The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2004

This Scottish Statutory Instrument has been made in consequence of defects in S.S.I. 2004/70 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2004 No. 128

AGRICULTURE

The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2004

Made

15th March 2004

Laid before the Scottish Parliament

16th March 2004

Coming into force

18th March 2004

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2004 and shall come into force on 18th March 2004.

Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2004

2.—(1) The Less Favoured Area Support Scheme (Scotland) Regulations 2004(2) are amended in accordance with the following paragraphs.

(2) For regulation 14(3)(e), substitute–

“(e) inspect and verify that the applicant has complied with the environmental controls set out in Schedule 3 and with usual good farming practices.”.

(3) For regulation 18, substitute–

“18.   Schedule 8 applies to agency arrangements and to cross-border holdings.”.

(4) In Part I of Schedule 2, for item 8 substitute–

“8.   The Plant Protection Products (Scotland) Regulations 2003(3).”.

(5) For Schedule 9, substitute the Schedule contained in the Schedule to these Regulations.

ALLAN WILSON

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

15th March 2004

Regulation 2(5)

SCHEDULE

Regulation 2(1)

“SCHEDULE 9 COWAL PENINSULA

The areas of land within Argyll & Bute District comprising those parts of the parishes of Dunoon & Kilmun and Inverchaolain bounded as follows:–

• Starting in the North on the shore of Loch Striven at point national grid reference NS/095708; then in an easterly direction along the MOD boundary to point national grid reference NS/098708; then in a northerly direction along the MOD boundary to point national grid reference NS/097711; then in a north-easterly direction along the MOD boundary to point national grid reference NS/098711; then in a northerly direction along the MOD boundary to point national grid reference NS/098712; then in a north north-easterly direction along the MOD boundary to point national grid reference NS/099713; then in a north-easterly direction to point national grid reference NS/103714; then in a south-easterly direction to point national grid reference NS/107712; then in a easterly direction along the forestry fence to point national grid reference NS/111712; then in a southerly direction along the forestry fence to point national grid reference NS/110708; then in a south-easterly direction along the forestry fence to point national grid reference NS/112707; then in a south south-easterly direction along the forestry fence to point national grid reference NS/113704; then in a south-easterly direction to point national grid reference NS/114704; then in a southerly direction along the forestry fence to point national grid reference NS/114699; then in a south-westerly direction along the forestry fence to point national grid reference NS/112699; then in a south south-westerly direction along the forestry fence to point national grid reference NS/111693 where the forestry fence meets the A815; then in a southerly direction along the A815 to point national grid reference NS/112689; then in a north-easterly direction along the forestry fence to point national grid reference NS/114690; then in an east south-easterly direction along the forestry fence to point national grid reference NS/117688; then in a southerly direction along the forestry fence to point national grid reference NS/116685; then in a westerly direction to point national grid reference NS/114685 where the forestry fence meets a track; then in a southerly direction down the track to point national grid reference NS/114683; then in a westerly direction down a burn to point national grid reference NS/112682 where the burn meets the A815; then in a southerly direction down the A815 to point national grid reference NS/111679; then in a westerly direction to point national grid reference NS/110679 at the high water mark; then in a westerly direction for approximately 1200 metres which then turns in a northerly direction all along the shore back to the starting point of national grid reference NS/095708.”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Less Favoured Area Support Scheme (Scotland) Regulations 2004 (“the principal Regulations”). The amendments come into force on 18th March 2004.

Regulation 14(3)(e) of the principal Regulations is amended so that authorised persons are permitted to inspect and verify that environmental controls have been complied with as well as usual good farming practices (regulation 2(2)).

Regulation 18 of the principal Regulations is amended to clarify that Schedule 8 applies to agency arrangements and cross-border holdings (regulation 2(3)).

A minor amendment is made to Schedule 2 of the principal Regulations to update a legislative reference (regulation 2(4)).

Schedule 9 of the principal Regulations is replaced to correct minor errors in the boundary definition of the original description of the Cowal Peninsula (regulation 2(5)).

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

S.S.I. 2004/70.

(3)

S.S.I. 2003/579.