The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 3) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 (“the 2008 Regulations”) which introduce measures to supplement Council Regulation (EC) No. 1698/2005 (O.J. No. L 277, 21.10.2005, p.1) (“the Council Regulation”) laying down general rules governing Community support for rural development (financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No. 1290/2005 (O.J. No. L 209, 11.8.2005, p.1)) and Commission Regulation (EC) Nos. 1974/2006 (O.J. No. L 368, 23.12.2006, p.15) and 1975/2006 (O.J. No. L 368, 23.12.2006, p.74) laying down detailed rules for the application of the Council Regulation.

The 2008 Regulations provide for the payment of aid to be made available by the Scottish Ministers from the Scotland Rural Development Programme 2007‑13 to any person who enters into an undertaking with the Scottish Ministers to carry out, or as the case may be, carry out and maintain the activities relevant to at least one of the rural priorities options set out in Schedule 2, and where relevant one or more than one of the capital items set out in relation to a particular rural priorities option as set out in Schedule 3.

The Regulations amend the 2008 Regulations by inserting a new definition for Council Regulation (EC) 73/2009 which repealed Council Regulation (EC) 1782/2003 and makes relevant amendments (Regulations 3, 4, 5 and 6).

Further relevant amendments are made in respect of the repeal of Council Regulation (EEC) 2092/91 and its replacement by Council Regulation (EC) 834/2007 (Regulations 7 and 8).

New definitions of “community woodland” and “control body” added to Schedule 1 to the 2008 Regulations (Regulation 7).

Regulation 8 also amends option 35 in Schedule 2 of the 2008 Regulations to remove the requirement concerning buffer zones in a Nitrate Vulnerable Zone. It amends option 60 to add a new supplementary payment rate for community woodland and in option 62 makes minor textual amendments and clarifies timing of payments.

The Regulations amend Tables B, C and D in part 2 of Schedule 2 to the 2008 Regulations by making a change to woodland stocking density (Table B); adding an additional payment rate for new deer fence (Table D) and substituting a new Table C and further amending Table D to give effect to changes to standard cost rates for the establishment and maintenance of woodland.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.