The Countryside Stewardship (Amendment)Regulations 1997

• Citation: S.I. 1997/1827
• Sections: 24

Section 1 Title and commencement

These Regulations may be cited as the Countryside Stewardship (Amendment) Regulations 1997 and shall come into force on 1st October 1997.

Section 2 Amendment to the Countryside Stewardship Regulations 1996

(1) The Countryside Stewardship Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (1) of regulation 2 (interpretation) for the definition of “the Commission Regulation” there shall be substituted the following definition–

“the Commission Regulation” means Commission Regulation ( EC ) No. 746/96 laying down detailed rules for the application of the Council Regulation, as amended by Commission Regulation (EC) No. 435/97 ;

(3) In regulation 3 (power to enter into agreements)–

(a) at the end of paragraph (3)(b) there shall be added the words “as amended from time to time during the term of the agreement”; and

(b) for paragraph (5) there shall be substituted the following paragraph–

(5) Part IV of the Schedule shall have effect for the purpose of interpreting Parts I, II and III thereof.

(4) For the Schedule (activities and items in respect of which the Minister may make grants) there shall be substituted the Schedule set out in the Schedule to these Regulations.

Section 1

In relation to hay meadows–

Section 1

In relation to hedgerow restoration–

Section 1

In Parts I to III of the Schedule–

“carr” means an area of marshy ground on which the vegetation is predominantly willow or alder;

“fen” means an area of low lying marshy ground;

“grassland” means land on which the vegetation consists primarily of grass species;

“heath” means an area of grass, shrubs and trees on acidic sandy soils;

“improved land” means land which has been drained, fertilised, reseeded or otherwise managed to increase its productive capacity;

“management plan” means a plan for carrying out any activity (other than the making of a payment) provided for in a stewardship agreement;

“maiden fruit tree” means a fruit tree not more than 2 years old;

“meadowland” means land used for the production of hay or silage;

“reedbeds” means an area of marshy ground on which the vegetation consists primarily of reeds;

“rough pasture” means permanent grassland on which the vegetation is predominantly natural because agricultural improvement is difficult due to terrain or other physical constraints;

“scrape” means a shallow excavation which may hold water seasonally;

“standard fruit tree” means a fruit tree other than a maiden fruit tree with a stem of between 1.6 metres and 2 metres and no more than 5 years old;

“watermeadow” means a meadow which is periodically inundated with water through a system of sluices and carriers.

Section 2

In relation to grazed pasture–

Section 2

In relation to field boundaries–

Section 2

In Part I of the Schedule any reference to–

(a) land described as “lowland” land is a reference to land which is not “upland” land; and

(b) land described as “upland” land is a reference to land situated within the area in England included in the list of less-favoured farming areas established under Article 2(2) of Council Directive 75/268/ EEC on mountain and hill farming and farming in less-favoured areas (as last amended by Council Decision 95/1/EC , Euratom, ECSC adjusting the instruments concerning the accession of new member States to the European Union ), which list is contained in Council Directive 84/169/EEC as amended by Commission Decision 91/25/EEC .

Section 3

In relation to upland moorland–

Section 3

In relation to tree planting and management–

Section 3

In the Schedule–

(a) any reference to a given unit of measurement includes (where appropriate to the circumstances) a reference to a fraction of that unit; and

(b) where (in accordance with sub-paragraph (a) above) a reference to a given unit of measurement is a reference to a fraction thereof, any reference to a payment rate in relation to the given unit of measurement shall be adjusted in proportion to the fraction concerned.

Section 4

In relation to cultivated land–

Section 4

In relation to orchards–

Section 5

In relation to existing or proposed lowland heath–

Section 5

In relation to water levels and features–

Section 6

In relation to arable field margins–

Section 6

In relation to scrub–

Section 7

In relation to areas outside 1 to 6 above–

Section 7

In relation to bracken–

Section 8

In relation to public access–

Section 8

In relation to fencing–

Section 9

In relation to the supply of water–

Section 10

In relation to agreement land to which public access is available–

Section 11

Clearance of an eyesore.