Agriculture and Rural Communities (Scotland) Act 2024

Prospective

Schedule 1 S Purposes of support

(introduced by section 6)

Part 1 S General

Application S

1 (1) The purposes described in this schedule are the purposes for which support may be provided under section 6.

(2) Support may be provided for any combination of purposes that the Scottish Ministers consider appropriate.

(3) Without limit to the generality of section 35(1), support may be provided for the purposes of assisting—

(a) different descriptions of person,

(b) different types of activity,

(c) activity on different types of land or land with different properties or characteristics, and

(d) activity on land in different areas.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 38(2)

Part 2 S Agriculture, food and drink

Farming etc. S

2 (1) Assisting persons to carry out agricultural activities.

(2) For the purposes of this schedule, references to agriculture include—

(a) horticulture,

(b) growing crops, including fruit, seeds and plants grown for the production of energy or other non-food purposes,

(c) dairy farming,

(d) livestock breeding and keeping (including apiculture),

(e) deer and game farming,

(f) the use of land as grazing land, meadow land, osier land,

(g) market gardens and nursery grounds, and

(h) the use of land for woodlands where that use is ancillary to the farming of the land for other agricultural purposes, including—

(i) providing shelter to livestock,

(ii) reducing flood risk,

(iii) reducing soil loss,

(iv) reducing risks to wader birds, including curlew.

(3) In this paragraph, “horticulture” means the growing and harvesting of horticultural crops, including fruit, vegetables, tubers, mushrooms, herbs, bush and tree nuts and seeds.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 38(2)

Particular products or sectors S

3 (1) Assisting persons to produce (or produce in a particular way) a product listed in sub-paragraph (3) with a view to—

(a) ensuring that agricultural activity (or activity of a particular type) continues or evolves to support a transition to a sustainable land management regime in a particular area or on a particular type of land,

(b) ensuring that agricultural activity of a particular type continues,

(c) contributing to the economic or social wellbeing of an area,

(d) delivering an environmental benefit (such as the preservation of wildlife or a natural habitat).

(2) This purpose includes assisting persons to undertake an ancillary activity in respect of a product listed in sub-paragraph (3).

(3) The products are—

(a) cereals,

(b) oilseeds,

(c) protein crops,

(d) grain legumes,

(e) flax,

(f) hemp,

(g) wool,

(h) nuts,

(i) herbs,

(j) starch potato,

(k) milk and milk products,

(l) seeds,

(m) sheep meat, pig meat and goat meat,

(n) beef and veal,

(o) poultry meat and eggs,

(p) venison,

(q) dried fodder,

(r) hops,

(s) sugar beet,

(t) cane and chicory,

(u) fruit and vegetables, and

(v) short rotation coppice.

(4) In this paragraph, an “ancillary activity” is an activity of selling, marketing, preparing, packaging, processing or distributing a product.

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 38(2)

Food and drink S

4 (1) Assisting persons to—

(a) produce or process food,

(b) use organic practices, methods or systems for food production or processing,

(c) meet certification requirements for organic food production or processing,

(d) encourage agricultural and scientific innovation.

(2) This purpose includes assisting persons to undertake an ancillary activity in respect of the production or processing of food.

(3) In this paragraph, an “ancillary activity” is an activity of selling, marketing, preparing, packaging or distributing food.

(4) In this schedule, a reference to—

(a) food includes drinks, and

(b) producing food includes hunting or catching wild animals, or picking wild plants, for food.

(5) For the purposes of this paragraph, “animal” means a vertebrate (other than a human) or invertebrate.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 38(2)

Part 3 S Forestry

Forestry S

5 (1) Assisting persons to—

(a) create areas of woodland (except, or only to the extent permitted, on specified land),

(b) manage woodland (and the creation of new areas of woodland) in a sustainable way, including by—

(i) preparing plans for the creation and management of woodland,

(ii) undertaking conservation, and

(iii) improving woodlands, access to areas of woodland and woodland infrastructure,

(c) develop and use systems in which trees are grown in combination with agricultural activity,

(d) prevent damage to trees and woodland from fires, natural disasters and other adverse events (including the outbreak of a disease or pests) and restore trees and woodland after such events,

(e) undertake an ancillary activity.

(2) For the purpose of sub-paragraph (1)(a), “specified land” means land of such description as is specified in regulations made under section 15 as being unsuitable for woodland.

(3) In this paragraph, an “ancillary activity” is an activity of selling, marketing, preparing, packaging, processing or distributing a product derived from a forestry activity.

(4) This paragraph is without prejudice to the duties contained in section 2 of the Forestry and Land Management (Scotland) Act 2018 (duty to promote sustainable forest management).

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 38(2)

Part 4 S Rural communities and economy

Venison supply chains and infrastructure S

6 Assisting persons who work in, operate, or seek to establish venison supply chains and infrastructures, such as deer larders and access to carcass removal.

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 38(2)

Rural communities S

7 (1) Assisting persons—

(a) to live, work or operate in rural areas (or assist or encourage others to do so),

(b) to invest in infrastructure and services in and for rural areas.

(2) Assisting persons living, working or operating in a rural area to—

(a) produce and implement strategies for the development of the area, including identification of rural anchor institutions,

(b) co-operate or act jointly with other persons for or in connection with another purpose described in this schedule.

(3) Assisting persons to establish or maintain a network of persons involved in rural development.

(4) For the purpose of this paragraph, “rural anchor institution” means a body, or network of bodies, which—

(a) is situated in or near a particular rural community, and

(b) makes a significant contribution to the economic sustainability, resilience, or growth of, or culture in, that community.

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 38(2)

Community benefits S

8 Assisting persons to create community benefits, including—

(a) clean air,

(b) clean water,

(c) carbon sequestration,

(d) biodiversity gains,

(e) access to nature,

(f) wider economic and social benefits.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 38(2)

Investing in rural businesses and enterprises S

9 (1) Assisting persons to—

(a) start a business or enterprise (whether or not for profit)—

(i) relating to agriculture, food production or processing, forestry, nature restoration or other rural land use activity, or

(ii) otherwise, in or for a rural area or community,

(b) develop, sustain or change such a business or enterprise (including improving productivity or diversifying into other activities),

(c) improve the resilience of such a business or enterprise,

(d) recover from or adapt to events which have (or may have) a negative impact (including exceptional adverse events such as a natural disaster or the outbreak of a disease or pests) on such a business or enterprise or the activities of such a business or enterprise.

(2) For the purposes of this paragraph, “enterprise” includes co-operative societies and similar organisations.

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 38(2)

Knowledge, innovation, education and training S

10 (1) Assisting persons—

(a) to establish, develop, deliver or undertake—

(i) courses of training or professional development relating to agriculture, forestry, food production or processing, animal health and welfare or genetic resources, land use or related sectors (such as sectors providing services to agriculture),

(ii) other forms of learning and sharing information relating to those sectors,

(b) to provide or obtain advice—

(i) relating to agriculture, food production or processing, forestry, animal health and welfare or genetic resources or other land use, or

(ii) otherwise, relevant to persons living, working or operating in rural communities,

(c) to research, develop, introduce or test new or improved (whether in terms of efficiency, productivity, sustainability or otherwise)—

(i) crops and other agricultural products,

(ii) forestry products,

(iii) animal health and welfare or genetic resources, methods or systems,

(iv) agricultural or forestry activities, methods or systems,

(v) methods or systems of food production and processing,

(d) to undertake other research or development activities which may—

(i) support those living, working or operating in rural areas,

(ii) improve or support rural land (or land use), or

(iii) improve or support the environment,

(e) to undertake ancillary activities.

(2) In this paragraph, “ancillary activities” include developing and maintaining resources, digital tools or databases for or in connection with the purposes described in sub-paragraph (1)(a) to (d).

(3) For the purposes of this paragraph, “animal” means a vertebrate (other than a human) or invertebrate.

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 38(2)

Integrated land management S

11 (1) Assisting persons to develop and implement integrated land management plans.

(2) An integrated land management plan is a plan—

(a) agreed between a person and a relevant authority,

(b) which provides for the management and use of land and natural resources in such manner and with a view to achieving such an outcome as the plan may specify.

(3) In this paragraph, “relevant authority” means the Scottish Ministers, a local authority, a national park authority or such other authority with functions relating to land management as the Scottish Ministers consider appropriate.

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 38(2)

Quality schemes and producer groups S

12 Assisting persons to establish or participate in—

(a) schemes or programmes which certify that a particular agricultural product, forestry product (or a by-product)—

(i) meets, or is produced according to, standards set by the organisers of the scheme or programme,

(ii) is produced in a particular place or in a particular way,

(b) groups of producers of particular agricultural or forestry products.

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 38(2)

Preservation of historic and cultural sites S

13 Assisting persons to protect or enhance the conditions of sites of historic or cultural interest.

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 38(2)

Recreational access to land S

14 Assisting persons to provide, maintain, facilitate and improve access for recreation to land (including land covered with water) in rural areas.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 38(2)

Nature-based economy S

15 Assisting persons to invest in nature-based enterprises in rural areas.

Commencement Information

I15 Sch. 1 para. 15 not in force at Royal Assent, see s. 38(2)

Part 5 S Rural land management and the environment

Plants and soil S

16 Assisting persons to promote, protect or improve—

(a) plant health,

(b) plant genetic resources,

(c) soil health and quality, including, in particular—

(i) the physical, chemical and biological condition of the soil, determining its capacity to function as a vital living system and to provide ecosystem services,

(ii) the carbon capacity of the soil.

Commencement Information

I16 Sch. 1 para. 16 not in force at Royal Assent, see s. 38(2)

Greenhouse gases and climate change S

17 (1) Assisting persons to—

(a) implement measures to monitor and reduce greenhouse gas emissions from agriculture,

(b) take action in respect of those parts of the climate change plan as apply to the sectors of agriculture, forestry, land use and land use change,

(c) adapt to or mitigate against changes to the natural environment (whether attributable to climate change or otherwise),

(d) take action in respect to any relevant plan, policies or objectives relating to agriculture, forestry, land use and land use change.

(2) In this paragraph, “greenhouse gas” has the same meaning as in section 10 of the Climate Change (Scotland) Act 2009.

(3) In this paragraph, “climate change plan” means the climate change plan prepared and laid before Parliament under section 35 of the Climate Change (Scotland) Act 2009 and the reference to particular sectors are to be construed in accordance with that section.

Commencement Information

I17 Sch. 1 para. 17 not in force at Royal Assent, see s. 38(2)

Natural environment S

18 (1) Assisting persons to carry out activities that monitor, preserve, protect, improve or restore biodiversity and the natural environment (in any respect).

(2) Assisting persons to set aside land for the natural environment and to prevent further biodiversity loss.

(3) Assisting persons to carry out deer management activities in order to enhance or protect the natural environment.

(4) Compensating persons in respect of additional costs incurred and income lost by the person in consequence of the implementation of environmental improvement measures including, in particular, measures taken in consequence of an enactment or international agreement.

(5) Assisting persons to carry out activities that preserve or protect land, water, the water holding capacity of land or other resources from the natural environment or human activity (for example, by promoting flood resilience or controlling invasive non-native species).

(6) Assisting persons who have sustained loss or damage in consequence of—

(a) the reintroduction of a native species of plant or animal (including species which were, but are no longer, native to the area of reintroduction by reason of having become extinct in part or all of Scotland),

(b) the activity of a species of wild animal—

(i) which is considered by the Scottish Ministers to have conservation value, and

(ii) the killing or control of which is limited or prohibited by an enactment or an agreement (for example, a lease or other land management agreement).

(7) For the purposes of this paragraph, “animal” means a vertebrate (other than a human) or invertebrate.

Commencement Information

I18 Sch. 1 para. 18 not in force at Royal Assent, see s. 38(2)

Animals S

19 (1) Assisting persons to promote, protect or improve—

(a) animal health and welfare,

(b) animal genetic resources.

(2) For the purposes of this paragraph, “animal” means a vertebrate (other than a human) or invertebrate.

Commencement Information

I19 Sch. 1 para. 19 not in force at Royal Assent, see s. 38(2)

Part 6 S Administrative and technical support and monitoring

Administrative and technical support S

20 Assisting persons to—

(a) understand and access the support to which a person is entitled under this Act,

(b) comply with the requirements of a scheme or any condition imposed in connection with support provided to the person or to which the person may be entitled.

Commencement Information

I20 Sch. 1 para. 20 not in force at Royal Assent, see s. 38(2)

Monitoring and reporting on effectiveness of support S

21 Assisting persons to monitor, gather data, prepare reports on, or otherwise provide information in relation to assessing the effectiveness of support provided under this Act.

Commencement Information

I21 Sch. 1 para. 21 not in force at Royal Assent, see s. 38(2)