The Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1995

• Citation: S.I. 1995/192
• Sections: 7

Section 1 Title and commencement

This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.

Section 2 Interpretation

In this Order “the principal Order ” means the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 .

Section 3 Amendment of the principal Order

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

Section 4 Amendment of the principal Order

In article 2, paragraph 1 of the principal Order, the definition of “managed woodland” shall be deleted.

Section 5 Rates of payment under agreement

In article 6 of the principal Order—

(1) in paragraph (1)—

(a) in sub-paragraph (a), for the amount “£10”, there shall be substituted the amount “£15”;

(b) in sub-paragraph (b), for the amount “£28”, there shall be substituted the amount “£40”;

(c) in sub-paragraph (d), for the amount “£25”, there shall be substituted the amount “£40”;

(2) in paragraph (2)—

(a) the words “or in Schedule 3” shall be deleted;

(b) in the table, in the right hand column, for the figure “210”, there shall be substituted the figure “200”;

(c) in the table—

(i) in the left hand column, the words “Schedule 3” shall be deleted;

(ii) in the right hand column, on the corresponding line, the figure “25” shall be deleted;

(3) in paragraph (3), for the amount “£3”, there shall be substituted the amount “£3.50”;

(4) after paragraph (3), there shall be inserted the following paragraph:

(3A) Where an agreement includes a requirement to add top-wiring to specified walls, the Minister shall also make payments at a rate of £1 per metre of wall to which top-wire has been added.

(5) for paragraph (4), there shall be substituted the following paragraph:

(4) Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £20,000 for each agreement.

Section 6 Amendment to Schedules

(1) Schedule 3 to the principal Order shall be deleted.

(2) In Schedule 5 to the principal Order, in paragraph 2, the word “traditional”, where it first appears, shall be deleted.

Section 7 Saving

(1) Article 5(1), (2)(b) and (3) 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 1995.

(2) Articles 4, 5(2)(a), 5(2)(c) and 6(1) of this Order shall not apply in relation to any agreement made on or before the coming into force of this Order.