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The Environmentally Sensitive Areas (Scotland) Orders Amendment Regulations 1996

S.I. 1996/3082 · Made 9 December 1996

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

AGRICULTURE

Made 9th December 1996

Laid before Parliament 10th December 1996

Coming into force 1st January 1997

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1972/1811.

f2

1972 c. 68.

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Amendment of the principal Orders
  4. 4Amendment of the principal Orders
  5. 5Amendment of the principal Orders
  6. 6Amendment of the principal Orders
  7. Signature
  8. Schedule: PRINCIPAL ORDERS
  9. PART I
  10. IIPart II
  11. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Environmentally Sensitive Areas (Scotland) Orders Amendment Regulations 1996 and shall come into force on 1st January 1997.

(2)

In these Regulations “the principal Orders” means the statutory instruments set out in the Schedule to these Regulations.

(3)

In these Regulations any reference to the Schedule shall, unless the context otherwise requires, be construed as a reference to the Schedule to these Regulations.

2Application

These Regulations apply to–

(a)

agreements made before 1st January 1997 under section 18(3) of the Agriculture Act 1986f1 as regards land in an area designated by the principal Orders but only in respect of action taken and events occurring from that date; and

(b)

agreements made on or after that date under that section as regards such land.

3Amendment of the principal Orders

In article 2(1) (interpretation) of the principal Orders–

(a)

before the definition of “conservation plan” or, as the case may be, the definition of “common grazings committee” there shall be inserted–

  • ““Commission Regulation” means Commission Regulation (EC) No. 746/96f1 laying down detailed rules for the application of the Council Regulation;”;

(b)

after the definition of “conservation plan” there shall be inserted–

  • ““Council Regulation” means Council Regulation (EEC) No. 2078/92f2 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside as last amended by Commission Regulation (EC) No. 2772/95f3;”; and

4Amendment of the principal Orders

After article 5 of the principal Orders set out in Part I of the Schedule there shall be inserted–

“Penalty in the event of breach of agreement

5A

In the event of breach of an agreement, the Secretary of State may, by way of penalty imposed by virtue of Article 20(2) (reimbursement of aid and penalties) of the Commission Regulation, withhold from or, as the case may be, require the farmer to pay an amount not exceeding 10% of the aid payable, including any amount already paid, to the farmer in respect of that agreement in addition to withholding or, as the case may be, recovering such aid.

Recovery of interest

5B
(1)

Where by virtue of Article 11 of the Commission Regulation a farmer is required to reimburse in accordance with Article 20(1) of the Commission Regulation the aid paid under an agreement, the rate of interest shall be that provided in paragraph (2).

(2)

Where a farmer is by virtue of Article 20(1) of the Commission Regulation required to reimburse the amount of a wrongful payment with interest for the period between payment and the reimbursement, the rate of interest shall be one percentage point above the sterling three month London interbank offered rate applicable during the period.”.

5Amendment of the principal Orders

After article 5 of the principal Orders set out in Part II of the Schedule there shall be inserted–

“Penalty in the event of breach of agreement

5A

In the event of breach of an agreement, the Secretary of State may, by way of penalty imposed by virtue of Article 20(2) (reimbursement of aid and penalties) of the Commission Regulation, withhold from or, as the case may be, require the crofter, farmer or common grazings committee to pay an amount not exceeding 10% of the aid payable, including any amount already paid, to the crofter, farmer or common grazings committee in respect of that agreement in addition to withholding or, as the case may be, recovering such aid.

Recovery of interest

5B
(1)

Where by virtue of Article 11 of the Commission Regulation a crofter, farmer or common grazings committee is required to reimburse in accordance with Article 20(1) of the Commission Regulation the aid paid under an agreement, the rate of interest shall be that provided in paragraph (2).

(2)

Where a crofter, farmer or common grazings committee is by virtue of Article 20(1) of the Commission Regulation required to reimburse the amount of a wrongful payment with interest for the period between payment and the reimbursement, the rate of interest shall be one percentage point above the sterling three month London interbank offered rate applicable during the period.”.

6Amendment of the principal Orders

After article 5B(2) of the principal Orders which is inserted by regulation 4 or, as the case may be, regulation 5 of these Regulations there shall be inserted–

“(3)

In any proceedings for recovery of interest calculated at the rate provided in paragraph (2), a certificate of the Secretary of State stating such rate applicable during a period specified in the certificate shall be conclusive evidence of that rate if the certificate also states that the Bank of England notified the Secretary of State of that rate.

Recovery of payments

5C

Where an amount falls to be paid to the Secretary of State by virtue of (or by virtue of action taken under) this Order or the Commission Regulation, such amount shall be recoverable as a debt.”.

Signature

Lindsay

Parliamentary Under Secretary of State Scottish Office

St Andrew’s House,

Edinburgh

9th December 1996

PART I

Title of InstrumentNumber of Instrument and of any amending
instrument
1. The Environmentally Sensitive Areas (Loch Lomond) Designation Order 19921992/1919; amended by 1992/2062, 1994/3067 and 1995/3097
2. The Environmentally Sensitive Areas1992/1920; amended by 1992/2063, 1994/3067, (Breadalbane) Designation Order 1992 1995/3096
3. The Environmentally Sensitive Areas Central Southern Uplands) Designation Order 19931993/996; amended by 1994/3067 and 1996/1969
4. The Environmentally Sensitive Areas (Western Southern Uplands) Designation Order 19931993/997; amended by 1994/3067 and 1996/1968
5. The Environmentally Sensitive Areas (Cairngorms Straths) Designation Order 19931993/2345; amended by 1994/3067 and 1996/1963
6. The Environmentally Sensitive Areas (Stewartry) Designation Order 19931993/2768; amended by 1994/3067 and 1996/1967
7. The Environmentally Sensitive Areas (Central Borders) Designation Order 19931993/2767; amended by 1994/3067 and 1996/1964

II

8. The Environmentally Sensitive Areas (Argyll Islands) Designation Order 19931993/3136; amended by 1994/3067 and 1996/1966
9. The Environmentally Sensitive Areas (Machair of the Uists and Benbecula, Barra and Vatersay) Designation Order 19931993/3149; amended by 1994/3067 and 1996/1962
10. The Environmentally Sensitive Areas (Shetland Islands) Designation Order 19931993/3150; amended by 1994/3067 and 1996/1965

Explanatory note

(This note is not part of the Regulations)

These Regulations amend a series of Orders (“the principal Orders”) made by the Secretary of State under section 18 of the Agriculture Act 1986 (c. 49) (“the 1986 Act”) which designate various areas of land in Scotland as environmentally sensitive areas.

The amendments made by this Order adapt the principal Orders to conform to the Commission Regulation (EC) No. 746/96 (“the Commission Regulation”) laying down detailed rules for the application of Council Regulation (EEC) No. 2078/92 (“the Council Regulation”) and in particular Articles 11 (transfer of holding) and 20 (reimbursement of aid and penalties) of the Commission Regulation (regulations 3 to 6).

In accordance with Article 23 of the Commission Regulation, the amendments apply to agreements made before 1st January 1997 but only in respect of action taken and events occurring from that date.