Statutory Instruments

1996 No. 923

AGRICULTURE

The Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1996

Made

25th March 1996

Laid before Parliament

27th March 1996

Coming into force

17th April 1996

Whereas, pursuant to section 18(1) of the Agriculture Act 1986(1), the Minister of Agriculture, Fisheries and Food has by order designated an area in the Pennine Dales as an environmentally sensitive area;

Now, therefore, the said Minister, in exercise of the powers conferred on him by section 18(1) and (4)(2) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury, hereby makes the following Order:

Title and commencement

1. This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1996 and shall come into force on 17th April 1996.

Amendment

2.-(1) The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992(3) shall be amended in accordance with the following paragraphs of this article.

(2) In paragraph (1) of article 2 (interpretation) the definition of "managed woodland" shall be revoked.

(3) In article 6 (rates of payment under agreement)-

(a)in paragraph (2)-

(i)for "£210" there shall be substituted "£240",

(ii)the words "or Schedule 3" shall be revoked, and

(iii)the phrase beginning after the second comma shall be revoked; and

(b)in paragraph (3), for "£15,000" there shall be substituted "£20,000".

(4) Schedule 3 is revoked.

Saving

3.-(1) Paragraphs (2), (3)(a)(ii) and (iii) and (4) of article 2 of this Order shall not apply in relation to any agreement made before the date of coming into force of this Order.

(2) Paragraph (3)(a)(i) and (b) of article 2 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 1996.

Tim Boswell

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

25th March 1996

We consent,

Simon Burns

Liam Fox

Two of the Lords Commissioners of Her Majesty's Treasury

21st March 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 (S.I. 1992/55, amended by S.I. 1992/301, S.I. 1993/460, S.I. 1994/253 and S.I. 1994/930) which designated an area in the Pennine Dales as an environmentally sensitive area, in compliance with Title VII of Council Regulation (EEC) No. 2328/91 (OJ No. L218, 6.8.91, p.1) on improving the efficiency of agricultural structures. This Order complies with Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) on agricultural production methods compatible with the requirements of protection of the environment and the maintenance of the countryside which superseded Council Regulation (EEC) No. 2328/91.

Subject to a saving provision, this Order discontinues the option of making payments of grant to farmers pursuant to a management agreement made under section 18(3) of the Agriculture Act 1986 for excluding livestock from woodland (articles 2(2), (3)(a)(ii) and (iii) and (4) and 3(1)). Subject to a saving provision, the Order also amends the rates of payments to be made by the Minister of Agriculture, Fisheries and Food pursuant to that kind of agreement (articles 2(3)(a)(i) and (b) and 3(2)).

No Compliance Cost Assessment in relation to this Order has been prepared.

(1)

1986 c. 49. The expression "the Minister" is defined in section 18(11).

(2)

Section 18(4) was amended by S.I. 1994/249.

(3)

S.I. 1992/55, amended by S.I. 1992/301, S.I. 1993/460, S.I. 1994/253 and S.I. 1994/930.