The Nitrate Sensitive Areas (Amendment) (No. 2) Regulations 1998

• Citation: S.I. 1998/2138
• Sections: 14

Section 1 Title, commencement and interpretation

(1) These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) (No. 2) Regulations1998 and shall come into force on 30th September 1998.

(2) In these Regulations–

(a) “the principal Regulations ” means the Nitrate Sensitive Areas Regulations 1994 ;

(b) “current scheme”, with respect to an applicant, means the scheme in which a person referred to in regulation 2(1)(b) below participates at the date of the new application made by him.

Section 2 Closure of schemes with respect to future applications

(1) The principal Regulations shall have effect only in so far as they apply in relation to any application made under them, and any participation in and entitlement under a scheme pursuant to such an application, being an application which–

(a) has been accepted by the Minister; or

(b) is an application (a “new application”) of a kind specified in regulation 3 below made before 30th September 1998 by a person–

(i) who, at the date of his new application, participates in a scheme as a consequence of a previous application for aid made by him which was accepted by the Minister; and

(ii) who has given undertakings under regulation 7 of the principal Regulations with respect to his current scheme, and in respect of a period of five years which at the date of his new application has not expired.

(2) In so far as, by virtue of paragraph (1) above, the principal Regulations continue to have effect, they shall apply with the modification specified in regulation 4 below and subject to the amendments made in regulations 5 to 14 below.

Section 3 Closure of schemes with respect to future applications

An application of the kind mentioned in regulation 2(1)(b) above is an application to participate in a new scheme, and for entitlement to aid thereunder, in substitution to the applicant’s participation in, and entitlement to aid under, his current scheme.

Section 4 Modification of the principal Regulations

(1) The Minister shall not accept an application of a kind specified in regulation 3 above unless he is satisfied that the conditions set out in Article 13 of Commission Regulation ( EC ) (No. 746/96 will be fulfilled as a result of such acceptance.

(2) Where the Minister has accepted an application of a kind specified in regulation 3 above made by a person specified in regulation 2(1)(b) above, the applicant’s participation in his current scheme, and his obligations and entitlement to aid thereunder, shall end.

Section 5 Amendment of the principal Regulations

The principal Regulations shall be amended in accordance with the following provisions of these Regulations.

Section 6 Amendment of the principal Regulations

In regulation 5 (land which is eligible for aid), in paragraph (1), for the words “regulation 3(1)(b)” there shall be substituted the words “regulation 3(b)”.

Section 7 Amendment of the principal Regulations

In regulation 7 (undertakings by farmer), in paragraph (1), for the words “regulation 3(1)(d)” there shall be substituted the words “regulation 3(d)”.

Section 8 Amendment of the principal Regulations

In regulation 8 (restrictions on acceptance of applications for aid), in paragraph (4)(a), for the words “regulation 3(1)(d)” there shall be substituted the words “regulation 3(d)”.

Section 9 Amendment of the principal Regulations

In regulation 11 (payments of aid), for the words “sub-paragraph (b) of regulation 7” there shall be substituted the words “regulation 7(1)(b)”.

Section 10 Amendment of the principal Regulations

In Schedule 2 (requirements under all schemes), for the words “regulation 7(a)” there shall be substituted the words “regulation 7(1)(a)”.

Section 11 Amendment of the principal Regulations

In Schedule 3 (requirements under the basic scheme), for the words “regulation 7(b)(i)” there shall be substituted the words “regulation 7(1)(b)(i)”.

Section 12 Amendment of the principal Regulations

In Schedule 4 (requirements under the premium arable scheme)–

(a) for the words “regulation 7(b)(ii)” there shall be substituted the words “regulation 7(1)(b)(ii)”;

(b) for paragraph (2) there shall be substituted the following two paragraphs–

(2) the farmer shall maintain as grassland for as long as any undertaking of his remains extant–

(a) all permanent grassland on his land within the nitrate sensitive area; and

(b) any arable land converted to grassland, excluding grass leys, after 31st December 1991;

(2A) the farmer shall also maintain as grassland, for the duration of any undertaking relating to it, the land converted in accordance with paragraph (1);

Section 13 Amendment of the principal Regulations

In Schedule 5 (requirements under the premium grass scheme), for the words “regulation 7(b)(iii)” there shall be substituted the words “regulation 7(1)(b)(iii)”.

Section 14 Amendment of the principal Regulations

In Schedule 6 (rates of payment), in paragraph 6B (set-aside option), for the amount “£376” there shall be substituted the amount “£356”.