The Arable Area Payments Regulations 1996

Exemptions from the prohibition on sowing and preparation for sowing a crop on the set-aside land

13.—(1) Subject to sub-paragraph (2) below, a farmer may make preparations for sowing and sow any arable crop, temporary grass ley, traditional forage crop or other permitted crop on or after 15th July prior to the end of the current set-aside period.

(2) A farmer may neither sow nor make preparations for sowing an arable crop, temporary grass ley, traditional forage crop or other permitted crop, as otherwise permitted by sub-paragraph (1) above–

(a) in any field or part field which is to be set aside in the following scheme year (but is not to be used as land set aside for non-food purposes);

(b) in relation to a crop of a species or variety where, if the farmer followed standard agricultural practice in the locality in which that crop is sown, it would be expected that it would be harvested within the same scheme year as it is sown; or

(c) where the farmer intends to harvest any crop so sown during the current scheme year.

(3) For the purposes of this paragraph and regulation 11(4)(a), a traditional forage crop is a crop of a type commonly sown in the locality of the set-aside land for the purpose of being grazed by animals.

(4) For the purposes of this paragraph and regulation 11(4)(a), “other permitted crop” shall mean a crop which consists of one or more of the following–

(a) ornamental bulbs (which phrase shall be taken not to include onions or garlic),

(b) field grown trees or shrubs,

(c) cane fruits, or

(d) strawberries.