The Rural Stewardship Scheme (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rural Stewardship Scheme (Scotland) Regulations 2001 (“the principal Regulations”), which implemented 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 (as now replaced by Commission Regulation No. 817/2004 (O.J. No. L 153, 30.4.2004, p.30)). 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 principal Regulations as follows–

(a) in regulation 2 (interpretation)–

(i) to insert definitions of the Crofters (Scotland) Act 1993 and the Agricultural Holdings (Scotland) Act 2003 and to update the reference to an EC Commission Regulations (regulation 3(a) and (b));

(ii) to insert new definitions for 5 different categories of entrants into the Rural Stewardship Scheme who are eligible for one of the two sets of payments rates for management activities set out in Schedule 4 (regulation 3(c) and (e);

(iii) to amend the definitions of landlord and tenant (regulation 3(d) and (f));

(b) in regulation 3 (payments of aid to enhance the environment) to amend the meaning of an applicant to whom aid may be paid (regulation 4);

(c) in regulation 8 (rates of payment) to change the rates of payment to take account of the 5 different categories of entrants into the Scheme (regulation 5);

(d) in regulation 10 (change of occupation) to make provision for when a landlord and a tenant take on undertakings jointly (regulation 6);

(e) in Schedule 2 (management activities)–

(i) to amend the management requirements for: bracken eradication programmes for species rich grassland, coastal or lowland heath; the creation and management of species rich grassland; the creation and management of wetland; the management of water margin; bracken eradication programmes for moorland; the management of grass margin or beetlebank in arable fields; and the management of native or semi-natural woodland (regulation 7(a), (b), (d), (f), (g), (j), (k), (m), (n), (o) and (p));

(ii) to amend the site eligibility requirements for: the creation and management of species rich grassland; the creation and management of wetland; the management of water margin; stock disposal; and spring cropping (regulation 7(c), (e), (h), (i), (l) and (q));

(iii) to introduce a new management activity for the creation and management of early and late cover for corncrakes (regulation 7(r));

(f) in Schedule 3 (capital activities) to amend the requirements for bracken eradication (regulation 8);

(g) in Schedule 4 (rates of payments for activities) to substitute a new Part I (management activities) to provide two sets of payment rates, the first of which applies to 3 of the categories of entrants and a second set, which applies to 2 categories of entrants (regulation 9); and

(h) in Schedule 5 (interpretation of schedules) to insert definitions of ancient wood pasture, seed of at least UK stock and spring cropping (regulation 10 (a), (b) and (c)).

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