The Countryside Premium Scheme (Scotland) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland only, provide for payment of a grant in respect of an undertaking to follow the general environmental conditions set out in Schedule 1 to the Regulations and to carry out at least one of either the management activities set out in Schedule 2 or the capital activities set out in Schedule 3 (regulations 3(1), (2) and (3) and 9(1), (2) and (3)).

The grant payable in respect of an undertaking is, subject to provisions in relation to the maximum amount payable, calculated with reference to the activities to be undertaken (regulation 8). The maximum payment rate in relation to each activity is specified in Schedule 4.

The Regulations also provide for payment of a grant towards the cost of a conservation audit included in an application for grant in respect of an undertaking and where an application includes activities to benefit moorland, a grant towards the cost of the moorland management plan submitted with the application (regulations 3(4) and 9(4)).

The Regulations supplement Council Regulations (EEC) No 2078/92 (OJ L215,30.7.92, p.85) (“the Council Regulation”) on agricultural methods compatible with the requirements of the protection of the environment and the maintenance of the countryside and include provisions to meet the requirements of Commission Regulation (EC) No 746/96 (OJ L 102, 25.4.96, p.19) (“the Commission Regulation”) laying down detailed rules for the application of the Council Regulation. Commission Decision (C(89)97) of 23 January 1997 approved in part the agri-environmental programme entitled “the Countryside Premium Scheme” to which the Regulations give effect. Insofar as thus approved, grant paid under the Regulations is subject to the provisions in implement of the Commission Regulation (regulations 7, 9(5), 10(10), 12(3) and 13). Those provisions are made under section 2(2) of the European Communities Act 1972.

The Regulations also–

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

(b) make provision in respect of applications for grant in relation to common grazings (regulation 5);

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

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

(e) impose an obligation on applicants to permit entry and inspection (regulation 11);

(f) make provision in relation to the withholding and recovery of grant (regulation 12); and

(g) make provision as to the recovery of payments (regulation 14).