The Countryside Stewardship (Amendment) Regulations 2001

Statutory Instruments

2001 No. 3991

COUNTRYSIDE, ENGLAND

The Countryside Stewardship (Amendment) Regulations 2001

Made

12th December 2001

Laid before Parliament

14th december 2001

Coming into force

7th January 2002

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on her by section 98 of the Environment Act 1995(1) and all other powers enabling her in that behalf, with the consent of the Treasury and after consulting the Countryside Agency, English Nature and the Historic Buildings and Monuments Commission for England in accordance with section 99 of that Act, hereby makes the following Regulations:

Title and commencement E+W+S

1.  These Regulations may be cited as the Countryside Stewardship (Amendment) Regulations 2001 and shall come into force on 7th January 2002.

Commencement Information

I1 Reg. 1 in force at 7.1.2002, see reg. 1

Interpretation E+W+S

2.  In these Regulations, “the principal Regulations” means the Countryside Stewardship Regulations 2000(2).

Commencement Information

I2 Reg. 2 in force at 7.1.2002, see reg. 1

Amendment of the principal Regulations E+W+S

3.  The principal Regulations shall be amended as follows—

(a) in regulation 2(1), by the substitution for the definition of “agreement” of ““agreement” means an agreement, whether made before or after the coming into force of these Regulations, which remains in force for a specified term, provides for the activity in question to be carried out in relation to land which is the subject of the agreement and requires the Minister to make payments to the beneficiary in respect of the carrying out of that activity thereon;”;

(b) in regulation 2(1), by the insertion, at the end of the definition of “agreement year”, of “and “relevant agreement year”, in relation to an activity, means an agreement year indicated in the agreement in question as being a year in relation to which that activity is relevant”;

(c) in regulation 3—

(i) by the deletion of paragraph (2); and

(ii) in paragraph (3), by the substitution for sub-paragraph (b) of—

“(b) does not require the Minister to make payments in excess of the maximum payment rate specified in column 2 in respect of—

(i) any activity specified in column 1 of Part I or II of the Schedule;

or

(ii) any matter specified in column 1 of Part III of the Schedule;”

(d) in regulation 5(b), by the substitution for “7” of the figure “8”;

(e) In Part I of the Schedule—

(i) by the substitution in column 2—

(aa) in item 1(f), for “£250 per hectare per agreement year”, of “£250 per hectare in respect of each relevant agreement year”;

(bb) in item 2(h), for “£250 per hectare per agreement year”, of “£250 per hectare in respect of each relevant agreement year”;

(cc) in item 4(e), for “£250 per hectare per agreement year”, of “£250 per hectare in respect of each relevant agreement year”;

(dd) in item 6(f), for “£250 per hectare per agreement year”, of “£250 per hectare in respect of each relevant agreement year”;

(ii) by the insertion, after item 10, of the entries in respect of item 11 set out in columns 1 and 2 of the Schedule to these Regulations; and

(f) in paragraph 1 of Part IV of the Schedule, by the insertion, in its appropriate alphabetical place, of “low input” means restricted seed rate, limited fertilizer and specific herbicides only;.

Commencement Information

I3 Reg. 3 in force at 7.1.2002, see reg. 1

Elliot Morley

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

10th December 2001

We consent,

Tony McNulty

Anne McGuire

Two of the Lords Commissioners of Her Majesty’s Treasury

12th December 2001

regulation 3(e)(ii)

SCHEDULE E+W+S NEW ITEM TO BE INSERTED IN PART I OF THE SCHEDULE

Commencement Information

I4 Sch. in force at 7.1.2002, see reg. 1

“Column 1	Column 2
11.   In relation to arable land other than land in a pilot area—
(a) retention of overwintered stubbles followed by the cultivation of a spring crop	£40 per hectare in respect of each relevant agreement year
(b) retention of overwintered stubbles followed by the cultivation of a low input spring cereal crop	£125 per hectare in respect of each relevant agreement year
(c) retention of overwintered stubbles followed by a spring and summer fallow	£520 per hectare in respect of each relevant agreement year
(d) creation and management of a conservation headland	£90 per hectare in respect of each relevant agreement year
(e) creation and management of a conservation headland without any fertiliser application	£270 per hectare in respect of each relevant agreement year
(f) establishment and maintenance of wildlife seed mixtures providing a food source and cover for a range of wild birds, mammals and invertebrates	£510 per hectare in respect of each relevant agreement year
(g) establishment and maintenance of nectar and pollen-rich plant mixture for the benefit of foraging insects, wild birds and mammals	£510 per hectare in respect of each relevant agreement year”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Countryside Stewardship Regulations 2000 (S.I. 2000/3048) (“the principal Regulations”).

These Regulations amend the principal Regulations with effect from 7th January 2002, by inserting a new set of arable options and correcting some errors (regulation 3).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

(1)

1995 c. 25, amended by the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416) and the Countryside and Rights of Way Act 2000 (c. 37); section 98(5) contains a definition of “the appropriate Minister”; for the application of section 98 to the Isles of Scilly, see section 117 of the Environment Act 1995 (c. 25) and the Environment Act 1995 (Isles of Scilly) Order 1996 (S.I. 1996/1030).

(2)

S.I. 2000/3048.