The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1997

Made5th June 1997

Laid before Parliament10th June 1997

Coming into force1st July 1997

Whereas, pursuant to section 18(1) of the Agriculture Act 19861, the Minister of Agriculture, Fisheries and Food has by order designated an area in the South West Peak as an environmentally sensitive area;

Now, therefore, the said Minister, in exercise of the powers conferred on him by section 18(1) and (4)2 of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury, hereby makes the following Order:

Title and commencement1.

This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.

Interpretation2.

In this Order “the principal Order” means the Environmentally Sensitive Areas (South West Peak) Designation Order 19933.

Amendment of the principal Order3.

The principal Order shall be amended in accordance with the following provisions of this Order.

Rates of payment under agreement4.

In article 6 of the principal Order—

(a)

in paragraph (1)—

(i)

in sub-paragraph (b), for the amount “£40” there shall be substituted the amount “£45”;

(ii)

in sub-paragraph (d), for the amount “£40” there shall be substituted the amount “£42”;

(b)

in paragraph (2), in the table, in the right hand column—

(i)

for the figure “200” there shall be substituted the figure “170”, and

(ii)

for the figure “58” there shall be substituted the figure “62”;

(c)

in paragraph (3), for the amount “£3.50” there shall be substituted the amount “£4”.

Amendment to Schedule5.

In Schedule 5 (conservation plan operations) to the principal Order, after paragraph 8, there shall be inserted the following paragraph:

“9.
The creation or restoration of ponds.”.

Saving6.

The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any payment to a farmer which relates wholly or in part to any period before 1st April 1997.

Elliot Morley

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

4th June 1997

We consent,

Bob Ainsworth

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

5th June 1997

(This note is not part of the Order)

This Order further amends, with effect from 1st July 1997, the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 (S.I. 1993/87, amended by S.I. 1994/926, 1995/192, 1996/3104), which designated an area in the South West Peak as an environmentally sensitive area.

Subject to a saving provision, the Order amends the rates of payment to be made by the Minister of Agriculture, Fisheries and Food pursuant to a management agreement made under section 18(3) of the Agriculture Act 1986 (article 4).

An amendment is also made to add an option to the operations that may be included in a conservation plan (article 5).