The Rural Stewardship Scheme (Scotland) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rural Stewardship Scheme (Scotland) Regulations 2001 (“the principal Regulations”), which implement Commission Regulation (EC) No. 1750/1999 (O.J. No. L 214, 13.8.99, p.31) on support for rural development from the European Agricultural Guidance and Guarantee Fund. The principal Regulations extend to Scotland only.

The principal Regulations provide for payment of aid to be made to any person who enters into an undertaking with the Scottish Ministers to comply with the general environmental requirements set out in Schedule 1 and to carry out, or as the case may be, to carry out and maintain at least one of either the management activities set out in Schedule 2 or the capital activities set out in Schedule 3. Schedule 4 to the principal Regulations makes provision for rates of payment for management and capital activities.

These Regulations amend the principle Regulations as follows–

(a) in Schedule 2 (management activities)–

(i) amend the management requirements for the extensive management of mown grassland for birds, the management of open grazed grassland for birds, the extensive management of mown grassland for corncrakes, the management of wet grassland for waders, the management of lowland raised bogs, the management of hedgerows and unharvested crops (regulation 2(2)(a) to (f), (h)(ii), (i) and (j) (ii));

(ii) amend the site requirements for the creation and management of species-rich grassland, management of lowland raised bogs, unharvested crops, conservation management plan with special measures for small units and the retention or introduction of cattle of native or traditional breed(s) (regulation 2(2)(g), (h)(i), (j) (i), (k) and (l));

(iii) introduce a new management requirement of the management of basin and valley mire buffer areas (regulation 2(2)(m));

(b) in Schedule 3 (capital activities)–

(i) introduce new capital activities of blocking ditches on lowland raised bogs and on created wetland, erosion control plan and provision of bat and bird boxes (regulation 2(3)(a));

(ii) introduce a new capital activity of amenity tree planting on a site not exceeding 0.25 hectares for designed landscapes only (regulation 2(3)(b));

(c) in Schedule 4 (rates of payment for activities)–

(i) amend the rates of payment for the management activities of creation and management of species-rich grassland, conservation management plan with special measures for small units and retention or introduction of breeding cattle of native or traditional breed(s) in crofting areas (regulation 2(4)(a)(i), (iii) and (iv));

(ii) introduce a rate of payment for the new management activity of management of basin and valley mire buffer areas (regulation 2(4)(a)(ii));

(iii) introduce rates of payment for the new capital activities of blocking ditches on lowland raised bogs and on created wetland, erosion control plan, provision of bat boxes, bird boxes and, on designed landscapes only and amenity tree planting on a site not exceeding 0.25 hectares (regulation 2(4)(b));

(iv) amend the definition of a small unit in respect of environmental audit payment rates (regulation 2(4)(c)).

No Regulatory Impact Assessment has been carried out in respect of these Regulations.