cultivations may be carried out after 15th May, any nests located must be marked and avoided; (c) does not apply herbicides or insecticides without the prior written consent of the Scottish Ministers; (d) does not apply pesticides to the site; (e) after cropping does not plough or cultivate the area before 1st March of the following year; and (f) maintains the same area of cropped land in each year of the undertaking. (3) Any cropping rotation and crop within that rotation which is traditional in the area is eligible. Arable silage is not an eligible crop. (4) Land which is in conversion to organic production under an undertaking under either the 2008 Regulations, the 2004 Regulations or the 1994 Regulations is not eligible.	£70.94 per hectare of the sown plots per scheme year. Where cereal crop is harvested by binder and the stooks gathered into stacks £470.94 per hectare per scheme year.
16.  Management of conservation headlands	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant–
	(a) manages conservation headlands with a minimum width of 6 metres in arable fields on which cereals, linseed, oilseed or protein crops are being grown; conservation headlands can adjoin both autumn and spring sown crops; conservation headlands adjoining fields where the cereal is to be harvested for arable silage before the grain is ripe are not eligible; and	£70 per hectare.
	(b) does not apply broadleaf herbicides and insecticides to the headland without the prior written consent of Scottish Ministers.
	(3) A premium rate of payment is available when the applicant does not apply nitrogenous fertiliser to the conservation headland.	Premium rate £135.14 per hectare.
	(4) A supplement is available when the applicant retains conservation headland stubbles until at least the end of February.	Supplement rate £21 per hectare.
	(5) In all cases– (a) where this option is carried out in a field which is in nitrate vulnerable zone the margin or buffer must start after the 2 metre margin or buffer on which no fertiliser may be applied in accordance with the Nitrates Action Programme; and (b) the location of the areas managed for the purpose of this option may change each year but the number of hectares applied for in any year must be maintained for 5 years.
17.  Retention of winter stubbles	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) retains stubbles from the harvest of spring or winter cereals, protein or oilseed crops and does not plough or cultivate the area until the end of the following February; and (b) from crop emergence up to and including the last day of February each year does not apply herbicides and insecticides without the prior written consent of the Scottish Ministers. (3) Arable silage is not eligible under this option. (4) The location of the areas managed for the purposes of this option may change from year to year but the number of hectares applied for in any year must be maintained for 5 years.	£96 per hectare of the winter stubbles retained per scheme year.
18.  Small scale woodlands creation	(1) An applicant is eligible for payment under this option if the applicant– (a) plants a new woodland between 0.1 and 1.0 hectare with native species only; (b) follows the guidance entitled “The creation of small woodlands on farms” published by the Forestry Commission Scotland(1); (c) establishes conifers at a density of 2,500 trees per hectare and broadleaves at a density of 1,100 trees per hectare and maintains as such for 10 years; (d) protects trees from damage from livestock, rabbits and deer; (e) follows sound silvicultural practice for planting and maintenance and resolves any site problems; and (f) prior to planting, consults Scottish Natural Heritage on any woodland that could affect a SSSI site or a European site and consults Historic Scotland on any woodland that could affect any site designated as a scheduled monument under the Ancient Monuments and Archaeological Areas Act 1979(2) and obtains any necessary consents.	£2,500 per hectare.
19.  Management of small woodlands	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant has a woodland holding of 30 hectares or less managed in accordance with the UK Forestry Standard and carries out the following– (a) carries out an assessment on the condition of all the woodland and identifies and records in a plan, work that is required during the 5 years of the undertaking; (b) protects all woodland from damage by domestic and wild animals; (c) does not allow the presence of non native vegetation, in the canopy or shrub layers of native woodland, to threaten the condition of the native woodland; (d) does not allow any operations in and around the woodland to have a significant adverse impact on habitats and species of national or regional importance or on features of cultural importance; (e) carries out management and operations to ensure that the overall character of the site is maintained; and (f) keeps woodland free of inappropriate materials and waste, which is within their control.	£28 per hectare per year for woodland managed in accordance with the plan. A supplement of £41 per hectare per year for the removal of domestic livestock.
20.  Improving access	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant–
	(a) upgrades and marks existing paths or routes and enables paths that were previously only footpaths to be made accessible to all types of user; the path or route must meet at least one of the following criteria, it must– (i) link to local networks; (ii) give access to points of attraction; (iii) meet the local needs of all types of user including access to core paths as defined in accordance with section 17 of the Land Reform (Scotland) Act 2003(3); and	75% of actual costs per item paid in arrears.
	(b) provides a boardwalk, bridge or culvert where such item is directly associated with (2)(a) above. Different items can be claimed but each item can be claimed only once.	75% of the capital cost of boardwalks, bridges and culverts, up to a maximum of £150 per item. This is a one off payment per item paid in arrears.
	(3) In all cases, the applicant must– (a) submit a 1:10,000 scale map with their application for aid, which identifies the location of the path or route and the location and type of eligible item being claimed; (b) submit a copy of the map to the local authority within the meaning of section 32 of the Land Reform (Scotland) Act 2003; and (c) ensure the path/route and boardwalks, bridges and culverts meet the requirements as set out in the scheme guidance. (4) Tarmac/bitumen surfaced motor vehicle tracks are ineligible for upgrading under this option. (5) The bridge capital item available under this option is only eligible where the bridge is of a type which is not designed for motorised vehicle use, other than one which has been constructed or adapted for use by a person who has a disability. The bridge must be for members of the public exercising their rights under Part 1 of the Land Reform (Scotland) Act 2003 and must link 2 paths or routes together and cannot be used for vehicle infrastructure purposes. (6) Paths already being enhanced, managed or maintained by another organisation or individual are ineligible under this option.
21.  Active management to improve the condition of vernacular rural buildings, archaeological or historic sites and historic landscapes	(1) An applicant is eligible for payment if the applicant is a rural land manager with eligible buildings or sites and if the applicant undertakes either or both of the following options– option A carries out management works to improve the condition of specified archaeological or historic sites or historic landscapes; or option B carries out, in accordance with the scheme guidance, active management and repair of specified pre 1940 rural buildings of traditional character for the area that are structurally sound but in need of small scale repairs, excluding buildings designated as scheduled monuments under the Ancient Monuments and Archaeological Areas Act 1979(4). (2) Where an applicant undertakes option A above the following applies– (a) the applicant must– (i) keep a photographic record of each site managed before management commences, during year 3 of the undertaking and during year 5 of the undertaking; and (ii) consult Historic Scotland before carrying out any work on a site designated as a scheduled monument under the Ancient Monuments and Archaeological Areas Act 1979 and comply with that Act; (b) an applicant is eligible for payment if they undertake any of the following works– (i) control of vegetation through methods which do not cause ground disturbance. Vegetation controlled must have a trunk diameter of less than 10 cm; (ii) grazing control to retain adequate grass or heather cover and prevent the establishment of scrub, woody plants, and trees using methods that do not require the addition of any new or temporary fencing. If grazing ceases manual methods must be introduced; (iii) establishment of a 10 metre unploughed buffer zone around visible archaeological or historic sites; or (iv) taking a crop mark site out of cultivation and sowing to grass. When establishing the sward, ploughing depth must not exceed 100 millimetres; and (c) an applicant must submit a record of labour hours and costs incurred on materials and machinery use (in the form of receipts where possible) in support of a claim for payment. If an applicant undertakes the work themselves, the skilled labour hourly rate will apply. If an applicant employs a contractor to undertake the work on their behalf, receipted invoices must be provided in support of a claim for payment. (3) Where an applicant undertakes option B above the following applies– (a) an applicant must– (i) keep a photographic record of each building to be managed before management commences, during year 3 of the undertaking and during year 5 of the undertaking; and (ii) undertake a precautionary survey to assess for the presence of protected species prior to works commencing; (b) an applicant is eligible for payment if the applicant submits a record of labour hours and costs incurred on materials and machinery use (in the form of receipts where possible) in support of a claim for payment. If an applicant undertakes the work themselves, the skilled labour hourly rate will apply. If an applicant employs a contractor to undertake the work on their behalf, receipted invoices must be provided in support of a claim for payment; and (c) an applicant is not eligible for payment– (i) if the building managed is used for human habitation or occupation, either permanent, temporary or seasonal; (ii) if the works proposed to the building require either planning permission within the meaning of the Town and Country Planning (Scotland) Act 1997(5), listed building consent within the meaning of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(6) or a building warrant within the meaning of section 8 of the Building (Scotland) Act 2003(7); or (iii) if the applicant is already receiving payment under the 2008 Regulations or under another land managers option for non productive investments as defined in Article 36(b)(vii), Article 41 and Article 49 of Council Regulation 1698/2005 on the same building.	For option A, annual payment in arrears, at 100% of actual costs incurred during the claim year. For option B, annual payment in arrears, at 75% of actual costs incurred during the claim year.

(1)

“The creation of small woodlands on farms” was published in 2006, ISBN Number 085538 691 6 and is available on line at www.forestry.gov.uk or by contracting Forestry Commission Scotland, Silvan House, 231 Corstorphine Road, Edinburgh, EH12 7AT.

(2)

1979 c. 46.

(3)

2003 asp 2.

(4)

1979 c. 46.

(5)

1997 c. 8.

(6)

1997 c. 9.

(7)

2003 asp 8.