Explanatory note

This Order designates as an environmentally sensitive area the area of land within Ettrick and Lauderdale District of Borders Region known as Whitlaw and Eildon (article 3). That area is designated for the purposes of conserving, protecting and enhancing the environmental features of the area by the maintenance or adoption of particular agricultural methods.

The map annexed to and forming part of this note gives a general guide to the area affected by this Order. The detailed map showing the designated area of Whitlaw and Eildon can be inspected during normal office hours at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh.

The Secretary of State may enter into a management agreement with any person having an interest in agricultural land in a designated area and the Order specifies the requirements as to agricultural practices, methods and operations which must be included in such an agreement (article 4 and Schedule).

In the event of a breach of the specified requirements, the Secretary of State may terminate the agreement and recover sums paid under the agreement (article 5(a)). Any questions arising as to whether a breach of such requirements has occurred may be determined by arbitration (article 5(b)).

Payments made by the Secretary of State under an agreement are to be either—

In the case of farm businesses of no more than 12 hectares, payments are to be at the rate of £240 per year for each farm business (article 6(2)). Where an a1greement includes the additional farming operations set out in paragraph 15(2) of the Schedule, additional payments are to be made either—