The Farm Woodland Premium Schemes and SFGS Farmland Premium Scheme Amendment (Scotland) Scheme 2007

Explanatory Note

(This note is not part of the Scheme)

This Scheme, made under section 2 of the Farm Land and Rural Development Act 1988, amends the Farm Woodland Premium Scheme 1992, the Farm Woodland Premium Scheme 1997 and the SFGS Farmland Premium Scheme 2003 (“the Schemes”).

The Schemes provide for the payment of annual grants to abate financial losses incurred in consequence of the conversion of agricultural land to use for woodlands.

In this Scheme–

(a) paragraph 3 inserts a new paragraph 4A in the SFGS Farmland Premium Scheme 2003, providing that the Scottish Ministers shall not grant an application to enter that scheme unless the application is received by them, or on their behalf, prior to the coming into force of this Scheme;

(b) paragraph 4(1) amends the Schemes to insert a definition of Council Regulation 1782/2003 of 29th September 2003 (O.J. No. L 270, 21.10.2003, p.1) and paragraph 4(2) and (3) implements changes required by the replacement of previous European Community direct payment schemes with the Single Payment Scheme under Council Regulation (EC) 1782/2003. Where applicants with land converted under the Schemes count any of that land towards their set aside requirement under the Single Payment Scheme, the payment under the Schemes in the year of that Single Payment Scheme application will be reduced by the amount of the set aside payment received in respect of any of that land under the Single Payment Scheme. This implements the rule, in Article 38 of Council Regulation (EC) 1257/1999 (O.J. No. L 160, 26.6.1999, p.80), which prohibits double funding of the same measure under different European Community provisions; and

(c) paragraph 4(4) cures a typographical error in the SFGS Farmland Premium Scheme 2003.

A regulatory impact assessment has not been carried out as there is no impact on the costs to business.