2.—(1) A claimant must complete, update and keep for at least two years a soil protection review for the holding on the form provided by the Secretary of State in accordance with the directions on that form for the year to which the claim relates (a different format may be used if all the information is entered at the times specified in the form).
(2) A soil protection review is not necessary if the holding is less than one hectare, excluding common land.
(3) A claimant who acquires land so that the holding (excluding common land) becomes greater than one hectare must complete a soil protection review on or before 31st December of that year.
(4) A claimant must take all reasonable steps to implement the measures identified in the soil protection review.
(5) For the purposes of this paragraph “common land” means land—
(a)subject to rights of common that have been entered in the register of common land or of town or village greens under the Commons Registration Act 1965(1) or Part 1 of the Commons Act 2006(2), or
(b)within one of the areas referred to in section 5(2) or (3) of the Commons Act 2006,
where rights of common are exercised by someone other than the farmer who owns or occupies the land.
2006 c. 26; with effect from 1st October 2008, the Commons Act 2006 (Commencement No. 4 and Savings) (England) Order 2008 (S.I. 2008/1960 (c.94)) commenced the relevant provisions of the Commons Act 2006 (and repealed the corresponding provisions of the Commons Registration Act 1965) in relation to seven pilot areas (being the registration areas in England, as at 1st October 2008, of the commons registration authorities specified in the Schedule to that Order).