Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations establish an action programme for the nitrate vulnerable zone which was designated in Scotland by the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 (S.I. 1996/1564). The Regulations implement, as regards Scotland, the requirement in Article 5 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ No. L375, 31.12.91, p.1) to establish such a programme.

2.  Regulation 3 requires the occupier of a farm or livestock unit all or part of which is in a nitrate vulnerable zone to ensure that the action programme set out in the Schedule to the Regulations is implemented in relation to the farm or livestock unit or to that part of it which is in the nitrate vulnerable zone.

3.  These Regulations provide for monitoring of the action programme (regulation 6), for notices to be served requiring remedial action where there is, or has been, a contravention of the requirement in regulation 3 to ensure the action programme is implemented (regulation 4), and for a procedure to appeal against notices requiring remedial action (regulation 5).

4.  Breaches of regulations 3, 4 and 6 are made criminal offences (regulation 7).

5.  A Regulatory Appraisal in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Environment Protection Unit, Scottish Office Agriculture, Environment and Fisheries Department, Victoria Quay, Leith EH6 6QQ.