Paragraph 1 Management options for set-aside land

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 1(1)(b) word substituted by Arable Area Payments 1997 reg. 10(a)
Sch. 2 para. 11(2) substituted by Arable Area Payments 1997 reg. 10(b)(i)
Sch. 2 para. 13(3)(4) word substituted by Arable Area Payments 1997 reg. 10(b)(ii)
Sch. 2 para. 14(a) words inserted by Arable Area Payments 1997 reg. 10(b)(iii)
Sch. 2 para. 14(a)(i)(ii) revoked by Arable Area Payments 1997 reg. 10(b)(iii)
Sch. 2 para. 18(2) words inserted by Arable Area Payments 1997 reg. 10(b)(iv)
Sch. 2 para. 18(2) words substituted by Arable Area Payments 1997 reg. 10(b)(iv)
Sch. 2 para. 23(1) word inserted by Arable Area Payments 1997 reg. 10(c)
Sch. 2 para. 25(1) substituted by Arable Area Payments 1997 reg. 10(d)
Sch. 2 para. 1(5) substituted by Arable Area Payments 1998 reg. 3(8)(a)
Sch. 2 para. 19 substituted by Arable Area Payments 1998 reg. 3(8)(b)(i)
Sch. 2 para. 20(1) words substituted by Arable Area Payments 1998 reg. 3(8)(b)(ii)(a)
Sch. 2 para. 20(3) inserted by Arable Area Payments 1998 reg. 3(8)(b)(ii)(b)

(1)

Subject to sub-paragraphs (2) to (4) below, in respect of each field or part field which is set-aside land in a particular scheme year, a farmer shall, during that particular scheme year, comply with the conditions applicable to a management option specified in one of the following paragraphs of this sub-paragraph as are indicated in the brackets following the description of the management option concerned–

(a)

the Grassland Option (the applicable conditions are set out in paragraph 2 below);

(b)

where–

(i)

the field or part field was used to produce a herbage seed crop or combinable crop (other than a crop including maize or legumes) in the calendar year immediately preceding the calendar year during which the current scheme year commenced, or

(ii)

the field or part field was set aside in the previous scheme year, was managed during that scheme year in accordance with the Natural Regeneration Option and the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season,

the Natural Regeneration Option (the applicable condition are set out in paragraph 3 below);

(c)

the Wild Bird Cover Option (the applicable conditions are set out in paragraph 4 below);

(d)

where part only of a field is set aside, the Field Margins Option (the applicable conditions are set out in paragraph 5 below); or

(e)

where a field or part field is penalty set-aside land, or where there was a crop in a field or part field on 1st October immediately prior to the commencement of the current scheme year, the Penalty Set-Aside/Existing Crop Option (the applicable conditions are set out in paragraph 6 below).

(2)

Where a field or part field is environmental transferred set-aside land which lies within a nitrate sensitive area (as described in regulation 10(3)(b)) then a farmer shall comply with the conditions applicable to the Grassland Option which are set out in paragraph 2 below in respect of that field or part field.

(3)

Where a field or part-field is guaranteed set-aside land in England or Wales and is managed otherwise than in accordance with the conditions applicable to the Wild Bird Cover Option which are set out in paragraph 4 below, then notwithstanding the provisions of the following paragraphs, a green cover may not be established in that field or part field by sowing the seed of clover, lucerne or sainfoin or a seed mixture which contains one or more of those crops.

(4)

Where–

(a)

a farmer applies in writing to the Minister for permission to manage set-aside land in accordance with a management plan set out in his application; and

(b)

the written consent of the Minister to this plan is obtained,

the farmer, following the grant of that consent, need not comply with the conditions set out in one of the following paragraphs of this Schedule which are applicable to any of the management options listed in paragraph (1) above, but shall instead manage the land in accordance with that management plan.

(5)

For the purpsoses of this Schedule–

(a)

the particular scheme year referred to in sub-paragraph (1) above shall be known as “the current scheme year”, the set-aside period during that scheme year shall be known as “the current set-aside period”, the green cover season during that scheme year shall be known as “the current green cover season” and expressions such as “the previous scheme year” and “the following scheme year” shall be construed accordingly; and

(b)

during the current scheme year it is to be taken to be the case that guaranteed set-aside land is to be set aside in the following scheme year.