The Set-Aside (Amendment) Regulations 1989

• Citation: S.I. 1989/1042
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Set-Aside (Amendment) Regulations 1989 and shall come into force on the day after the day on which these Regulations are made.

Section 2 Amendment of the Set-Aside Regulations 1988

The Set-Aside Regulations 1988 shall be amended in accordance with regulations 3 to 9 below.

Section 3 Amendment of the Set-Aside Regulations 1988

In regulation 2(1) thereof (interpretation)–

(a) in the definition of “arable land” there shall be inserted at the end the words “or for rotational fallow”;

(b) in the definition of “eligible person” the words “comprising arable land” shall be omitted;

(c) there shall be inserted after the definition of “eligible person” the following definition–

“grazing land” does not include land grazed by horses unless they are kept for food or use in the farming of land;

(d) in the definition of “the set-aside area” the word “arable” shall be omitted;

(e) in the definition of “the set-aside obligations” there shall be inserted in paragraph (a) after the words “regulation 3” the words “or 12”;

(f) there shall be substituted for the definition of “to set aside” the following definition–

“to set aside” means, in relation to land, to withdraw it from agricultural production;

Section 4 Amendment of the Set-Aside Regulations 1988

In regulation 3 thereof (aid for set-aside of arable land)–

(a) in paragraph (1) there shall be substituted for sub-paragraph (a) the following sub-paragraph–

(a) to set aside on his holding an area of land which–

(i) is arable land or temporary grassland at the time the undertaking is given;

(ii) was arable land in the reference period; and

(iii) is equal in size to at least 20 per cent of the relevant arable land on that holding in the reference period but does not exceed an area equal in size to such relevant arable land; and

(b) in paragraph (2)–

(i) in sub-paragraph (a) there shall be inserted after the words “arable land” (where they first occur) the words “or temporary grassland”;

(ii) in sub-paragraph (b) there shall be inserted after the words “paragraph (1)(b)” the words “(ii) to (iv)”;

(c) in paragraph (3)–

(i) there shall be inserted after the words “arable land” (where they first occur) the words “or temporary grassland”;

(ii) in sub-paragraph (a) the word “arable” shall be omitted;

(iii) in sub-paragraph (b) there shall be inserted after the words “paragraph (1)(b)” the words “(ii) to (iv)”;

(iv) in sub-paragraph (c) there shall be substituted for the words “the acquired arable land” the words “that acquired land”.

Section 5 Amendment of the Set-Aside Regulations 1988

In regulation 5(2) thereof (applications for aid) the word “arable” shall be omitted.

Section 6 Amendment of the Set-Aside Regulations 1988

In regulation 11(1) thereof (change of use of set-aside land) there shall be inserted after the words “regulation 3(1)(b)” the words “(ii) to (iv)”.

Section 7 Amendment of the Set-Aside Regulations 1988

In regulation 12(2)(a) thereof (change of occupation) there shall be inserted after the words “arable land” the words “or temporary grassland”.

Section 8 Amendment of the Set-Aside Regulations 1988

In Schedule 1 thereto (arable crops)–

(a) there shall be inserted in List A at the end the following crops–

Forage roots and tubers, except potatoes

Lucerne/alfalfa, except when grown as part of a grass mixture

Sainfoin, except when grown as part of a grass mixture

Clover, except when grown as part of a grass mixture

Lupins

Vetches, except when grown as part of a grass mixture

Fodder kale

Fodder rape

Fodder maize

Seed of a kind listed under the heading Gramineae (Grasses) in Schedule 1 to the Fodder Plant Seeds Regulations 1985 where the crop from which the seed is obtained has been the subject of an official examination within the meaning of those Regulations

(b) there shall be omitted from List B the words from “Forage roots and tubers” to the end.

Section 9 Amendment of the Set-Aside Regulations 1988

In Schedule 2 thereto (requirements relating to the management of set-aside land) there shall be inserted after paragraph 7 the following paragraph–

(7A) Notwithstanding the requirements in paragraphs 6 and 7 above, the appropriate Minister may authorise a beneficiary to apply an inorganic fertiliser to any land to which the requirements in this Schedule apply where he is satisfied that the land is located in an area normally used as a feeding-ground by over-wintering migratory geese. The beneficiary shall manage any land to which an inorganic fertiliser is applied pursuant to such authorisation in such a way as to provide a feeding-ground for such geese.