The Environmentally Sensitive Areas (Loch Lomond) Designation (Amendment) Order 1988

Statutory Instruments

1988 No. 492 (S.54)

AGRICULTURE

The Environmentally Sensitive Areas (Loch Lomond) Designation (Amendment) Order 1988

Made

10th March 1988

Laid before Parliament

24th March 1988

Coming into force

14th April 1988

Whereas, pursuant to section 18(1) of the Agriculture Act 1986((1)), the Secretary of State has by order designated an area of Loch Lomond lying partly within the Stirling District of Central Region and partly within the Dumbarton District of Strathclyde Region as an environmentally sensitive area;

And whereas, pursuant to section 18(4) of the said Act, the Secretary of State has specified in the order designating the area the requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in agreements made under section 18(3) of the said Act as respects agricultural land in that area;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 18(1), (4) and (11) of the Agriculture Act 1986 and of all other powers enabling him in that behalf, with the consent of the Treasury, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Environmentally Sensitive Areas (Loch Lomond) Designation (Amendment) Order 1988 and shall come into force on 14th April 1988.

(2) In this Order “the principal Order” means the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987((2)).

Amendment of principal Order

2.  The principal Order shall be amended in accordance with articles 3, 4 and 5 below.

3.  In article 2 (Interpretation) there shall be inserted before the definition of “enclosed land” the following definition:—

““cow” means a female bovine animal which has calved at least twice;” .

4.  In article 2 (Interpretation) for the definition of “livestock unit” there shall be substituted the following definition:—

• ““livestock unit” means—

  (a)

  1 cow, or

  (b)

  l.25 bovine animals (other than cows) over two years old, or

  (c)

  1.6 bovine animals (other than cows) from one year old to two years old inclusive, or

  (d)

  2.5 bovine animals less than one year old, or

  (e)

  6.66 sheep;”.

5.  After paragraph 17(b)(ii) of the Schedule there shall be added the following:—

“(iii) any additional fencing work that may be necessary to implement the requirements specified in paragraphs 6 and 10 above.” .

Sanderson of Bowden

Minister of State, Scottish Office

New St Andrew’s House,

Edinburgh

2nd March 1988

We consent,

Peter Lloyd

Michael Neubert

Two of the Lords Commissioners of Her Majesty’s Treasury

10th March 1988

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987 (“the principal Order”). The changes are as follows:—

(a) the insertion of a definition of “cow” (article 3);

(b) the substitution of a new definition of “livestock unit” (article 4); and

(c) the addition of fencing, required to encourage heather regeneration or protect archaeological remains, in the conservation plan, making such fencing eligible for additional payments under article 7 of the principal Order (article 5).

(1)

1986 c. 49

(2)

S.I. 1987/654