The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998 and shall come into force on 19th December 1998.

(2) These Regulations shall extend to Scotland only.

Interpretation

2.  In these Regulations–

• “farm” includes livestock unit, and has the same meaning which it has in Annex III, paragraph 2 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources(1);

• “nitrate vulnerable zone” means the area designated as a nitrate vulnerable zone in accordance with regulation 3 of the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996(2);

• “the Committee” means the Hill Farming Advisory Committee constituted under section 32 of the Hill Farming Act 1946(3);

• “SEPA” means the Scottish Environment Protection Agency.

Implementation of action programme

3.—(1) The occupier of any farm all or part of which is in a nitrate vulnerable zone shall ensure that the action programme set out in the Schedule hereto is implemented in relation to any land comprised in the farm and in the nitrate vulnerable zone.

(2) For the purposes of paragraph (1) above, the occupier of a farm shall not cease to be the occupier of the whole of the farm by reason of another agricultural producer using part of the land comprised in the farm.

Notice to remedy contravention of regulation 3

4.—(1) Where the Secretary of State is of the opinion that a person–

(a) is contravening a requirement imposed on him by regulation 3; or

(b) has contravened such a requirement in circumstances which make it likely that the contravention will continue or be repeated,

the Secretary of State may serve a notice on that person in accordance with this regulation.

(2) A notice served in accordance with this regulation shall–

(a) require the person upon whom it is served to carry out such works or to take such precautions and other steps as the Secretary of State considers appropriate to remedy, or to prevent the continuation or repetition of, any contravention to which the notice relates;

(b) state the period within which any such requirement is to be complied with; and

(c) inform the person on whom it is served of the effect in relation to the notice of regulation 5 below.

(3) The period for compliance stated in the notice shall be such period as is reasonable in the circumstances and shall not in any case be less than 28 days.

(4) The Secretary of State may at any time–

(a) withdraw the notice;

(b) extend the period for compliance with any requirement of the notice; or

(c) with the consent of the person on whom the notice is served, modify the requirements of the notice.

Appeals against notices requiring works etc.

5.—(1) A person served with a notice under regulation 4 above may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Committee may allow) appeal to the Committee against the notice.

(2) An appeal under this regulation shall be made by the appellant serving notice on the Committee and the notice shall contain or be accompanied by a statement of the grounds of appeal.

(3) Before determining an appeal under this regulation the Committee shall–

(a) give SEPA an opportunity to express its views on the appeal, and

(b) if requested to do so by the appellant or the Secretary of State, afford them an opportunity of appearing before and being heard by a person appointed by the Committee for that purpose.

(4) On determining an appeal under this regulation the Committee shall have power to direct the Secretary of State to withdraw the notice under regulation 4 above, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.

(5) The period for compliance with a notice under regulation 4 above shall, subject to any direction under paragraph (4) above, be extended by a period equal to the period beginning with the date on which notice of appeal is served and ending on the date on which the Committee finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.

Monitoring

6.—(1) The occupier of any farm all or part of which is in a nitrate vulnerable zone shall permit any person authorised by the Secretary of State (“the authorised person”), accompanied by such persons as appear to the authorised person to be necessary for the purpose, at all reasonable times, where necessary in order to monitor implementation of the action programme or to assess its effectiveness in reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution, to–

(a) enter upon the land;

(b) take samples;

(c) install and maintain equipment; or

(d) examine all records kept in implementation of the action programme.

(2) The occupier of any farm all or part of which is in a nitrate vulnerable zone shall render all reasonable assistance to any person acting by virtue of paragraph (1) above and in particular shall–

(a) produce for inspection such document or record as may be reasonably required by that person; and

(b) at the reasonable request of that person, accompany him in making the inspection of any land.

(3) In this regulation, “occupier” shall be construed in accordance with regulation 3(2).

Offences

7.—(1) Any person who fails to comply with a requirement imposed on him by regulation 3, or by a notice served on him under regulation 4, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

(2) Any person who fails to comply with a requirement imposed on him by regulation 6 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Offences by directors, etc.

8.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in such capacity,

he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) For the purpose of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where an offence under these Regulations is committed by a partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Revocation

9.  Regulation 5 (codes of good agriculture practice) of the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996(4) is hereby revoked.

Sewel

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

25th November 1998