The Countryside Stewardship Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England (including the Isles of Scilly), revoke and replace (with savings) the Countryside Stewardship Regulations 1998 (S.I. 1998/1327).

The Regulations, which are made pursuant to section 98 of the Environment Act 1995, provide for payments to be made to any person who enters an agreement with the Minister requiring him to carry out an activity which is conducive to a specified purpose on land in which he has an interest.

The Regulations specify the maximum rates of payments for activities under an agreement and professional fees and charges in connection with an agreement or application therefor (regulations 6(1) and 7(1) and Parts I, II, and III of the Schedule). Exceptionally, the Minister also has power to enter into agreements in terms other than as specified in these Regulations (“special project agreements”) if he considers this to be more conducive to the specified purposes (regulation 3(4)). Payments under special project agreements are limited to 120% of the loss of income and additional costs incurred as a result of carrying out the activity (regulation 7(2)).

Agreements for which an application was received after 29th July 1999 are required to comply with the England Rural Development Programme (“ERDP”) which has been approved by the European Commission, by Commission Decision No. C2000/3003 (“the Decision”), under Article 44 of Council Regulation (EC) No. 1257/1999 (O.J. No. L160, 26.6.99, p. 80) (“the rural development Regulation”).

Penalties for a breach of such an agreement are provided by Article 48 of Commission Regulation (EC) No. 1750/1999, and by the England Rural Development Programme (Enforcement) Regulations 2000 (S.I. 2000/3044).

By virtue of Article 55(3) of the rural development Regulation, and Article 3 of Commission Regulation (EC) No. 2603/1999 (made under Article 53 of the rural development Regulation), Council Regulation (EEC) No. 2078/92 (O.J. No. L215, 30.7.92, p. 85) (which is otherwise revoked) continues to apply to those commitments (including agreements) applications for which were received before 30th July 1999 and which were entered into before 1st January 2000.

Copies of the ERDP together with a copy of the Decision are available for inspection, during normal office hours, at the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR.

No Regulatory Impact Assessment has been prepared in respect of these Regulations.