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The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2012

S.S.I. 2012/307 · Made 15 November 2012

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 15th November 2012

Laid before the Scottish Parliament 16th November 2012

Coming into force 1st January 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
  3. 3Amendment to option 75 (erosion control)
  4. 4Amendment to option 80 (open grazed grassland management for chough)
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2012 and come into force on 1st January 2013.

2Amendment to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

Part 1 (option, activities and eligibility conditions and rates of payment) of Schedule 2 (rural priorities options) to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008f1 is amended in accordance with regulations 3 and 4.

3Amendment to option 75 (erosion control)

In option 75f1 (erosion control), in column 2 omit paragraph (3).

4Amendment to option 80 (open grazed grassland management for chough)

In option 80f1 (open grazed grassland management for chough), in column 2—

(a)

in paragraph (2)(i) for “treats livestock” substitute “ensures that livestock must only be treated”;

(b)

in paragraph (2)(j) for “20th June” substitute “30th June” and at the end of that sub‑paragraph omit “and”; and

(c)

in paragraph (2)(k) after “species” insert—

“; and

(l)

cuts hay and silage, in accordance with any applicable programme guidance, in a manner which minimises the risk of injury to ground nesting birds”.

Signature

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th November 2012

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 (“the 2008 Regulations”), which introduce measures to supplement Council Regulation (EC) No 1698/2005 (OJ L 277, 21.10.2005, p.1), as amended, (“the Council Regulation”) laying down general rules governing Community support for rural development (financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No 1290/2005 (OJ L 209, 11.8.2005, p.1)) and Commission Regulations (EC) No 1974/2006 (OJ L 368, 23.12.2006, p.15) and 65/2011 (OJ L 25, 28.1.2011, p.8) laying down detailed rules for the application of the Council Regulation.

Regulation 3 of these Regulations amends option 75 (erosion control) in Part 1 of Schedule 2 to the 2008 Regulations to remove the condition that a beneficiary may make a maximum of one claim in any one year and a maximum of 5 claims during the period of their contract.

Regulation 4 of these Regulations amends option 80 (open grazed grassland management for chough) in Part 1 of Schedule 2 to the 2008 Regulations to—

  • clarify that livestock must only be treated with non-Avermectin based drugs unless advised by a veterinary surgeon and with the prior agreement from the Scottish Ministers;

  • change the latest date for cutting silage to 30th June; and

  • add a new condition requiring that hay and silage be cut in a wildlife friendly manner.

No Business or Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.