The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 (revoked)

Regulation 2(5)

SCHEDULE 1 S INTERPRETATION OF SCHEDULES

In Schedules 2 and 3 and in this Schedule–

“the 1994 Regulations” means the Organic Aid (Scotland) Regulations 1994 M1 ;

“the 2004 Regulations” means the Organic Aid (Scotland) Regulations 2004 M2 ;

“the 2008 Regulations” means the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 M3 ;

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

“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;

“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;

“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 the purpose of which is to generally carry water away from surrounding land or field drainage systems throughout the year;

“European site” has the meaning given in regulation 10 of the Conservation (Natural Habitats, & c.) Regulations 1994 M4 ;

“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;

[F1 “finishing animals” means feeding animals for subsequent slaughter];

“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;

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

“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;

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

“Lantra” means the Sector Skills Council for the Environmental and Land based Sector;

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

“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;

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

“Nitrates Action Programme” means the action programme set out in the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 M5 ;

[F2 “nitrate vulnerable zone” means any area of land designated as a nitrate vulnerable zone by regulation 2 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014;]

“non native invasive weeds” means the following–

• Allium paradoxum – Few flowered leek

• Allium triquetrum – Three cornered garlic

• Buddleja davidii – Butterfly bush

• Claytonia sibirica – Pink purslane

• Cotoneaster bullatus – Hollyberry cotoneaster

• Cotoneaster horizontalis – Wall cotoneaster

• Cotoneaster integrifolius – Small leaved cotoneaster

• Cotoneaster simonsii – Himalayan cotoneaster

• Crocosmia x crocosmiiflora – Monbretia

• Fallopia japonica – Japanese knotweed

• Fallopia sachaliensis – Giant knotweed

• Gaultheria shallon – Shallon

• Heracleum mantegazzianum – Giant Hogweed

• Impatiens glandulifera – Himalayan balsam

• Impatiens parviflora – Small balsam

• Lysichiton americanum – American skunk cabbage

• Pentaglottis sempervirens – Green alkanet

• Persicaria wallichii – Himalayan knotweed

• Rhododendron ponticum – Rhododendron ponticum

• Rosa rugosa – Japanese rose

• Symphoricarpos albus – Snowberry

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

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

“rush pasture” means permanent pasture on poorly drained in bye land that is periodically saturated with water where extensive areas are dominated by soft rush and/or compact rush;

“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 M6 ;

“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 wholly 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;

“the UK Forestry Standard” means the UK Forestry Standard: the government's approach to sustainable forestry published by the Forestry Commission M7 ;

“unenclosed or hill land” means rough grazings; and

“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.

[F1 “veterinary surgeon” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register provided for under sections 2 and 8 of the Veterinary Surgeons Act 1966.]

Textual Amendments

F1 Words in Sch. 1 inserted (15.5.2009) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/155), regs. 1, 2(6)

F2 Words in Sch. 1 substituted (2.2.2015) by The Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2014 (S.S.I. 2014/373), regs. 1(1), 4(3)

Marginal Citations

M1 S.I. 1994/1701 as amended by S.I. 1996/3083 and 1999/107.

M2 S.S.I. 2004/143 as amended by S.S.I. 2004/174 and 2005/619.

M3 S.S.I. 2008/100.

M4 S.I. 1994/2716. Regulation 10 was relevantly amended by S.S.I. 2004/475.

M5 S.S.I. 2003/51 as amended by S.S.I. 2003/169.

M6 2004 asp 6.

M7 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.

Regulation 9, 10(1) and 11

SCHEDULE 2 S LAND MANAGERS OPTIONS

OPTION, ACTIVITIES AND ELIGIBILITY CONDITIONS AND RATES OF PAYMENT S

F3 ...

Column 1	Column 2				Column 3
Option	Activities and Eligibility Conditions				Rate of Payment
1.  Skills development	An applicant is eligible for payment under this option if the applicant, the applicant's immediate family and/or employee over 16 years, attends a training course, by a trainer recognised by Lantra, to improve business, marketing, management or technical skills or enabling them to diversify into other activities but which– (a) does not form part of normal programmes or systems of agricultural or forestry education at secondary or higher levels; (b) is not required for or leads to a certificate, licence, diploma or other qualification required by law to permit persons to carry out their basic work activities; or (c) is not funded, in whole or in part, by other public funds.				75% of the course fees, up to a maximum of £500 per scheme year.
F4 2. . . .
F5 3. . . .
4.  Modernisation through electronic data management	(1) An applicant is eligible for payment under this option if the applicant invests in electronic hardware and software to improve the performance of agricultural businesses under either or both of the following options– (a) option A – Electronic recording equipment for livestock production in which case one or more than one of the following are eligible– (i) electronic ear tag readers from which information can be gathered and downloaded for management purposes; (ii) electronic weigh cells and recording equipment from which information can be gathered and downloaded for management purposes; or (iii) compatible software which can utilise the downloaded data from (i) and (ii) (or both) or any other source; or (b) option B Precision farming equipment in which case one or more than one of the following items are eligible– (i) precision farming equipment from which information can be gathered and downloaded for management purposes; (ii) precision farming equipment which controls inputs based on data from (i) or any other source; or (iii) compatible software which can utilise the downloaded data from (i) or (ii) (or both). (2) Each option, option A or option B above, can only be undertaken once in any 5 years. Items purchased must be retained for 5 years unless evidence can be provided that the items have been replaced with like items of an equivalent or higher specification. (3) The purchase of personal computers or laptops are ineligible costs.				40% of eligible costs up to a maximum amount of £1,000 per option A or B. Where purchases have been made in collaboration with others the 40% of eligible costs applies only to the applicant's share of eligible costs. An applicant may make only one claim for payment under each option A or B in any 5 years. A one off payment will be made, paid in arrears.
F6 5. . . .
F6 6. . . .
F6 7. . . .
8.  Membership of quality assurance and organic schemes	An applicant is eligible for payment under this option if the applicant participates in one or more of the following quality assurance or organic schemes(certified to EN45011 standard):– Lions Quality Code of Practice for Eggs Linking Environment and Farming (LEAF) marque Freedom Foods Scottish Organic Producers and Certification Scheme Soil Association Assurance Scheme Organic Farmers and Growers – Organic Assurance Scheme Biodynamic Agricultural Association Organic Food Federation Scottish Quality Wild Venison Assurance Scheme [F7 QMS Quality Meat Assurance Scheme – Cattle and Sheep QMS Quality Meat Assurance Scheme – Pigs Scottish Quality Farm Assured Combinable Crops Scheme]				50% of the joining fee and ongoing membership costs, up to a maximum of £150 per scheme year for each quality assurance or organic scheme. The maximum amount of aid for participation in food quality schemes is £2,055.
9.  Wild bird seed mixture/unharvested crop	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant, either– (a) spring sows a mixture of annual crops, including at least one cereal which will provide seed for the targeted species and does not plough down until after 15th March the following year; or (b) spring sows a mixture of at least 2 crops, one of which must seed in the first year and one in the second year and ploughs in after 15th March following last seeding year. (3) For both options (a) and (b) above– (a) plots must be on arable land or improved grassland and a maximum of 2 hectares in size; F8 ... (b) pesticides may be applied where necessary to aid establishment of the crop; otherwise, no application of pesticides is permitted [F9 except with the prior written consent of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of non-native invasive weeds; and. (c) applicants need not manage the same field each year, but must give details of the different fields and their locations and their areas in the application for aid. If during the relevant period, a different rotation to that originally approved is agreed with the Scottish Ministers, the area upon which the annual management payment is calculated will be restricted to either the area originally approved or the revised area, whichever is smaller.] (4) In Corn Bunting areas (East Scotland, Uists and Borders) either one year cereal based mixes must be established or where 2 year mixes are sown, at least 2 plots must be established in alternate years.				£391.26 per hectare per scheme year.
10.  Improvement of rush pasture for wildlife	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) manages areas of dense rushes (that is, areas of rush pasture which are over 50% rushes) by annual grazing or cutting (or both); and (b) between 1st August and 31st March inclusive either– (i) cuts a minimum of one third but no more than two thirds of the rushes in random patterns to leave an open variable mix of rushes and grass pasture; cutting must be undertaken close to the ground and at a minimum under half stem height; or (ii) grazes to remove and thin rushes by a minimum of one third but no more than two thirds; and (c) does not permit heavy poaching.				£100 per hectare of the areas of dense rushes per scheme year.
11.  Summer cattle grazing	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) turns cattle out onto unenclosed or hill land on or before 1st June and keeps them there for at least 3 months; (b) ensures that grazing is evenly distributed and does not damage the land and that there are adequate sheltered areas where the ground is firm and free draining; (c) ensures that there is at least one bovine per 25 hectares; and (d) ensures that the cattle are– (i) at least 6 months of age at the start of the grazing period; and (ii) owned or leased under a written lease.				[F10 £1.95] per hectare of land on which the cattle are maintained, per scheme year.
12.  Management of moorland grazing	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option on moorland if the applicant– (a) prepares and implements a moorland grazing plan; which must be in place by the commencement of the undertaking and which takes account of the combined impacts of livestock and other grazing animals on the land; (b) includes in the plan a report on the current condition and management of the moorland and the proposed [F11 management of] shepherding, F12 ... livestock and feeding practices that will benefit the environment and wildlife which the applicant will carry out; and (c) uses the moorland for agricultural livestock production.				£1.30 per hectare of the moorland grazing per scheme year.
13.  Management of linear features: hedgerows and hedgerow trees and dykes	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) carries out at least one of the options A or B below with the corresponding rates of payment as set out in column 3; (b) prepares a sketch map showing the location of the linear features proposed to be managed under this option; and (c) where the linear feature is also a property boundary, has gained the written consent of the owner or tenant of the neighbouring property for the application for aid under this option. option A Hedgerows and hedgerow trees – in which case the applicant must–
	(a) when managing for landscape benefits, cut the hedges on both sides a maximum of once every 2 years and cut only half of the length of the hedgerow in any one year; or (b) when managing for biodiversity benefits, cut the hedge on both sides a maximum of once every 3 years and cut only one third of the hedgerow in any one year.				£0.10 per metre up to a maximum of 50 metres per hectare of eligible land per scheme year.
	[F13 For sub-paragraphs (a) and (b) of option A referred to above] the applicant must– (i) manage hedges over several years to be at least 1.5 metres tall and at least 2 metres wide at the base, in an A frame shape; (ii) cut back, trim or lop hedgerow trees only between 1st December and 1st March; F14 ... (iii) plant trees of native species and shrubs in accordance with the scheme guidance to fill in gaps in hedges [F15 ; and (iv) cut a different section of hedge each year so that all hedges are cut in    rotation.] option B Dykes – in which case the applicant must–
	(a) repair and reinstate deteriorated and damaged drystane dykes using traditional local material to the standard and style normally found there; and (b) carry out such work only on dyking which has suffered minor damage or deterioration.				£0.10 per square metre (the area of a dyke shall be calculable by multiplying its length by its average height) up to a maximum of 50 square metres per hectare of eligible land per scheme year.
14.  Management of grass margins and beetlebanks	(1) This is a 5 year commitment. (2) For this option, suitable areas must be identified through an environmental or diffuse pollution audit. (3) An applicant is eligible for payment under this option if the applicant– [F16 (a) manages a strip between 1.5 metres to 6 metres in width in an arable field with a minimum width of 3 metres or more where the management is to benefit Hen Harriers, Corn Buntings, Barn Owls or Kestrels and plants at least one species of nectar-feeding plant such as red clover if none is currently planted;] (b) ensures that where the entire field is not sown to an arable crop, the minimum width of the arable area adjacent to the strip is 30 metres; (c) [F17 where no strip currently exists,] establishes the strip by sowing a suitable mix of grass seed, to include at least one species of nectar feeding plant, into a sterile seedbed; (d) does not apply fertiliser, slurry or farmyard manure to stripsF18 ...; (e) does not carry out scrub control except with the prior written agreement of the Scottish Ministers; (f) if grazing or topping the grass margin or beetlebank after harvest, ensures the average height of vegetation in the strip is not taken below 100 millimetres; F19 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) retains any area adjacent to the strip in an arable crop for the duration of the undertaking; and (i) does not apply pesticides to the site [F20 except with the prior written consent of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of non-native invasive weeds]. (4) In a mixed arable situation where an area will be put into grass or a non eligible crop after 3 years, the beetlebank or grass margin may be [F21 relocated] to another eligible field for the remaining 2 years of the undertaking. In this situation, a beetlebank or grass margin may only be [F21 relocated] once during the relevant period of the undertaking. On organic farms where the normal rotation is a 2 year cycle, the beetlebank or grass margin may be moved twice during the 5 year period of the undertaking to ensure that the area is in an eligible crop. Details of the beetlebank or grass margin to be “rotated” in this way including field identifiers and area measurements must be submitted with the application for aid. (5) [F22 Applicants] are not eligible for additional payment to control scrub or injurious weeds or non native invasive weeds.				[F23 Establishment and management, £473.76 per hectare per scheme year. Management only, £407.92 per hectare per scheme year.]
15.  Biodiversity cropping on in bye land	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant– (a) sows plots of spring cereals, fodder root crops or fodder rape, each up to 2 hectares; their total area must not exceed 4 hectares; (b) only undertakes cultivation and the spreading of fertilisers between 1st March and 15th May inclusive each year. Exceptionally, for fodder rape or root crops, cultivations may be carried out after 15th May, any nests located must be marked and avoided; F24 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) does not apply pesticides to the site [F25 except with the prior written consent of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of non-native invasive weeds]; (e) after cropping does not plough or cultivate the area before 1st March of the following year; and (f) maintains the same area of cropped land in each year of the undertaking. (3) Any cropping rotation and crop within that rotation which is traditional in the area is eligible. Arable silage is not an eligible crop. (4) Land which is in conversion to organic production under an undertaking under either the 2008 Regulations, the 2004 Regulations or the 1994 Regulations is not eligible.				£70.94 per hectare of the sown plots per scheme year. Where cereal crop is harvested by binder and the stooks gathered into stacks £470.94 per hectare per scheme year.
16.  Management of conservation headlands	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant–
	(a) manages conservation headlands with a minimum width of 6 metres in arable fields on which cereals, linseed, oilseed or protein crops are being grown; conservation headlands can adjoin both autumn and spring sown crops; conservation headlands adjoining fields where the cereal is to be harvested for arable silage before the grain is ripe are not eligible; and				£70 per hectare.
	[F26 (b) does not apply pesticides except with the prior written consent of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of non-native invasive weeds.]
	(3) A premium rate of payment is available when the applicant does not apply nitrogenous fertiliser to the conservation headland.				Premium rate £135.14 per hectare.
	(4) A supplement is available when the applicant retains conservation headland stubbles until at least the end of February.				Supplement rate £21 per hectare.
	(5) In all cases– (a) where this option is carried out in a field which is in nitrate vulnerable zone the margin or buffer must start after the 2 metre margin or buffer on which no fertiliser may be applied in accordance with the Nitrates Action Programme; and (b) the location of the areas managed for the purpose of this option may change each year but the number of hectares applied for in any year must be maintained for 5 years.
17.  Retention of winter stubbles	(1) This is a 5 year commitment. [F27 (2)  An applicant is eligible for payment under this option if the applicant— (a) retains stubbles from the harvest of spring or winter cereals, protein or oilseed crops and does not plough or cultivate the area until the end of the following February; (b) does not apply post-harvest pesticides except with the prior written consent of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of non-native invasive weeds; and (c) does not apply pre-harvest desiccants.] (3) Arable silage is not eligible under this option. (4) The location of the areas managed for the purposes of this option may change from year to year but the number of hectares applied for in any year must be maintained for 5 years.				£96 per hectare of the winter stubbles retained per scheme year.
F6 18. . . .
F6 19. . . .
20.  Improving access	(1) This is a 5 year commitment. (2) An applicant is eligible for payment under this option if the applicant–
	(a) upgrades and marks existing paths or routes and enables paths that were previously only footpaths to be made accessible to all types of user; the path or route must meet at least one of the following criteria, it must– (i) link to local networks; (ii) give access to points of attraction; (iii) meet the local needs of all types of user including access to core paths as defined in accordance with section 17 of the Land Reform (Scotland) Act 2003 M8 ; and				75% of actual costs per item paid in arrears.
	(b) provides a boardwalk, bridge or culvert where such item is directly associated with (2)(a) above. Different items can be claimed but each item can be claimed only once.				75% of the capital cost of boardwalks, bridges and culverts, up to a maximum of £150 per item. This is a one off payment per item paid in arrears.
	(3) In all cases, the applicant must– (a) submit a 1:10,000 scale map with their application for aid, which identifies the location of the path or route and the location and type of eligible item being claimed; (b) submit a copy of the map to the local authority within the meaning of section 32 of the Land Reform (Scotland) Act 2003; and (c) ensure the path/route and boardwalks, bridges and culverts meet the requirements as set out in the scheme guidance. (4) Tarmac/bitumen surfaced motor vehicle tracks are ineligible for upgrading under this option. (5) The bridge capital item available under this option is only eligible where the bridge is of a type which is not designed for motorised vehicle use, other than one which has been constructed or adapted for use by a person who has a disability. The bridge must be for members of the public exercising their rights under Part 1 of the Land Reform (Scotland) Act 2003 and must link 2 paths or routes together and cannot be used for vehicle infrastructure purposes. (6) Paths already being enhanced, managed or maintained by another organisation or individual are ineligible under this option.
21.  Active management to improve the condition of vernacular rural buildings, archaeological or historic sites and historic landscapes	(1) An applicant is eligible for payment if the applicant is a rural land manager with eligible buildings or sites and if the applicant undertakes either or both of the following options– option A [F28 carries out management works to improve the condition of archaeological or historic sites or historic landscapes in accordance with the scheme guidance]; or option B carries out, in accordance with the scheme guidance, active management and repair of specified pre 1940 rural buildings of traditional character for the area that are structurally sound but in need of small scale repairs, excluding buildings designated as scheduled monuments under the Ancient Monuments and Archaeological Areas Act 1979 M9 . (2) Where an applicant undertakes option A above the following applies– (a) the applicant must– (i) keep a photographic record of each site managed before management commences, [F29 and after 1 year, 3 years and 5 years following commencement of the undertaking]; and (ii) consult Historic Scotland before carrying out any work on a site designated as a scheduled monument under the Ancient Monuments and Archaeological Areas Act 1979 and comply with that Act; (b) an applicant is eligible for payment if they undertake any of the following works– (i) control of vegetation through methods which do not cause ground disturbance. Vegetation controlled must have a trunk diameter of less than 10 cm; (ii) grazing control to retain adequate grass or heather cover and prevent the establishment of scrub, woody plants, and trees using methods that do not require the addition of any new or temporary fencing. If grazing ceases manual methods must be introduced; (iii) establishment of a 10 metre unploughed buffer zone around visible archaeological or historic sites; or (iv) taking a crop mark site out of cultivation and sowing to grass. When establishing the sward, ploughing depth must not exceed 100 millimetres; F30 ... [F31 (c) an applicant must submit receipted invoices in support of a claim for payment;  and (d) an applicant is not eligible for payment in respect of— (i) artefact find spots and battlefield sites; or (ii) buildings, structures and engineering works that are still serving a function, or are in use, or are intended to be brought back into use.] (3) Where an applicant undertakes option B above the following applies– (a) an applicant must– (i) keep a photographic record of each building to be managed before management commences, [F29 and after 1 year, 3 years and 5 years following commencement of the undertaking]; and (ii) undertake a precautionary survey to assess for the presence of protected species prior to works commencing; [F32 (b) an applicant must submit receipted invoices in support of a claim for payment;  and] (c) an applicant is not eligible for payment– (i) if the building managed is used for human habitation or occupation, either permanent, temporary or seasonal; (ii) if the works proposed to the building require either planning permission within the meaning of the Town and Country Planning (Scotland) Act 1997 M10 , listed building consent within the meaning of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 M11 or a building warrant within the meaning of section 8 of the Building (Scotland) Act 2003 M12 ; F33 ... (iii) if the applicant is already receiving payment under the 2008 Regulations or under another land managers option for non productive investments as defined in Article 36(b)(vii), Article 41 and Article 49 of Council Regulation 1698/2005 on the same building. [F34 (iv) if the active management and repair work being undertaken is part of a project to bring other buildings on site into use for human habitation or occupation, either permanent, temporary or seasonal; or (v) if the works to the building entail the repair or introduction of electrics, plumbing, non-original features, materials, interior fixtures or fittings unless required by building regulations or health and safety legislation. (4) In the 5 years following the end of the year in which payment was made— (a) items funded under this option must be maintained and not modified; and (b) any building repaired under this option must not be sold or used for human habitation or occupation, either permanent, temporary or seasonal.]				For option A, F35 ... payment in arrears, [F36 up to] 100% of actual costs incurred during the claim year. For option B, F35 ... payment in arrears, [F36 up to] 75% of actual costs incurred during the claim year.
F6 22. . . .
[F37 23.  Natural regeneration after cereals	(1) This is a 5 year commitment.				£406 per hectare per scheme year]
	(2) An applicant is eligible for payment under this option if the applicant—
		(a)		retains stubbles from the harvest of winter cereals and leaves the area uncropped to naturally regenerate and produce rough fallow conditions until the end of August following the harvest;
		(b)		does not graze, plough or cultivate the area of stubble and any subsequent natural regeneration until after 31st August in the year following the harvest; and
		(c)		following the harvest, does not apply fertilisers, manure or pesticides except with the prior written consent of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of non-native invasive weeds.
	(3) Plots may be rotated and the location of the areas managed for the purpose of this option may change from year to year but the number of hectares applied for in any year must be maintained for 5 years.
	(4) Where crops are not rotated an applicant must—
		(a)		cut at least once in every 2 years in early autumn to a minimum sward height of 10 centimetres and remove cuttings; or
		(b)		leave plots uncut if conservation benefits are expected to result.
	(5) Applicants must set out the conservation objectives in a plan which must be retained and be available for inspection.
[F37 24.  Maintenance of organic farming	(1) This is a 5 year commitment.				£60 for arable and vegetable and fruit land, £50 for improved grassland and £5 for unimproved grassland/rough grazing, per hectare per scheme year.]
	(2) Land is eligible if—
		(a)		the land is an organic production unit or, if the applicant is a grazings committee, the common grazings is fully organic;
		(b)		the land is at least one hectare;
		(c)		the land falls within any of the following categories:—
			(i)	arable land;
			(ii)	improved grassland;
			(iii)	rough grazings or unimproved grassland;
			(iv)	vegetable and fruit land; and
		(d)	either—
			(i)	no aid is payable under these Regulations, the 2004 Regulations or the 1994 Regulations in respect of the land; or
			(ii)	aid is payable by virtue of the 2008 Regulations, the 2004 Regulations or the 1994 Regulations in respect of the land but the entitlement to that aid has ceased before the commencement of the scheme year.
	(3) An applicant is eligible for payment under this option if the applicant—
			(a)	submits to the Scottish Ministers evidence of full organic certification for the land included in the application;
			(b)	continues to farm the land in accordance with Council Regulation 834/2007 throughout the relevant period;
			(c)	ensures that where land is to be registered with a different control body, such registration must occur before the expiry of the existing registration;
			(d)	maintains full organic certification throughout the relevant period and submits confirmation of such certification to the Scottish Ministers; and
			(e)	where land is vegetable and fruit land, produces vegetables or fruit for a minimum of 2 years during the relevant period.
	(4) In this option—
	“control body” means an independent private third party organisation carrying out inspection and certification in the field of organic production as referred to in Article 2(p) of Council Regulation 834/2007;
	“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;
	“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, which has been certified as fully organic by a control body;
	“organic production unit” means land other than a common grazing, which is fully organic; and
	“vegetable and fruit land” means land used for growing vegetables and fruit.

Textual Amendments

F3 Words in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 13(a) (with reg. 28)

F4 Words in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 14 (with reg. 28)

F5 Words in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 15 (with reg. 28)

F6 Words in Sch. 2 omitted (1.12.2013) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/309), regs. 1(1), 2 (with reg. 3)

F7 Words in Sch. 2 inserted (15.5.2009) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/155), regs. 1, 2(7)(a)

F8 Word in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 16(a) (with reg. 28)

F9 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 16(b) (with reg. 28)

F10 Word in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 17 (with reg. 28)

F11 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 18(a) (with reg. 28)

F12 Word in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 18(b) (with reg. 28)

F13 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 19(a) (with reg. 28)

F14 Word in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 19(b) (with reg. 28)

F15 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 19(c) (with reg. 28)

F16 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(i) (with reg. 28)

F17 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(ii) (with reg. 28)

F18 Words in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(iii) (with reg. 28)

F19 Words in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(iv) (with reg. 28)

F20 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(v) (with reg. 28)

F21 Word in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(vi) (with reg. 28)

F22 Word in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(a)(vii) (with reg. 28)

F23 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 20(b) (with reg. 28)

F24 Words in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 21(a) (with reg. 28)

F25 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 21(b) (with reg. 28)

F26 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 22 (with reg. 28)

F27 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 23 (with reg. 28)

F28 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(i) (with reg. 28)

F29 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(ii) (with reg. 28)

F30 Word in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(iii) (with reg. 28)

F31 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(iv) (with reg. 28)

F32 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(v) (with reg. 28)

F33 Word in Sch. 2 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(vi) (with reg. 28)

F34 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(a)(vii) (with reg. 28)

F35 Word in Sch. 2 omitted (15.5.2009) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/155), regs. 1, 2(7)(b)

F36 Words in Sch. 2 substituted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 24(b) (with reg. 28)

F37 Words in Sch. 2 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 26 (with reg. 28)

Marginal Citations

M8 2003 asp 2.

M9 1979 c. 46.

M10 1997 c. 8.

M11 1997 c. 9.

M12 2003 asp 8.

Regulation 10(5)

SCHEDULE 3 S

PART 1 S 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 M13 .

Marginal Citations

M13 The guidance to be followed is outlined in the scheme guidance.

PART 2 S Primary Legislation

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

The Wildlife and Countryside Act 1981 (c. 69).

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 S

The Control of Pesticides Regulations 1986 M14 .

Marginal Citations

M14 S.I. 1986/1510 as amended by S.I. 1994/3142, 1997/188 and 2001/880.

The Sludge (Use in Agriculture) Regulations 1989 M15 .

Marginal Citations

M15 S.I. 1989/1263 as relevantly amended by S.I. 1996/593 and S.S.I. 2000/62.

[F38 The Waste Management Licensing (Scotland) Regulations 2011].

Textual Amendments

F38 Words in Sch. 3 Pt. 2 substituted (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), Sch. 6 para. 9

The Conservation (Natural Habitats etc.) Regulations 1994 M16 .

Marginal Citations

M16 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.

The Ancient Monuments (Class Consents) (Scotland) Order 1996 M17 .

Marginal Citations

M17 S.I. 1996/1507.

[F39 The Pollution Prevention and Control (Scotland) Regulations 2012].

Textual Amendments

F39 Words in Sch. 3 Pt. 2 substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), Sch. 11 para. 19(2) (with reg. 71)

The Contaminated Land (Scotland) Regulations 2000 M18 .

Marginal Citations

M18 S.S.I. 2000/178 as amended by S.S.I. 2000/323, 2005/658 and 2007/179.

F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Words in Sch. 3 omitted (15.3.2011) by virtue of The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 27(a) (with reg. 28)

The Animal By Products (Scotland) Regulations 2003 M19 .

Marginal Citations

M19 S.S.I. 2003/411 as amended by S.S.I. 2006/530 and 2007/1.

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 M20 .

Marginal Citations

M20 S.S.I. 2003/531 as amended by S.S.I. 2006/133 and 2008/54.

The Plant Protection Products (Scotland) Regulations 2005 M21 .

Marginal Citations

M21 S.S.I. 2005/331 as amended by S.S.I. 2006/241, 449 and 576 and 2007/119 and 410.

The Water Environment (Controlled Activities) (Scotland) Regulations 2005 M22 .

Marginal Citations

M22 S.S.I. 2005/348 as amended by S.S.I. 2006/553, 2007/219 and 2008/54.

The EC Fertilisers (Scotland) Regulations 2006 M23 .

Marginal Citations

M23 S.S.I. 2006/543.

The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 M24 .

Marginal Citations

M24 S.S.I. 2006/582 as amended by 2006/614.

[F41 The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008.]

Textual Amendments

F41 Words in Sch. 3 inserted (15.3.2011) by The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/85), regs. 1(1), 27(b) (with reg. 28)