Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland, implement in part Council Regulation (EEC) No.2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside. They make provision for the payment of aid to farmers who undertake such agricultural production methods. Farmers will either set aside farmland for at least 20 years with a view to its use for purposes connected with the environment pursuant to Article 2(1)(f) or undertake to use other farming practices compatible with the requirements of the protection of the environment and natural resources, as well as maintenance of the countryside and landscape pursuant to Article 2(1)(d) of Council Regulation (EEC) No.2078/92.

The Regulations–

(a)

enable the Secretary of State to make payments of aid to applicants satisfying the conditions of, and applying in accordance with the regulations (regulation 3);

(b)

specify the conditions of eligibility to be satisfied by applicants for aid (regulation 4);

(c)

specify the management requirements and special criteria for the acceptance of a habitat site (regulation 5 and Schedules);

(d)

specify the conditions for the participation of crofters common grazings committees (regulation 6);

(e)

specify the requirements in relation to applications for aid and the documents to accompany such applications (regulation 7);

(f)

specify the restrictions on the acceptance of applications by the Secretary of State (regulation 8);

(g)

make provision for the payment of aid to a new occupant where there has been a change in the occupation of a farm or part of a farm due to the death of a beneficiary or otherwise (regulation 9);

(h)

specify the period, amount and method of payment of aid (regulation 10);

(i)

confer on authorised persons power of entry for the purposes of the Regulations and require that reasonable assistance be given to them for the exercise of these powers (regulation 11);

(j)

specify circumstances when the Secretary of State may withhold aid or recover payments already made (regulations 9 and 12); and

(k)

create offences and prescribe penalties (regulation 13).