The Farm Woodland Scheme 1988

Interpretation

2.—(1) In this Scheme unless the context otherwise requires—

“agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of agriculture;

“agricultural unit” means land which is occupied as a unit for agricultural purposes;

“agriculture” and cognate expressions shall be construed, in relation to England and Wales, in accordance with section 109 of the Agriculture Act 1947(1) and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948(2) except that in either case such expressions shall not include the use of land for woodlands;

“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or Wales, the Secretary of State;

“converted woodlands” means eligible land converted from agricultural use to use for woodlands in accordance with a plan of operations;

“designated maps” means—

(a)

in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE;

(b)

in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;

(c)

in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Chesser House, Gorgie Road, Edinburgh EH11 3AW;

“disadvantaged land” means land—

(a)

which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and

(b)

whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate,

which land is within the area shaded blue on the designated maps;

“eligible land” means—

(a)

arable land except where such land has been converted to arable since 31st December 1987;

(b)

improved grassland except where such land has been cultivated and re-seeded for the first time since 31st December 1987; or

(c)

agricultural land other than arable land and improved grassland which is either severely disadvantaged land or disadvantaged land, except where such land has been converted to agricultural use for the first time since 31st December 1987,

but does not include woodlands used for grazing cattle or sheep or land used for grazing horses;

“improved grassland” means grassland which has been cultivated and re-seeded within ten years prior to the date of an application for grant under this scheme which relates to that land;

“initial entrant” means an entrant into this Scheme whose application for grant is accepted under paragraph 3(1);

“nature reserve” means—

(a)

land subject to an agreement under section 16 of the National Parks and Access to the Countryside Act 1949(3) that it shall be managed as a nature reserve;

(b)

land declared to be a national nature reserve by the Nature Conservancy Council pursuant to section 35 of the Wildlife and Countryside Act 1981(4);

“occupier” means a person who jointly or severally occupies land either as an owner or lessee and references to “occupies” and “occupation” shall be construed accordingly;

“plan of operations” means a plan of operations for the conversion of an area of eligible land to woodlands in pursuance of this Scheme which has been approved by the Forestry Commissioners under the Woodland Grant Scheme (being a scheme under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979(5) for and in connection with the use and management of land for forestry purposes);

“severely disadvantaged land” means land—

(a)

(i)

which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and

(ii)

whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate, or

(b)

situated in the Isles of Scilly

which land is within the area shaded pink on the designated maps;

“subsequent entrant” means an entrant into this Scheme whose application for grant is accepted under paragraph 3(2).

(2) Any reference in this Scheme to a numbered paragraph or Schedule shall be construed as a reference to the paragraph or Schedule bearing that number in this Scheme.

(1)

1947 c. 48.

(2)

1948 c. 45.

(3)

1949 c. 97.

(4)

1981 c. 69.

(5)

1979 c. 21.