The Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1997

Statutory Instruments

1997 No. 1447

AGRICULTURE

The Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1997

Made

5th June 1997

Laid before Parliament

10th June 1997

Coming into force

1st July 1997

Whereas, pursuant to section 18(1) of the Agriculture Act 1986(1), the Minister of Agriculture, Fisheries and Food has by order designated an area in the North Peak as an environmentally sensitive area;

Now, therefore, the said Minister, in exercise of the powers conferred on him by section 18(1) and (4)(2) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury, hereby makes the following Order:

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.

Interpretation

2.  In this Order “the principal Order” means the Environmentally Sensitive Areas (North Peak) Designation Order 1993(3).

Amendment of the principal Order

3.  The principal Order shall be amended in accordance with the following provisions of this Order.

Rates of payment under agreement

4.  In article 6 of the principal Order—

(a) in paragraph (1)—

(i) in sub-paragraph (b), for the amount “£40” there shall be substituted the amount “£45”;

(ii) for the amount “£7” there shall be substituted the amount “£8”;

(b) in paragraph (2), in the table, in the right hand column—

(i) for the figure “85” there shall be substituted the figure “90”;

(ii) for the figure “43” there shall be substituted the figure “45”.

Amendment to Schedule

5.  Schedule 4 (conservation plan operations) to the principal Order, for paragraph 2, there shall be substituted the following two paragraphs:

“2.   The creation or restoration of ponds.

2A.   The restoration of wet areas.”.

Saving

6.  The amendments made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1997.

Elliot Morley

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food.

4th June 1997

We consent,

Bob Ainsworth

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

5th June 1997

Explanatory Note

(This note is not part of the Order)

This Order further amends, with effect from 1st July 1997, the Environmentaly Sensitive Areas (North Peak) Designation Order 1993 (S.I. 1993/457, amended by S.I. 1994/922, 1995/189, 1996/3104), which designated an area in the North Peak as an environmentally sensitive area.

Subject to a saving provision, the Order amends the rates of payment to be made by the Minister of Agriculture, Fisheries and Food pursuant to a management agreement made under section 18(3) of the Agriculture Act 1986 (article 4).

An amendment is also made to add an option to the operations that may be included in a conservation plan (article 5).

(1)

1986 c. 49. The expression “the Minister” is defined in section 18(11).

(2)

Section 18(4) was amended by S.I. 1994/249.

(3)

S.I. 1993/457, amended by S.I. 1994/922, 1995/189, 1996/3104.