Explanatory note

The Set-Aside Access (Scotland) Regulations 1994 (“the principal Regulations”), which implemented in part Council Regulation (EEC) No 2078/92 (OJ No. L215, 30.7.92, p.85) (“the Council Regulation”) on agricultural production methods compatible with the requirements of the protection of the environment and maintenance of the countryside, provided for the payment of aid to eligible persons who undertook to set aside an area of land, to permit members of the public to have access thereto for the purposes of quiet recreation and to manage it and any adjacent lands crossed by an access way in accordance with the requirements set out in the Regulations.

These Regulations amend the principal Regulations which implement in part Council Regulation on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside.

The amendments made by these regulations adapt the principal Regulations to conform to the Commission Regulation (EC) No. 746/96 (“the Commission Regulation”) laying down detailed rules for the application of the Council Regulation and in particular Articles 11 (transfer of holding), Article 12 (force majeure), Article 13 (transformation of undertakings) and Article 20 (reimbursement of aid and penalties) of the Commission Regulation. In accordance with Article 23 of the Commission Regulation, the amendments apply to undertakings given under principal Regulations prior to 1st January 1997 but only in respect of action taken and events occurring from that date (regulations 2-6).

The principal Regulations are revoked with a saving for undertakings given before 1st January 1997 (regulation 7).