The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

PART 2

Land type	Year 1	Year 2	Year 3	Year 4	Year 5
	Conversion	Conversion	Conversion	Conversion	Conversion
Arable	£220	£220	£60	£60	£60
Improved grassland	£105	£105	£50	£50	£50
Fruit & vegetable	£300	£300	£60	£60	£60
Unimproved grassland/ rough grazing	£5	£5	£5	£5	£5
	Maintenance	Maintenance	Maintenance	Maintenance	Maintenance
Arable	£60	£60	£60	£60	£60
Improved grassland	£50	£50	£50	£50	£50
Fruit & vegetable	£60	£60	£60	£60	£60
Unimproved grassland/ rough grazing	£5	£5	£5	£5	£5
Woodland Type	Minimum wood or individual block size planted per year (hectares)	Composition	Minimum stocking density per hectare at year 5 or when considered to be‘established’
---	---	---	---
Productive conifer woodland (low cost)	5.0	up to 85% conifers but predominantly spruce at least 5% broadleaves up to 10% open ground	Spruce – 2500 Broadleaves – 1100
Productive conifer woodland (high cost)	5.0	up to 85% other conifers e.g. Scots Pine, Douglas Fir, Larch at least 5% broadleaves up to 10% open ground	Pine – 3000 Douglas Fir, Larch – 2000 Broadleaves – 1100
Productive broadleaved woodland	2.0	at least 85% productive broadleaves e.g. Oak, Beech, Sycamore, Ash up to 5% other broadleaves up to 10% open ground	Oak, Beech – 3100 Sycamore, Ash – 2500 Other Broadleaf – 1100
Native woodland	0.25	at least 75% species native to the locality and appropriate to the site up to 25% open ground	1600
Naturally regenerated native woodland	0.25	at least 75% species native to the locality up to 25% open ground	1600
Mixed conifer / broadleaf woodland	0.25	at least 80% mixed conifer and broadleaves, the latter being at least half of the planted area. up to 20% open ground	Conifer – 2500 Broadleaves – 1600
Column 1	Column 2
---	---
Item	Standard Cost
Fell/extract dangerous trees	£200 per tree
Manual brashing	£0.35 per tree
High pruning	£1.30 per tree
Badger gates installed in fence lines which are cutting across an established badger run	£110 per gate
Respace natural regeneration	£600 per hectare
Early pruning of trees	£250 per hectare
High pruning of trees	£400 per hectare
Pre commercial and non commercial woodland thinning	£150 per hectare
Removal of tree crop to waste 3 – 6 metres high	£750 per hectare
Woodland clearance benefiting raised bog/blanket bog felling of waste	£975 per hectare
Woodland clearance benefiting raised bog/blanket bog – felling and extraction	£1375 per hectare
Seedling tree removal	£35 per hectare
Small scale woodland thinning	£300 per hectare
Chipping/mulching of tree debris and brash	£500 per hectare
Restructuring with Caledonian Scots pine	£411.64 per hectare
Restructuring with diverse conifers	£411.64 per hectare
Restructuring with mixed broadleaves	£1,030.14 per hectare
Restructuring with native broadleaves	£1,100 per hectare
Woodland deer impact reduction	£30 per hectare for deer control during the first 5 years of a Deer Management Plan
Forest plan preparation	£20 per hectare for first 200 hectares, £5 per hectare thereafter with a minimum payment of £400 and a maximum payment of £15,000
Dead wood management	£40 per hectare
Stock fence	£4 per metre
Enhancing/modifying a stock fence in black grouse and capercaillie core areas	£2 per metre
New deer fence	£7.25 per metre
Upgrading stock to deer fence	£2.75 per metre
Scare or temporary fencing	£1.50 per metre
Rabbit proofing – existing or new stock/deer fence	£1.90 per metre
Enhancing/modifying a deer fence in black grouse and capercaillie core areas	£5 per metre
Conversion of deer fence to stock fence in black grouse and capercaille core areas	£2 per metre
Fence removal	£2 per metre
Gate for stock fence	£100 each
Gate for deer fence	£170 each
Ditch/drain blocking with plastic piling dams:Small ditches (up to 0.5 metres wide and deep)	£60 per dam
Ditch/drain blocking with plastic piling dams:Medium ditches (between 0.5 and 1 metre wide and deep)	£120 per dam
Ditch/drain blocking with plastic piling dams:Large ditches (between 1 and 2 metres wide and 0.5 and 1 metre deep)	£280 per dam
Peat dam	£0.26 per metre of drain or furrow blocked with peat dams. Minimum payment £300
Small scale tree and shrub planting (on a site not exceeding 0.25 hectares)	£2 per tree or shrub
Heather restoration (in Black Grouse core areas)	£250 per hectare
Provision of bat and bird boxes	£15 per box.
Primary treatment of bracken	£200/hectare of infested land
Eradication of scrub/woody vegetation: Light vegetation	£600/hectare
Eradication of scrub/woody vegetation: Intermediate vegetation	£850/hectare
Eradication of scrub/woody vegetation: Heavy vegetation	£1250/hectare
Removal from site of the cut shrub/woody vegetation: Light vegetation	£500/hectare
Removal from site of the cut shrub/woody vegetation: Intermediate vegetation	£1050/hectare
Removal from site of the cut shrub/woody vegetation: Heavy vegetation	£1450/hectare
Peat dam	£0.26 per metre of moor grip to be blocked with peat dams. Minimum payment £300.
Provision of water troughs to replace traditional watering points	£195 each
Installation of water supply pipe to water trough or pasture pump	£3 per metre of pipe laid
Water trough pump: cattle operated pasture or nose pump	£180 per installed pump
Stock bridge for bog management:
Small bridge	£170 per bridge
Large bridge (for ditch wider than 1.5m)	£620 per bridge
Heather management (in black grouse and Capercaillie core areas)	£250/hectare
Manual eradiation of rhododendron	£3700/hectare of infested land
Mechanised (and/or chemical) eradication of rhododendron	£1750/hectare of infested land

The term “established” means that trees must be present to the minimum stocking densities specified, healthy, and in a condition capable of continued growth given no further weeding but subject to normal ongoing maintenance operations such as protection from inappropriate grazing by wild or domestic animals.

An additional establishment premium for using genetically improved planting material is available as follows:

Categories of genetically improved planting material	£ per hectare
Sitka spruce seed orchard material that falls within the tested category in terms of regulation 4 of the Forest Reproductive Material (Great Britain) Regulations 2002[^f00096]	50
Sitka spruce vegetatively propagated tested “family mixture” material derived from controlled cross-pollination.	150
ItemColumn	Column 2Applicability
---	---
Operations required for Sites of Special Scientific Interest (SSSI) and Natura sites to help bring their special feature into favourable condition	Only available in exceptional circumstances where additional action or effort is required over and above the standard cost capital items, to maintain or bring the qualifying interests of SSSIs and Natura sites into favourable condition. Beneficiaries must provide justification of why the standard cost capital items and rates are not appropriate and provide details of the work required and the associated costs.
Control of rhododendron in geographical areas covered by a regional control strategy for this non-native species and in all native and ancient woodlands	Only available in exceptional circumstances where additional action or effort is required over and above the two standard cost items for the eradication of rhododendron.
	Beneficiaries must provide justification of why standard cost capital items and rates are not appropriate and provide details of the work required and the associated costs.

SCHEDULE 3 — Standard Payment Rates for Capital Items

A beneficiary is eligible for payment for these capital items only where the beneficiary has undertaken to carry out or beneficiary has undertaken to carry out or carry out and maintain an activity under an area related option. The capital items must be carried out in accordance with the requirements in the programme guidance.

Column 1	Column 2
Capital Item	Rate of Payment
Livestock tracks, gates and river crossing – impacts on diffuse pollution	50% of actual cost except for gates which are standard cost item
Sheep management – additional sheep movement to achieve habitat outcomes	£7.82 per hectare
Primary treatment of bracken	£200 per hectare of infested land
Manual eradication of rhododendron	£3500 per hectare of infested land
Mechanised eradication of rhododendron with or without chemical follow up eradication	£850 per hectare of infested land
Chemical eradication of rhododendron	£850 per hectare of infested land
Eradication of scrub/woody vegetation:Light vegetation category	£600 per hectare
Eradication of scrub/woody vegetation:Intermediate vegetation category	£850 per hectare
Eradication of scrub/woody vegetation:Heavy vegetation category	£1250 per hectare
Removal from site of the cut scrub/woody vegetation: Light vegetation cover	£500 per hectare
Removal from site of the cut scrub/woody vegetation: Intermediate vegetation cover	£1,050 per hectare
Removal from site of the cut scrub/woody vegetation: Heavy vegetation cover	£1,450 per hectare
Dead wood management	£40 per hectare
Stock fence	£4.00 per metre
Enhancing/ modifying a stock fence (in black grouse and capercaillie core areas)	£2 per metre
Upgrading stock to deer fence	£2.75 per metre
Scare or temporary fencing	£1.50 per metre
Rabbit proofing existing or new stock/ deer fence	£1.90 per metre
Deer fence	£6.90 per metre
Enhancing/ modifying a deer fence (in black grouse and capercaillie core areas)	£5 per metre
Conversion of deer fence to stock fence (in black grouse and capercaillie core areas)	£2 per metre
Fence removal	£2 per metre
Gate	i Gate for stock fence: £100 each ii Gate for deer fence: £170 each
Kissing gate/self-closing gate for non-vehicular access	£350 each
Stile	£55 each
Stock bridge for bog management	Small bridge : £170 per bridgeLarge bridge for ditch wider than 1.5m : £620 per bridge
Small-scale tree and shrub planting (on a site not exceeding 0.25 hectares)	£2 per tree or shrub
Replacement or new single trees within a Designed Landscape or to enhance the rural landscape	£100 per tree
Post & rail fence	£10 per metre
Building/restoring drystone or flagstone dykes	£17.50 per square metre
Sand blow fencing	£10.00 per metre
Planting of marram grass into areas threatened with erosion	£8 per square metre
Provision of water trough to replace traditional watering points	£195 each
Installation of water supply pipe to water trough or pasture pump	£3 per metre of pipe laid
Water trough pump: cattle operatedpasture or nose pump	£180 per installed pump
Soil analysis (including sampling)	£24.90 per sample
Planting or re-planting of hedge	£4.30 per metre
Coppicing of hedge	£4.00 per metre
Laying of hedge	£8.00 per metre
Creation or restoration of a pond	£3.00 per square metre
Laying down species-rich grassland	£680 per hectare
Heather restoration (in black grouse core areas)	£250 per hectare
Heather track creation for bog management	£1.50/ metre
Peat dam	£0.26 per metre of moor grip to be blocked with peat dams. Minimum payment £300.
Ditch blocking with plastic piling dams	a For small ditches up to 0.5 metres wide and deep: £60 per dam.
	b For medium ditches up to 1 metre wide and deep: £120 per dam.
	c For large ditches of depth up to 1 metre and 2 metre wide:£280 per dam
Underdrain (or culvert) breaking	£20 per drain (or culvert) broken
Watercourse Channel Enhancement	£4.00 per linear metre of watercourse
Provision of bat or bird box	£15.00 per box
Open range deer management to enhance the natural heritage	£3 per hectare of eligible deer range

SCHEDULE 4

PART 1 — Historic Environment Condition

The damage or destruction of any feature or areas of historic or archaeological interest must be avoided and guidance approved by the Scottish Ministers must be followed for the protection of such features or areas[^f00097].

PART 2 — Primary Legislation

• The Ancient Monuments and Archaeological Areas Act 1979 (c. 46).

• The Wildlife and Countryside Act 1981 (c. 39).

• The Clean Air Act 1993 (c. 11).

• The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9).

• The Water Environment and Water Services (Scotland) Act 2003 (asp 11).

• The Nature Conservation (Scotland) Act 2004 (asp 6).

Secondary Legislation

• The Control of Pesticides Regulations 1986[^f00098].

• The Sludge (Use in Agriculture) Regulations 1989[^f00099].

• The Waste Management Licensing Regulations 1994[^f00100].

• The Conservation (Natural Habitats etc.) Regulations 1994[^f00101].

• The Ancient Monuments (Class Consents) (Scotland) Order 1996[^f00102].

• The Pollution Prevention and Control (Scotland) Regulations 2000[^f00103].

• The Contaminated Land (Scotland) Regulations 2000[^f00104].

• The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003[^f00105].

• The Animal By-Products (Scotland) Regulations 2003[^f00106].

• The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003[^f00107].

• The Plant Protection Products (Scotland) Regulations 2005[^f00108].

• The Water Environment (Controlled Activities) (Scotland) Regulations 2005[^f00109].

• The EC Fertilisers (Scotland) Regulations 2006[^f00110].

• The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006[^f00111].

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2008-03-06

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.

[^f00002]: O.J. No. L 198, 22.07.1991, p1. The last amending instrument at the making of these Regulations was Commission Regulation (EC) No. 123/2003, O.J. No. L 38, 13.02.2003, p.3. Recent amendments and a consolidated version are available online from the Department of Environment and Rural Affairs at www.defra.gov.uk/farm/organic/standards.

[^f00003]: O.J. No. L 270, 21.10.2003, p.1 as last amended by Council Regulation (EC) No. 146/2008 (O.J. No. L 46, 21.02.2008, p.1).

[^f00004]: 1911 c. 49.

[^f00005]: 1991 c. 55.

[^f00006]: 1993 c. 44.

[^f00007]: 2003 asp 11.

[^f00008]: O.J. No. L 141, 30.4.2004, p.18 as last relevantly amended by Commission Regulation (EC) No. 1550/2007 (O.J. No. L 337, 21.12.2007, p.79).

[^f00009]: O.J. No. L 104, 21.4.2007, p.8.

[^f00010]: O.J. No. L 280, 24.10.2007, p.3.

[^f00011]: O.J. L 368, 23.12.2006, p.15.

[^f00012]: O.J. No. L 368, 23.12.2006, p.74.

[^f00013]: O.J. No. L 311, 29.11.2007, p.3.

[^f00014]: O.J. No. L 270, 21.10.2003, p.1 as last amended by Council Regulation (EC) No. 146/2008 (O.J. No. L 46, 21.02 2008, p.1).

[^f00015]: O.J. No. L 277, 21.20.2005, p.1.

[^f00016]: O.J. No. L 367, 22.12.2006, p.23.

[^f00017]: O.J. No. L 384, 29.12.2006, p.8.

[^f00018]: 1955 c. 21 repealed by the Crofters (Scotland) Act 1993 (c. 4) which continued in existence the Crofters Commission.

[^f00019]: S.I. 2005/218.

[^f00020]: The programme guidance is available online at www.scotland.gov.uk or from Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00021]: 2000 c. 7 as amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00022]: S.S.I. 2004/518 as amended by S.S.I. 2005/143 and 2007/99.

[^f00023]: O.J. No. 160, 26.06.1999, p.80 as last amended by Council Regulation (EC) No. 1698/2005 (O.J. No. L 277, 21.10.2005, p.1).

[^f00024]: S.S.I. 2004/518 as amended by S.S.I. 2005/143 and 2007/99.

[^f00025]: 1995 c. 46.

[^f00026]: S.S.I. 2004/381 as amended by S.S.I. 2005/117, 225 and 569 and 2007/439.

[^f00027]: S.I. 1994/1701 as amended by S.I. 1996/3083 and 1999/107.

[^f00028]: S.S.I 2004/143 as amended by S.S.I. 2004/174 and 2005/619.

[^f00029]: Scottish Natural Heritage was established under section 1 of the Natural Heritage (Scotland) Act 1991 (c. 28).

[^f00030]: O.J. No. L 198, 22.07.1991, p.1. The last amending instrument at the making of these Regulations was Commission Regulation (EC) No. 123/2008, O.J. No. L 38, 13.02.2008, p.3. Recent amendments and a consolidated version are available online from the Department for Environment and Rural Affairs at www.defra.gov.uk/farm/organic/standards.

[^f00031]: S.I. 1994/2716. Regulation 10 was relevantly amended by S.S.I. 2004/475.

[^f00032]: The UK Biodiversity Plan was published in 1994 and has a dedicated website, www.ukbap.org.uk.

[^f00033]: S.S.I. 2007/439.

[^f00034]: 1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.

[^f00035]: 1946 c. 73 (9 & 10 Geo. 6).

[^f00036]: A map showing the National Scenic Areas is available online at www.scotland.gov.uk/Topics/Environment /Countryside/Heritage.

[^f00037]: 2000 asp 10.

[^f00038]: S.S.I. 2003/51 as amended by S.S.I. 2003/169.

[^f00039]: S.S.I. 2002/276 as amended by S.S.I 2005/305.

[^f00040]: S.S.I. 2002/546.

[^f00041]: The latest publication of the Organic Standards Compendium was published September 2006 and is available from defra online at www.defra.gov.uk/farm/organic or from Nobel House, 17 Smith Square, London SW1P 3JR.

[^f00042]: A list of SPAs and potential SPAs is maintained by SNH and can be obtained online at www.snh.gov.uk or by contacting SNH at Great Glen House, Leakin Road, Inverness IV3 8NN. Potential SPAs are listed as “at consultation stage”.

[^f00043]: The Scottish Executive Urban Rural Classification is available online at www.scotland.gov.uk/publications or by contacting Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00044]: S.I. 1994/2716. A list of the sites can be obtained from SNH online at www.snh.org.uk or from SNH area offices.

[^f00045]: The UK Biodiversity Action Plan was published in January 1994 and has a dedicated website, www.ukbap.org.uk.

[^f00046]: 2004 asp 6.

[^f00047]: The latest edition of this publication is the 2nd Edition published 2004, ISBN 0855386266 and copies are available online at www.forestry.gov.uk or from Forestry Commission Publications, PO Box 25, Wetherby, West Yorkshire, LS23 7EW.

[^f00048]: Details of the full time equivalent and information relating thereto can be found in the programme guidance published by the Scottish Ministers relating to these Regulations and available on line at www.scotland.gov.uk or by contacting Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00049]: The Farm Soils Plan Protecting Soils and Income in Scotland, published by the Scottish Ministers on 13.12.05 ISBN 185482 8479 is available on line at www.scotland.gov.uk or from Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00050]: S.S.I. 2003/531 as amended by S.S.I. 2006/133.

[^f00051]: Accredited lists are available on line at www.berr.gov.uk or by contacting the Department for Business, Enterprise and Regulatory Reform, Victoria Street, London, SW1H 0ET.

[^f00052]: Accredited lists are available on line at www.berr.gov.uk or by contacting the Department for Business, Enterprise and Regulatory Reform, Victoria Street, London, SW1H 0ET.

[^f00053]: The UK Woodland Assurance Standard (2nd Edition) was published 1st November 2006 and is available on line at www.ukwas.org.uk or from Forestry Commission Publications, PO Box 25, Wetherby, West Yorkshire, LS23 7EW.

[^f00054]: O.J. No. L 124, 20.5.2003, p.36.

[^f00055]: S.S.I. 2005/348 as amended by S.S.I. 2006/553 and 2007/219.

[^f00056]: These Codes of Practice are published by the British Association for Shooting and Conservation and are available on line at www.basc.org.uk or from the head office at Marford Mill, Rossett, Wrexham, LL12 0HL. Information regarding Open General Licence is available in the programme guidance issued by the Scottish Ministers relating to these Regulations or on line at www.scotland.gov.uk.

[^f00057]: Substitute feeding of Hen Harriers on Grouse Moors was published by SNH and is available on line at www.snh.org.uk or by contacting Great Glen House, Leakin Road, Inverness, IV3 8NN.

[^f00058]: S.I. 2002/2677 as amended by S.I. 2003/978, 2004/3386, 2006/557 and 2007/1573.

[^f00059]: Code of Practice for Using Plant Protection Products in Scotland published January 2007, ISBN 0755950933 available on line at www.scotland.gov.uk or from the Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00060]: 1990 c. 43 as last amended by S.S.I. 2007/251.

[^f00061]: S.I. 1992/588 as relevantly amended by S.I. 1994/1056, 1996/972, S.S.I. 2005/22 and S.I. 2006/937.

[^f00062]: S.I. 2002/2677 as amended by S.I. 2003/978, 2004/3386, 2006/557 and 2007/1573.

[^f00063]: Code of Practice for Using Plant Protection Products in Scotland published January 2007, ISBN 0755950933 available on line at www.scotland.gov.uk or from the Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00064]: 1990 c. 43 as amended by S.S.I. 2007/251.

[^f00065]: S.I. 1992/588 as relevantly amended by S.I. 1994/1056, 1996/972, S.S.I. 2005/22 and S.I. 2006/937.

[^f00066]: Code of Practice for Using Plant Protection Products in Scotland published January 2007, ISBN 0755950933 available on line at www.scotland.gov.uk or from the Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00067]: The Forestry Code of Practice Guide – Managing and controlling invasive rhododendron is available on line at www.forestry.gov.uk or from Forestry Commission Publications, PO Box 25, Wetherby, West Yorkshire, LS23 7EW.

[^f00068]: Copies of the plan can be obtained from SNH either on line at www.snh.org.gov or from SNH, Great Glen House, Leakin Road, Inverness, IV4 8NW.

[^f00069]: The UK Biodiversity Action Plan was published in January 1994 and has a dedicated website – www.ukbap.org.uk.

[^f00070]: This Practice Note is published by the Forestry Commission and is available on line at www.forestry.gov.uk or from Forestry Commission Publications, PO Box 25, Wetherby, West Yorkshire, LS23 7EW.

[^f00071]: All these Practice Notes are published by the Forestry Commission and are available on line at www.forestry.gov.uk or from Forestry Commission Publications, PO Box 25, Wetherby, West Yorkshire, LS23 7EW.

[^f00072]: 1954 c. 68.

[^f00073]: The Muirburn Code published 2001 is available on line at www.scotland.gov.uk or from the Scottish Government, Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00074]: The Muirburn Code published 2001 is available on line at www.scotland.gov.uk or from the Scottish Government, Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00075]: The Inventory of Ancient Wood Pasture in Scotland is maintained by Scottish Natural Heritage and is available from them on line at www.snh.org.gov or Great Glen House, Leakin Road, Inverness, IV3 8NW.

[^f00076]: Lists of accredited installers are available on line at www.berr.gov.uk or by contacting the Department for Business, Enterprise and Regulatory Reform, 7 Victoria Street, London, SW1H 0ET.

[^f00077]: 2003 asp 2.

[^f00078]: 2003 asp 2.

[^f00079]: 2003 asp 2.

[^f00080]: 1979 c. 46.

[^f00081]: The Muirburn Code published 2001 is available on line at www.scotland.gov.uk or from the Scottish Government, Rural Directorate, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.

[^f00082]: S.I. 1994/1056 as relevantly amended by S.I. 1994/1137, 1995/288 and 1950, 1996/593, 634, 916, 972, 973 and 1279, 1997/2203, 1998/606 and 2746, and S.S.I. 2000/323 and 235, 2003/170, 171 and 593, 2004/275, 2005/22, 2006/128 and 541, 2007/172 and 251.

[^f00083]: S.I. 1994/1056 as relevantly amended by S.I. 1994/1137, 1995/288 and 1950, 1996/593, 634, 916, 972, 973 and 1279, 1997/2203, 1998/606 and 2746, and S.S.I. 2000/323 and 235, 2003/170, 171 and 593, 2004/275, 2005/22, 2006/128 and 541, 2007/172 and 251.

[^f00084]: 1997 c. 8.

[^f00085]: 1997 c. 9.

[^f00086]: The Inventory of Gardens and Designed Landscapes is published and maintained by Historic Scotland and is available on line at www.historic-scotland.gov.uk/index/gardens.htm or from Historic Scotland, Longmore House, Salisbury Place, Edinburgh, EH9 1SH.

[^f00087]: The Inventory of Gardens and Designed Landscapes is published and maintained by Historic Scotland and is available on line at www.historic-scotland.gov.uk/index/gardens.htm or from Historic Scotland, Longmore House, Salisbury Place, Edinburgh, EH9 1SH.

[^f00088]: 1997 c. 9.

[^f00089]: 1979 c. 46.

[^f00090]: 1997 c. 8.

[^f00091]: 1997 c. 9.

[^f00092]: The Inventory of Gardens and Designed Landscapes is published and maintained by Historic Scotland and is available on line at www.historic-scotland.gov.uk/index/gardens.htm or from Historic Scotland, Longmore House, Salisbury Place, Edinburgh, EH9 1SH.

[^f00093]: 1997 c. 9.

[^f00094]: 1997 c. 8.

[^f00095]: S.S.I. 1992/223.

[^f00096]: S.I. 2002/3026.

[^f00097]: The guidance to be followed is outlined in the programme guidance.

[^f00098]: S.I. 1986/1510 as amended by S.I. 1994/3142, 1997/188 and 2001/880.

[^f00099]: S.I. 1989/1263 as relevantly amended by S.I. 1996/593 and S.S.I. 2000/62.

[^f00100]: S.I. 1994/1056 as relevantly amended by S.I. 1994/1137, 1995/288 and 1950, 1996/593, 634, 916, 972, 973 and 1279, 1997/2203, 1998/606 and 2746, and S.S.I 2000/323 and 235, 2003/170, 171 and 593, 2004/275, 2005/22, 2006/128 and 541, 2007/172 and 251.

[^f00101]: S.I. 1994/2716 as relevantly amended by S.I. 2007/1843, S.S.I. 2004/475, 2006/270, 2007/80, 349, 485 and 517 and 2008/17.

[^f00102]: S.I. 1996/1507.

[^f00103]: S.S.I. 2000/323 as amended by 2004 asp 8, Schedule 2, paragraph 7, S.S.I. 2002/493, S.S.I 2003/146, 170, 221, 235 and 411, 2004/26, 110, 112 and 512, 2005/101, 340 and 510, 2006/127 and S.I. 2007/2325.

[^f00104]: S.S.I. 2000/178 as amended by S.S.I. 2000/323, 2005/658 and 2007/179.

[^f00105]: S.S.I. 2003/51 as amended by S.S.I. 2003/169.

[^f00106]: S.S.I. 2003/411 as amended by S.S.I. 2006/530 and 2007/1.

[^f00107]: S.S.I. 2003/531 as amended by S.S.I. 2006/133 and 2008/54.

[^f00108]: S.S.I. 2005/331 as amended by S.S.I. 2006/241, 449 and 576 and 2007/119 and 410.

[^f00109]: S.S.I. 2005/348 as amended by S.S.I. 2006/553 and 2007/219.

[^f00110]: S.S.I. 2006/543.

[^f00111]: S.S.I. 2006/582 as amended by 2006/614.

In Schedules 2, 3 and 4 and in this Schedule–

• “the 1994 Regulations” means the Organic Aid (Scotland) Regulations 1994 ;

• “the 2004 Regulations” means the Organic Aid (Scotland) Regulations 2004 ;

• “alpaca” means any alpaca of any breed which are kept by way of business for the primary purpose of fibre production;

• “ancient wood pasture” means land currently listed in, and land which is a candidate for listing in, the “Inventory of Ancient Wood Pasture in Scotland” as maintained by Scottish Natural Heritage ;

• “arable crops” means cereals, linseeds, oilseed, root crops, fruit crops or protein crops, including vining peas;

• “arable land” means land which was in an arable crop (or under set aside or lying fallow as part of a normal crop rotation) in one or more years during the five years prior to the 15th May in the year of submission of the application for aid;

• “BASC Codes of Practice on Shooting, Lamping and Trapping of Pest Animals” means the Code of Good Shooting Practice 2008, the Code of Practice on Lamping 2004, the Code of Practice on Trapping of Pest Mammals 2007 and the Code of Practice on the Trapping of Pest Birds 2001 produced by the British Association for Shooting and Conservation;

• “beetlebank” means a grass strip between 1.5 metres and 6 metres created in the margin of or through an arable field in order to allow beneficial insects to over-winter;

• “bio-bed” means a shallow excavation filled with biomass;

• “breeding cow” means a cow that forms part of a herd either used for rearing calves for meat production or used for milk production and which has borne a calf;

• “coastal heath” means land bordering the sea containing moorland or species-rich grassland affected by salt spray and exposure;

• “community woodland” means woodland where at least 50% of the planting is located within 1 kilometre of the homes of 2000 or more people following liaison and consultation with the community and designed to provide opportunities for public access and recreation;

• “control body” means an independent private third party organisation carrying out inspection and certification in organic production as in Article 2 of Council Regulation834/2007;

• “Council Regulation 834/2007” means Council Regulation (EC) No. 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 as amended from time to time;

• “cropped machair” means sandy plains formed when calcareous shell-sand has been blown over glacial deposits and peat and which has been subject to cultivation within the last 10 years;

• “designed landscape” means a garden or a landscape, including parkland policy grassland, which is included in a record, recognised by the Scottish Ministers, of existing historic gardens and designed landscapes;

• “ditches” means a man-made channel or adapted watercourse on in-bye land, which has a bed width of not less than 0.3 metres and which generally carries water away from surrounding land or field drainage systems throughout the year;

• “ewe” means a female sheep which is at least one year old on the 1st of January preceding the application for aid and which is kept in a breeding flock;

• “European site” has the meaning given in regulation 10 of the Conservation (Natural Habitats &c.) Regulations 1994 ;

• “farmed deer” means any deer (of any species) which are managed on a holding enclosed by a deer-proof barrier and are kept on the holding by way of business for the primary purpose of the production of meat;

• “favourable condition” means in relation to the features for which SSSI sites or European sites are designated that such sites are (1) in satisfactory condition as determined by SNH or (2) recovering, with the necessary management measures in place, such that SNH predicts that such sites will in due course reach satisfactory condition;

• “floodplain” means eligible land adjacent to a watercourse which is subject to flooding in times of high water level;

• “formally in conversion” means that the necessary formal written consent has been obtained by the applicant from a control body that the land is in conversion;

• “full organic certification” means certification from a control body that the land is fully organic;

• “fully organic” means land which is farmed in accordance with Council Regulation 834/2007 and the Organic Standards Compendium which has been certified as fully organic by a control body;

• “General Licence” means a licence granted by the Scottish Ministers to allow an individual to take or kill birds or eggs or nests of specific named species for the licensable purposes listed in section 16 of the Wildlife and Countryside Act 1981;

• “goat” means any goat (of any species) which is kept by way of business for the purposes of fibre, meat or milk production;

• “grass margin” means a grass strip between 1.5 metres and 6 metres created in the margin of or through an arable field in order to allow beneficial insects to over-winter;

• “HAP” means a Habitat Action Plan which is part of the UK Biodiversity Action Plan ;

• “hedge” means a line of shrubs or trees which delineate field boundaries;

• “herd” means two or more breeding cows of either pure-bred or first cross native or traditional breed;

• “IACS business” means a business registered on the Integrated Administration and Control System run by the Scottish Government Rural Payments and Inspections Directorate and given a unique business reference number;

• “improved grassland” means either land used for grazing (other than arable land) where over one third of the sward comprises, singly or in mixture, ryegrass, cocksfoot or timothy, or land that has been improved by management practices such as liming and top dressing, where there is not a significant presence of sensitive plant species indicative of native unimproved grassland;

• “in-bye land” means that part of a farm not comprising the hill and rough grazings, the bulk of which is used for arable and grassland production;

• “indicator species” means the following:–Yarrow (Achillea millefolium);Lady's Smock (Cardamine pratensis);Marsh Thistle (Cirsium palustre);Tufted Hair-grass (Deschampsia caespitosa);Waxy Hair-grass (Deschampsia flexuosa);Cat's-ear (Hypochoeris radicata);Wood-rush (Luzula spp.);Black Medick (Medicago lupulina);Selfheal (Prunella vulgaris);Common sorrel (Rumex acetosa);Gorse (Ulex europaeus);Germander Speedwell (Veronica chamaedrys);

• “injurious weeds” means spear thistle, creeping or field thistle, curled dock, broadleaved dock, and common ragwort;

• “Less Favoured Area” has the same meaning as in regulation 2(1) of the Less Favoured Area Support Scheme (Scotland) Regulations 2007 ;

• “livestock” means bovine, ovine, caprine, alpaca and farmed deer;

• “livestock unit” means a unit of measurement of livestock numbers, and each of the following constitute one livestock unit:–one cow (including suckling calves);one unit of cattle, other than a cow, aged 24 months and over;1.66 cattle, other than cows, aged over 6 months but less than 24 months;6.66 ewes (including suckling lambs);6.66 sheep, other than ewes;6.66 goats;2.5 adult stags farmed deer aged 27 months and over;3.33 hinds farmed deer (including suckling calves) aged 27 months and over;5 juvenile farmed deer, aged over 6 months but less than 27 months;3.33 alpacas;

• “local ranger or access officer” means a ranger or access officer employed by SNH or a local authority or, if within a National Park, by the relevant Park Authority;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

• “local development strategy” means a coherent set of projects, contracts or arrangements or other actions to meet local objectives and needs implemented in partnership at the appropriate level allowing achievement of the objective of improving the quality of life in rural areas and encouraging diversification of economic activity and encompassing one or more of the measures under Article 52 of Council Regulation 1698/2005;

• “locally distinctive built boundary features” means the following – earthen and turf banks, ha has, parkland fencing, walled garden walls, bridges, gateposts, gatepiers, mounting stands, mile markers and stone stiles;

• “lowland heath” means land generally found below 300 metres in altitude, usually characterised by plants such as heather, dwarf grass and cross based heath; amongst the heather layer, there are generally scattered areas of trees and scrub;

• “lowland raised bog” means an isolated peat deposit over one metre thick that is surrounded by non peat soils;

• “machair” means sandy plains formed when calcareous shell sand has been blown over glacial deposits and peat but does not include cropped machair;

• “moorland” means land with predominantly semi natural upland vegetation or comprising predominantly rock outcrops and semi natural upland vegetation, which is used for rough grazing;

• “muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946 ;

• “NSA” means a national scenic area defined as such in part 11 of “Scotland's Scenic Heritage” published by the Countryside Commission for Scotland on 26th April 1978 ;

• “National Park” means an area designated as such under section 2 of the National Parks (Scotland) Act 2000 ;

• “Nitrates Action Programme” means the action programme set out in the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 ;

• “nitrate vulnerable zone” means any area designated as a nitrate vulnerable zone by regulation 3 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 and regulation 3 of the Designation of Nitrate Vulnerable Zones (Scotland) (No. 2) Regulations 2002 ;

• “native woodland” means self seeded woodland of native species or woodland derived from an originally naturally occurring woodland;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “organic production” means land which is farmed in accordance with Council Regulation 834/2007 as read with any additional provisions as set out in the Organic Standards Compendium;

• “organic production unit” means land, other than a common grazing, which is fully organic;

• “Organic Standards Compendium” means the Compendium of UK Organic Standards published by the Department of Environment, Food and Rural Affairs ;

• “organic viability proposal” means a proposal outlining how land will be converted to organic production as approved by a control body;

• “outcomes of the SRDP” means the 5 main outcomes for rural development in Scotland as set out in the 2007 to 2013 Rural Development Programme for Scotland approved under Council Regulation 1698/2005 by the European Commission describing the measures arising out of Council Regulation 1698/2005 which will apply to Scotland over the period 2007 to 2013;

• “overgrazing” means grazing land with livestock in such numbers as to adversely affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree;

• “poaching” means the trampling or treading of the ground surface by livestock resulting in permanent damage to the vegetation;

• “potential SPA” means a site identified by Scottish Ministers as potentially qualifying for special protection area classification and for which a decision to classify has yet to be taken pending consultation by SNH ;

• “rough grazings” means land containing semi natural vegetation including heathland, heather moorland, bog and rough grassland used or suitable for use as grazing;

• “rural community group” means a community group which has a written constitution and which holds a bank account for the benefit of that group and whose membership is drawn from a rural settlement;

• “rural settlement” means a settlement which has a population of less than 3000 according to the Scottish Executive Urban Rural Classifications 2003-2004 , 2005–2006 or Scottish Government Urban Rural Classification 2007–2008;

• “scrub” means low growing woody vegetation of small trees and shrubs including linear scrub along field margins and includes all stages from scattered bushes to closed canopy vegetation dominated by locally native shrubs or tree saplings usually less than 5 metres tall occasionally with a few scattered trees, carr, scrub in the uplands and lowlands (including wood edge habitats), montane scrub and coastal scrub are included;

• “SAC” means a special area of conservation designated as such pursuant to regulation 8 of the Conservation (Natural Habitats &c.) Regulations 1994 ;

• “SAP” means a Species Action Plan which is part of the UK Biodiversity Action Plan ;

• “semi-natural native woodland” means an area of land where semi-natural native trees are growing and whose canopy, when mature, will cover at least 20% of the area;

• “SEPA” means the Scottish Environment Protection Agency;

• “small unit” means an agricultural business with no more than 20 hectares of in bye land;

• “SNH” means Scottish Natural Heritage;

• “SPA” means a special protection area being an area classified as such pursuant to Article 4(1) or (2) of Council Directive 79/409/EEC on the conservation of wild birds;

• “species-rich grassland” means in-bye land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;

• “SSSI Site” means a site of special scientific interest within the meaning of section 3(6) or of Schedule 5 to the Nature Conservation (Scotland) Act 2004 ;

• “the Treaty” means the Treaty establishing the European Community;

• “the UK Forestry Standard” means the UK Forestry Standard: the government's approach to sustainable forestry published by the Forestry Commission ;

• “undergrazing” means grazing at a level where there is evidence of the annual growth not being fully utilised or scrub or coarse vegetation is becoming evident and such changes are detrimental to the environmental interest of the site;

• “unimproved grassland” means in-bye land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute either improved grassland or rough grazings;

• “vegetable and fruit land” means land used for growing vegetable and fruit;

• “water margin” means an area of in-bye land bordering an area of still or flowing water;

• “wetland” means in bye ground which is normally saturated with water for a significant proportion of the year; and

• “young farmer” means a person who at the time of submitting the application for aid is under 40 years of age.

...