The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations establish an action programme for the nitrate vulnerable zones which were designated in Scotland by regulation 3(1) of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (S.S.I. 2002/276) and regulation 3 of the Designation of Nitrate Vulnerable Zones (No. 2) (Scotland) Regulations 2002 (S.S.I. 2002/546). The Regulations further implement, as regards Scotland, the requirements in Article 5 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L 375, 31.12.91, p.1) to establish such a programme for those zones.

2.  Regulation 3 of these Regulations requires the occupier of a farm which is in a nitrate vulnerable zone to ensure that the action programme set out in the Schedule to the Regulations is implemented in relation to the part of the farm which is in the nitrate vulnerable zone.

3.  These Regulations provide for monitoring of the action programme (regulation 6), for notices to be served requiring remedial action where there is, or has been, a contravention of the requirement in regulation 3 to ensure the action programme is implemented (regulation 4), and for a procedure to appeal against notices requiring remedial action (regulation 5).

4.  Breaches of regulations 3, 4 and 6 are made criminal offences (regulation 7).

5.  A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Scottish Parliament and copies can be obtained from the Water Environment Unit, Scottish Executive Rural Affairs Department (SEERAD), Victoria Quay, Leith EH6 6QQ.