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Regulation 3 Power to enter into agreements

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

(1)

Where the Minister is of the opinion that the carrying out by any person who has an interest in land of any activity in relation to that land would be conducive to the specified purposes, he may, subject to paragraph (4) below and regulations 5 and 6, enter into a stewardship agreement with that person.

(2)

For the purposes of paragraph (1) above, a stewardship agreement means an agreement which remains in force for a term specified in the agreement, provides for that person to carry out that activity in relation to that land and requires the Minister to pay grant to that person in respect of the carrying out of that activity thereon.

(3)

In these Regulations a standard agreement means a stewardship agreement which—

(a)

includes provision for that person to carry out on that land at least one activity specified in an entry of column 1 of Part I or II of the Schedule,

(b)

in relation to each such activity so provided for, and any activity specified in an entry of column 1 of Part III of the Schedule for which the agreement provides, requires or enables the Minister to pay grant at a rate no greater than the maximum payment rate specified in the corresponding entry in column 2 thereof, and

(c)

does not include provision for the Minister to pay grant otherwise than as specified in sub-paragraph (b) above,

and a special project agreement means a stewardship agreement other than a standard agreement.

(4)

The Minister shall not enter into a special project agreement in relation to any activity except where he considers that—

(a)

the achievement of a particular purpose, within the scope of the specified purposes, is desirable in relation to particular land,

(b)

that particular purpose could not be achieved in relation to that land but for the carrying out of that activity, and

(c)

that activity is either—

(i)

outside the range of activities specified in Part I or II of the Schedule, or

(ii)

an activity specified in an entry of column 1 thereof but such that that person cannot reasonably be expected to carry it out in the absence of payment at a rate greater than the maximum rate specified in the corresponding entry in column 2 thereof.

(5)

The definitions in Part IV of the Schedule shall have effect for the purposes of interpretation of Parts I, II, III thereof.