Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England only, are made pursuant to section 98 of the Environment Act 1995.

The Regulations establish a scheme (known as Countryside Stewardship) under which the Secretary of State may make grants for the management of land and grants to promote cooperation between land managers.

Regulation 3 enables the Secretary of State to make a grant to any eligible person who enters into, and complies with, the conditions of a countryside stewardship agreement. Agreements must specify the duration of the agreement, the activity or activities (listed in Parts 2 or 3 of the Schedule) the agreement holder is required to carry out, the terms and conditions that must be met and the payments to be made to the agreement holder by the Secretary of State. This regulation also provides for modifications to the agreement conditions.

Regulation 4 provides the rates of payment applicable for each activity to be carried out under a countryside stewardship agreement. Regulation 5 makes provision for situations where land subject to such an agreement is transferred.

Regulation 6 enables the Secretary of State to make a grant to any qualified person who enters into, and complies with, the conditions of a facilitation agreement. Agreements must specify the duration of the agreement, the services the agreement holder must provide, the terms and conditions that must be met and the payments to be made to the agreement holder by the Secretary of State. This regulation also provides for modifications to the agreement conditions.

Regulation 7 provides for the amount of the grant in respect of a facilitation agreement.

Regulations 8 and 9 enable the Secretary of State to specify requirements in respect of applications for grant and claims for payment in relation to the timing, form and content of such applications and claims. Regulation 10 provides for payments of grant to be made at any time during or after the agreement year.

Regulation 11 enables the Secretary of State to carry out inspections for the purpose of verifying that an agreement holder under these Regulations has complied with the terms and conditions of their agreement.

Regulations 12 and 13 make provision giving the Secretary of State power to determine that an agreement holder has breached the conditions of their agreement or any other requirements under these Regulations, and for recovery and other powers where there has been such a determination. Regulation 14 provides that interest is chargeable on a repayment due from an agreement holder and regulation 15 provides that a repayment due is recoverable as a debt.

Regulation 16 makes provision for appeals to the Secretary of State in respect of any determinations made under regulation 12 and in respect of any other decisions made by the Secretary of State under these Regulations, and gives a power to the Secretary of State to charge an appeal fee. Regulation 17 makes provision for the service of notices.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.