The Countryside Stewardship (Amendment) Regulations 1999

Made: 13th April 1999

Laid before Parliament: 27th April 1999

Coming into force: 20th May 1999

The Minister of Agriculture, Fisheries and Food, being a Minister designated¹ for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community², in the exercise of the powers contained in that section in so far as these Regulations could not have been made under the powers hereinafter mentioned, and otherwise in exercise of the powers conferred on him by section 98 of the Environment Act 1995³ and of all other powers enabling him in that behalf, with the consent of the Treasury and after consulting the Secretary of State, the Countryside Commission, the Nature Conservancy Council for England and the Historic Buildings and Monuments Commission for England in accordance with section 99 of that Act, hereby makes the following Regulations:

Title and commencement

1

These Regulations may be cited as the Countryside Stewardship (Amendment) Regulations 1999 and shall come into force on 20th May 1999.

Interpretation

2

In these Regulations, “the principal Regulations” means the Countryside Stewardship Regulations 1998⁴, and, unless the context otherwise requires, “Schedule 1” means Schedule 1 to the principal Regulations (activities and items in respect of which the Minister may make grants).

Amendment of the principal Regulations

3

The principal Regulations shall be amended in accordance with the provisions of regulations 4 to 7 of these Regulations.

4

In Part I of Schedule 1 (management activities)–

• (a) for the entries set out in column 1 (activity) and column 2 (maximum payment rate), respectively, in paragraphs 1, 2, 3, 4 and 6, there shall be substituted the entries in columns 1 and 2 in the respective paragraphs set out in Part I of Schedule 1 to these Regulations; and

• (b) in paragraph 7, after sub-paragraph (h), there shall be inserted in columns 1 and 2 the entries in the sub-paragraphs set out in the respective columns in Part II of Schedule 1 to these Regulations.

5

In Part II of Schedule 1 (capital activities), in paragraph 5, after sub-paragraph (a) there shall be inserted in columns 1 and 2 the entries in the sub-paragraph set out in the respective columns in Schedule 2 to these Regulations.

6

In Part III of Schedule 1 (advice), after paragraph 3 there shall be inserted in columns 1 and 2 the entries in the paragraph set out in the respective columns in Schedule 3 to these Regulations.

7

In Part IV of Schedule 1 (interpretation), in paragraph 1, the following definitions shall be inserted in the alphabetically appropriate place–

• “heather moorland” means upland rough pasture where heather and other dwarf shrubs are present in the sward;

• “land which has been set aside” means land set aside in accordance with the provisions– of Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops⁵, as last amended by Council Regulation (EC) No. 1624/98⁶, and as read with Council Regulation (EEC) No. 1635/98⁷, Commission Regulation (EEC) No. 3738/92⁸ and Council Regulation 1598/96⁹; and of Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation (EEC) No. 1765/92 with regard to the set-aside scheme¹⁰, as last amended by Commission Regulation (EC) No. 1981/98¹¹, as in turn amended by Commission Regulation (EEC) 2490/98¹².

SCHEDULE 1 — AMENDMENT TO PART I OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

PART I — AMENDED PARAGRAPHS 1, 2, 3, 4 AND 6

PART II — SUB-PARAGRAPHS INSERTED IN PARAGRAPH 7

SCHEDULE 2 — AMENDMENT TO PART II OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

SCHEDULE 3 — AMENDMENT TO PART III OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Signed

Elliot Morley — Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food — 12th April 1999

We consent,

Jim Dowd — David Jamieson — Two of the Lords Commissioners of Her Majesty’s Treasury — 13th April 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply to England (including the Isles of Scilly), amend the Countryside Stewardship Regulations 1998 (S.I. 1998/1327) (“the principal Regulations”), which make provision supplementing Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85), as amended by Commission Regulation (EC) No. 2772/95 (OJ No. L 288, 1.12.95, p.35) which was in turn rectified by Commission Regulation (EC) No. 1962/96 (OJ No. L259, 12.10.96 p.7) on agricultural methods compatible with the requirements of the protection of the environment and the maintenance of the countryside.

The principal Regulations provide for payments of grant to be made by the Minister to any person who enters into a stewardship agreement with the Minister requiring the recipient of the grant to carry out on land in which he has an interest an activity which is conducive to the conservation or enhancement of the countryside or the promotion of its enjoyment by the public.

These Regulations–

• (a) introduce a number of new management and capital activities in respect of which payments may be made;

• (b) specify the maximum payments in respect of such activities;

• (c) modify some of the maximum payments in respect of existing management activities; and

• (d) add a number of definitions.

No regulatory impact assessment has been prepared in respect of these Regulations.

Footnotes