# The Countryside Stewardship Regulations 1998, Regulation 4: Power to enter into agreements


(1) In any case 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 paragraphs (5) and (6) below and regulations 6 and 7, enter into a stewardship agreement with that person.
(2) In this regulation—
(a) “the other party” means a person within the description in paragraph (1), being the particular person in the case in question; and
(b) “the relevant land” means land referred to in paragraph (1), being the particular land in question.
(3) 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 the other party to carry out the activity in question in relation to the relevant land and requires the Minister to pay grant to the other party in respect of the carrying out of that activity thereon.
(4) In these Regulations a standard agreement means a stewardship agreement which—
(a) includes provision for the other party to carry out on the relevant land at least one activity specified in an entry of column 1 of Part I or II of Schedule 1;
(b) in relation to each such activity so provided for, and any activity specified in an entry of column 1 of Part III of Schedule 1 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 as amended from time to time during the term of the agreement; 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.
(5) The Minister shall not enter into any stewardship agreement in circumstances to which Article 13 of the Commission Regulation (which authorises replacement of an agri-environment scheme undertaking or agreement by another such undertaking or agreement) applies unless he is satisfied that the conditions set out in that Article are fulfilled.
(6) The Minister shall not enter into a special project agreement in relation to any activity except where he considers that—
(a) the achievement of any one or more of the specified purposes is desirable in relation to particular land;
(b) that purpose or those purposes could not be fully 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 Schedule 1; or
(ii) an activity specified in an entry in 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.
(7) Part IV of Schedule 1 shall have effect for the purpose of interpreting Parts I, II and III thereof.

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Source: https://www.legislation.gov.uk/uksi/1998/1327/regulation/4 (the official version)
Page: https://openlegislation.uk/countryside-stewardship-regulations-1998/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.