Paragraph 5 Field drains

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

Sch. para. 18(2) words inserted by Common Agricultural Policy (Single Farm Payment and Support Schemes and Cross-Compliance) 2009 reg. 17
Sch. Pt. 5 inserted by Common Agricultural Policy (Single Farm Payment and Support Schemes and Cross-Compliance) 2009 reg. 18
sch. para. 11(2)(b) words substituted by Public Services Reform (Scotland) Act 2010 (Consequential Modifications) 2010 art. 8

(1)

Subject to sub-paragraph (2), a farmer must maintain any functional field drainage systems on the land in a working state (whether by clearing ditches or otherwise).

(2)

Sub-paragraph (1) shall not apply where an environmental gain would be achieved by not maintaining the field drainage systems provided the farmer has, prior to that system ceasing to function, declared the environmental gain to be achieved–

(a)

in the farmer’s aid application under Article 22 of the Council Regulation; or

(b)

in any other prior application for a direct payment.