The Environmentally Sensitive Areas (Shetland Islands) Designation Amendment Order 2001

Scottish Statutory Instruments

2001 No. 29

AGRICULTURE

The Environmentally Sensitive Areas (Shetland Islands) DesignationAmendment Order 2001

Made

6th February 2001

Laid before the Scottish Parliament

6th February 2001

Coming into force

8th March 2001

The Scottish Ministers, in exercise of the powers conferred by section18(1), (4) and (11) of the Agriculture Act 1986(1) and of allother powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Environmentally Sensitive Areas(Shetland Islands) Designation Amendment Order 2001 and shall come intoforce on 8th March 2001.

(2) In this Order “the principal Order” means the EnvironmentallySensitive Areas (Shetland Islands) Designation Order 1993(2).

Amendment of the principal Order

2.—(1) In article 8(a) of the principal Order(3) for the words“15th August 1996, up to a maximum of £20,000 for each 5 yearconservation plan” there shall be substituted the words “8th March2001 up to a maximum rate for each 5 year conservation plan, of£52,500 for operations comprising stock reduction and £30,000for other operations”.

(2) For article 8(b) of the principal Order there shall be substituted–

“(b) in the case of an agreement entered into before that date–

(i) for the whole years or remaining whole years of a 5 year conservationplan included in such agreement, up to a maximum rate calculated bymultiplying £10,500 for operations comprising stock reduction by thenumber of those whole years or remaining whole years; and

(ii) up to a maximum rate of £30,000 for other operations for a 5 yearconservation plan included in such agreement, which agreement had commencedbut which had not ended before that date.”.

3.  For article 9(a) and (b) of the principal Order(4) thereshall be substituted–

“(a) in the case of an agreement entered into on or after 8th March 2001, upto a maximum rate for each 5 year conservation plan, of £52,500 foroperations comprising stock reduction and £60,000 for otheroperations.

(b) in the case of an agreement entered into before that date–

(i) for the whole years or remaining whole years of a 5 year conservationplan included in such agreement, up to a maximum rate calculated bymultiplying £10,500 for operations comprising stock reduction by thenumber of those whole years or remaining whole years; and

(ii) up to a maximum rate of £60,000 for other operations for a 5 yearconservation plan included in such agreement, which agreement had commencedbut which had not ended before that date.”.

4.—(1) In paragraph 12 of Part I of the Schedule to the principal Order–

(a) in sub-paragraph (b)(v) for the words “measures to restore dykes,stone crus and planticrubs” there shall be substituted the words“measures to restore or create dykes and measures to restore stone crusand planticrubs, in each case”.

(b) after sub-paragraph (b)(viii)(d) there shall be inserted–

“(ix) where measures under paragraph (viii) above are included in anagreement and if the crofter or farmer so wishes, the provision by thatperson of an additional area for early and late cover for birds subject asfollows;

(a) grazing is prohibited between 28 February and 30 September except withthe prior written consent of the Scottish Ministers;

(b) grazing at times other than those specified in sub paragraph (ix)(aa)will not exceed 0.3 Livestock Units per hectare except with the priorwritten consent of the Scottish Ministers;

(c) cutting is prohibited except with the prior written consent of theScottish Ministers;

(d) hay and silage are cut in a method that causes minimal damage to youngbirds.”.

(2) In paragraph 12(b)(iii) of Part II of the Schedule to the principalOrder for the words “measures to restore dykes and stone crus” thereshall be substituted the words “measures to restore or create dykes andmeasures to restore stone crus”.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th February 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (ShetlandIslands) Designation Order 1993 (“the principal Order”) by introducinga ceiling for payments for stock reduction of £52,500 and increasingthe ceiling for payments for other operations from £20,000 to£30,000. (article 2). It also introduces a ceiling of £52,500for payments for stock reductions made to common grazings committees.(article 3). It allows the inclusion of measures to restore or create dykeswith respect to agreements with farmers or crofters. It also allowsmeasures to create or restore dykes and measures to restore stone crus withrespect to agreements with common grazings committees (article 4).

The amendment also allows the creation of additional areas of early andlate cover for birds. This option may be exercised only where the agreementalso contains provisions under paragraph 12(b)(viii) of Part I of theSchedule to the principal Order. (article 4).

(1)

1986 c. 49; section 18(4) was amended by S.I. 1994/249. Seesection 17 for the definition of “the Minister”. The functions of theSecretary of State were transferred to the Scottish Ministers by virtue ofsection 53 of the Scotland Act 1998 (c. 46). The requirement to obtainTreasury consent was removed by section 55 of that

(2)

S.I. 1993/3150; amended by S.I. 1994/3067, 1996/1965 and

(3)

Article 8 was amended by S.I. 1996/1965, artic

(4)

Article 9 was amended by S.I. 1996/1965, article 6