The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

Undertakings S

9.—(1) A beneficiary must give the Scottish Ministers an undertaking to carry out, or as the case may be, to carry out and maintain at least one of the activities set out in column 2 of Schedule 2 in accordance with the eligibility conditions and requirements set out in the paragraph which begins that Schedule and that column and, as the case may be, column 3 of that Schedule in relation to that activity unless an activity must be undertaken in conjunction with another activity under either the same or a different rural priorities option as set out in Schedule 2.

(2) Each undertaking given must be for a period as determined by the Scottish Ministers (“the relevant period”) and in the case of an undertaking to carry out activities under area related options the relevant period must be not less than 5 years.

(3) More than one relevant period may apply in relation to different undertakings or activities to be carried out or carried out and maintained in terms of an undertaking.

(4) The date of commencement of each undertaking and such activity shall be determined by the Scottish Ministers.

(5) Where an undertaking given under paragraph (1) specifies an activity or activities under any of the rural priorities options numbered 15 to 57 [F1 and 74 to 77] the beneficiary must also undertake, in relation to the whole of the beneficiary's holding, to comply with the following compliance requirements–

(a) the statutory management requirements established by [F2 Article 5 of and Annex II to Council Regulation 73/2009] as amended from time to time;

(b) the good agricultural and environmental conditions specified in regulation 4 of and the Schedule to the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 M1 ;

(c) the historic environment condition specified in Part 1 of Schedule 4 to these Regulations;

(d) the requirements applicable under the enactments specified in Part 2 of Schedule 4 to these Regulations.

(6) Where an undertaking given under paragraph (1) specifies an activity or activities under [F3 any of] the rural priorities options, the Woodland creation option numbered 60, or the Sustainable management of forests and woodlands option numbered 61 [F4 or the controlled livestock grazing of woodland option numbered 78] and no activity or activities under any of the rural priorities options numbered 15 to 57 [F5 and 74 to 77] are specified in such undertaking the beneficiary must also undertake, in relation to the whole of the beneficiary's holding to comply with the compliance requirements in paragraph (5)(a) and (b).

(7) Where an undertaking given under paragraph (1) specifies an activity or activities under area related options the beneficiary may also undertake to carry out one or more of the capital items set out in column 1 of Schedule 3.

(8) A beneficiary must give the Scottish Ministers any other such undertakings as the Scottish Ministers consider appropriate for the purposes of these Regulations.

Textual Amendments

F1 Words in reg. 9(5) inserted (28.6.2008) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/233), regs. 1, 4

F2 Words in reg. 9(5)(a) substituted (7.11.2009) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 3) Regulations 2009 (S.S.I. 2009/335), regs. 1, 5

F3 Words in reg. 9(6) substituted (18.12.2009) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 4) Regulations 2009 (S.S.I. 2009/411), regs. 1, 4(a)

F4 Words in reg. 9(6) inserted (18.12.2009) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 4) Regulations 2009 (S.S.I. 2009/411), regs. 1, 4(b)

F5 Words in reg. 9(6) inserted (28.6.2008) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/233), regs. 1, 4

Marginal Citations

M1 S.S.I. 2004/518 as amended by S.S.I. 2005/143 and 2007/99.