Citation and commencement

1.  These Regulations may be cited as the Rural Stewardship Scheme (Scotland) Amendment Regulations 2004 and shall come into force on 31st March 2004.

Amendment to the Rural Stewardship Scheme (Scotland) Regulations 2001

2.—(1) The Rural Stewardship Scheme (Scotland) Regulations 2001(2) are amended in accordance with the following paragraphs of this regulation.

(2) In Schedule 2 (management activities)–

(a)in item 1–

(i)for item 1 a. substitute–

“a.The field must not be rolled, harrowed or grazed between 15th March and 30th June or until the crop has been secured, whichever is the later;”; and

(ii)for item 1 d. substitute–

“d.Artificial fertiliser must not be applied to the field before 15th May, or 1st June where later-nesting, ground-nesting birds and young may be found. Farmyard manure and slurry must not be applied between 28th February and 15th May, or 1st June where later-nesting, ground-nesting birds and young may be found;”;

(b)for item 2 a. substitute–

“a.Livestock must be excluded for 6 consecutive weeks between 15th March and 15th June, or livestock must be restricted to 1.4 livestock units per hectare during the whole period;”;

(c)for item 2 c. substitute–

“c.Artificial fertiliser must not be applied to the field before 15th May. Farmyard manure and slurry must not be applied between 28th February and 15th May;”;

(d)after item 2 g. insert–

“h.The intensity of grazing between 15th March and 15th June should be sufficiently low as to avoid damage to nests of ground-nesting birds.”;

(e)for item 3 a. substitute–

“a.The field must not be rolled, harrowed or grazed between 15th May and 31st July. Where ground nests are present before 15th May, the nests should be marked and avoided;”;

(f)in item 5–

(i)for item 5 a. substitute–

“(a)(i)Livestock must be excluded for 6 consecutive weeks between 1st April and 15th June. The intensity of grazing between 1st April and 15th June should be sufficiently low as to avoid damage to nests of ground-nesting birds; or

(ii)if no barrier exists between the site and adjoining pasture, overall grazing levels must not exceed 1.4 livestock units per hectare for the selected 6 week period;”; and

(ii)for item 5 c. substitute–

“c.Artificial fertiliser or slurry must not be applied to the site. Farmyard manure must not be applied between 28th February and 15th May.”;

(g)in item 8, for the entry in column 2 (site requirements) substitute–

“Eligible arable land and improved grassland not eligible for Arable Aid Area payments.”;

(h)in item 12–

(i)for the entry in column 2 (site requirements) substitute–

“An area of lowland raised bog – an isolated peat deposit averaging over 1 metre thick that is surrounded by non-peat soils.”; and

(ii)for items 12b. to h. substitute–

“b.The clearing of encroaching scrub and trees and prevention of colonisation;

c.The preparation of a grazing plan, to be agreed with the Scottish Ministers, where grazing will improve the condition of the bog habitat;

d.An agreement not to undertake any supplementary feeding on the site;

e.An agreement that no peat cutting will be carried out without the prior written agreement of the Scottish Ministers; and

f.An agreement that no muirburn will be carried out on the site.”;

(i)for item 23 c. substitute–

“c.Pesticides must not be applied within one metre of an established hedge. Spot treatment of weeds within one metre of any new hedge planting may be carried out using an approved herbicide but only with the prior written agreement of the Scottish Ministers;”;

(j)in item 26–

(i)for the entry in column 2 (site requirements) substitute–

“Arable or improved grassland in plots of up to 2 hectares in size and totalling no more than 8 hectares over the whole unit.”; and

(ii)for item 26c. substitute–

“c.No herbicides or pesticides may be applied.”;

(k)in item 30, for the entry in column 2 (site requirements) substitute–

“Units up to 20 hectares of in bye on entry to the scheme (excluding any apportionment).”;

(l)in item 31, for the entry in column 2 (site requirements) substitute–

“Units up to 20 hectares of in bye on entry to the scheme (excluding any apportionments). The unit must be participating in the management prescription, conservation management plan with special measures for small units.”; and

(m)after item 33(3) insert–

(3) In Schedule 3 (capital activities)–

(a)after item 12 insert–

(b)after item 14 insert–

(4) In Schedule 4 (rates of payment for activities)–

(a)in Part 1 (management activities)–

(i)for item 2.3 substitute–

(ii)after item 3.5 insert–

(iii)for item 9.1 substitute–

(iv)for item 9.2 b. substitute–

“b.If a herd of cattle of traditional or native breed(s) is introduced to the croft by the end of the first plan year and numbers of any sheep on the crofts are reduced to ensure no increase in overall stocking density, £340 per hectare (in bye).”;

(b)in Part II (capital activities)–

(i)after item 11 insert–

(ii)after item 13 insert–

(c)in Part III (rates of payment) for item 1 substitute–

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rural Stewardship Scheme (Scotland) Regulations 2001 (“the principal Regulations”), which implement Commission Regulation (EC) No. 1750/1999 (O.J. No. L 214, 13.8.99, p.31) on support for rural development from the European Agricultural Guidance and Guarantee Fund. The principal Regulations extend to Scotland only.

The principal Regulations provide for payment of aid to be made to any person who enters into an undertaking with the Scottish Ministers to comply with the general environmental requirements set out in Schedule 1 and to carry out, or as the case may be, to carry out and maintain at least one of either the management activities set out in Schedule 2 or the capital activities set out in Schedule 3. Schedule 4 to the principal Regulations makes provision for rates of payment for management and capital activities.

These Regulations amend the principle Regulations as follows–

(a)in Schedule 2 (management activities)–

(i)amend the management requirements for the extensive management of mown grassland for birds, the management of open grazed grassland for birds, the extensive management of mown grassland for corncrakes, the management of wet grassland for waders, the management of lowland raised bogs, the management of hedgerows and unharvested crops (regulation 2(2)(a) to (f), (h)(ii), (i) and (j) (ii));

(ii)amend the site requirements for the creation and management of species-rich grassland, management of lowland raised bogs, unharvested crops, conservation management plan with special measures for small units and the retention or introduction of cattle of native or traditional breed(s) (regulation 2(2)(g), (h)(i), (j) (i), (k) and (l));

(iii)introduce a new management requirement of the management of basin and valley mire buffer areas (regulation 2(2)(m));

(b)in Schedule 3 (capital activities)–

(i)introduce new capital activities of blocking ditches on lowland raised bogs and on created wetland, erosion control plan and provision of bat and bird boxes (regulation 2(3)(a));

(ii)introduce a new capital activity of amenity tree planting on a site not exceeding 0.25 hectares for designed landscapes only (regulation 2(3)(b));

(c)in Schedule 4 (rates of payment for activities)–

(i)amend the rates of payment for the management activities of creation and management of species-rich grassland, conservation management plan with special measures for small units and retention or introduction of breeding cattle of native or traditional breed(s) in crofting areas (regulation 2(4)(a)(i), (iii) and (iv));

(ii)introduce a rate of payment for the new management activity of management of basin and valley mire buffer areas (regulation 2(4)(a)(ii));

(iii)introduce rates of payment for the new capital activities of blocking ditches on lowland raised bogs and on created wetland, erosion control plan, provision of bat boxes, bird boxes and, on designed landscapes only and amenity tree planting on a site not exceeding 0.25 hectares (regulation 2(4)(b));

(iv)amend the definition of a small unit in respect of environmental audit payment rates (regulation 2(4)(c)).

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