The Set-Aside (Amendment) Regulations 1990

Change of use of set-aside land

13.  In regulation 11 of the principal Regulations–

(a) in paragraph (1) for the words “to one or more of the other uses mentioned in regulation 3(1)(b)(ii)–(iv)” there shall be substituted the words “if he undertakes to put that land to one of the other uses specified in regulation 3(1)(b)(ii)–(vi) or a combination of the uses specified in (ii), (iv) and (v)”;

(b) in paragraph (2), before the word “Minister” where it appears the first time there shall be inserted the word “appropriate”;

(c) after paragraph (2) there shall be inserted the following paragraph:

“(2A) Subject to regulation 13(2)(b), (3)(b) and (4)(b) where, on or after 1st October 1990, a beneficiary changes the use of set-aside land in any year he shall receive payment at the rate payable in respect of the use made by him of that land in that year which attracts the lowest rate of payment as set out in the table in regulation 13.”;

(d) paragraph (3) shall be omitted;

(e) for paragraph (4) there shall be substituted the following paragraph:

“(4) Except where a beneficiary receives the rate for permanent fallow in accordance with the provisions of regulation 13(2), (3) or (4), where he changes the use of any set-aside land from use for permanent fallow to any other use, the appropriate Minister shall recover or withhold from that beneficiary the difference between any payments made or due to him under these Regulations on the basis of the use of that land for permanent fallow and payments made or due to him on the basis of the use of that land for rotational fallow.”; and

(f) in paragraph (5) for the words “or rotational fallow” there shall be substituted “fallow, rotational fallow or grazed fallow”.