Paragraph 5 The Field Margins Option

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)

In each part field to be managed in accordance with the Field Margins Option (referred to in paragraph 1(1)(d) above), a farmer–

(a)

shall, subject to paragraph 8 below, establish a green cover by the start of the current green cover season–

(i)

by sowing–

(aa)

grass seed,

(bb)

a mixture of grass seed and the seed of native broad-leaved plants not commonly used for agricultural production (which mixture, unless the farmer is an accepted organic farmer, shall not contain more than 5 per cent by weight of legumes), or

(cc)

mustard seed.

which seed shall be sown, where a crop was harvested from the part-field in the calendar year immediately preceding the calendar year during which the current scheme year commenced, as soon as is practicable following the harvest of that crop, or

(ii)

where 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, by allowing natural regneration of that crop,

unless the part field was set aside in the previous scheme year, was managed during that scheme year in accordance with the Field Margins 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;

(b)

subject to paragraphs 9, 14 and 15 below, maintain the green cover thereafter–

(i)

where the part field is not to be set aside in the following scheme year or is to be used as land set aside for non-food purposes in the following scheme year, until the end of the current green cover season, or

(ii)

where the part field is to be set aside in the following scheme year (but is not to be used as land set-aside for non-food purposes), to the end of the current scheme year;

(c)

shall cut the green cover at least once during the current scheme year, except that he may leave uncut a strip of green cover up to 2 metres wide adjacent to any hedge or woodland; and

(d)

shall not harvest any of the green cover or permit any of it to be harvested or grazed unless–

(i)

he has previously notified the Minister of his intention to use the green cover for permitted agricultural production; and

(ii)

he cuts the green cover to an average length of no more than 10 centimetres at least once between 15th July and 15th August prior to the end of the current set-aside period if he wishes to harvest the green cover, or permit it to be harvested or grazed in the current scheme year,

in which case he may use the green cover for permitted agricultural production.

(2)

For the purposes of sub-paragraph (1)(a)(i) above, breeder's, pre-basic or basic seed may not be sown in order to establish a green cover.

(3)

For the purposes of sub-paragraph (2) above, seed is breeder's, pre-basic or basic seed if it is so classified in any Regulations made under the Plant Varieties and Seeds Act 1964 which is in force at the time the seed intended to establish the green cover is sown.