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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Countryside Stewardship (England) Regulations 2020 URL: http://www.bailii.org/uk/legis/num_reg/2020/uksi_202041_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Agriculture, England
Countryside, England
Made
20th January 2020
Laid before Parliament
21st January 2020
Coming into force
11th February 2020
The Secretary of State, in exercise of the powers conferred by section 98 of the Environment Act 1995(1), with the consent of the Treasury, makes the following Regulations:
1.-(1) These Regulations may be cited as the Countryside Stewardship (England) Regulations 2020 and come into force on 11th February 2020.
(2) These Regulations extend to England and Wales but apply to England only.
2.-(1) In these Regulations-
"agreement holder" means a CS agreement holder or a facilitation agreement holder;
"agreement year" means a period of 12 months commencing with the date of, or any anniversary of the date of, the coming into effect of a countryside stewardship agreement or a facilitation agreement;
"carry out", in relation to an obligation under a countryside stewardship agreement or a facilitation agreement, includes ensuring that the obligation is carried out;
"countryside stewardship agreement" means an agreement under regulation 3;
"CS agreement holder" means a person who enters into a countryside stewardship agreement with the Secretary of State;
"eligible person" means-
any person who has management control of the eligible land and sufficient control of the activities on that land to be able to meet the conditions of the countryside stewardship agreement for either-
the duration of the agreement and any ongoing maintenance requirements set out in the agreement, or
part of the duration of the agreement and any ongoing maintenance requirements set out in the agreement, if the person to whom the management control will revert for the remaining part has co-signed the application for a grant under regulation 3, and
whose business is, in the opinion of the Secretary of State, viable;
"facilitation agreement" means an agreement under regulation 6;
"facilitation agreement holder" means a person who enters into a facilitation agreement with the Secretary of State;
"facilitation services" means professional services to promote cooperation between members of a group;
"officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity;
"officer" or "member", in relation to an unincorporated association, includes any person purporting to act in such capacity;
"partner" includes any person purporting to act in such capacity;
"partnership" does not include a limited liability partnership;
"permanent crops" means non-rotational crops other than permanent grassland that occupy the land for five years or more and yield repeated harvests;
"permanent grassland" means land used to grow grasses or other herbaceous forage naturally or through cultivation and that has not been included in the crop rotation for five years or more;
"Priority Habitat" means a type of habitat identified as being of principle importance in England in accordance with section 41 of the Natural Environment and Rural Communities Act 2006(2);
"Priority Species" means those living organisms identified as being of principle importance in England in accordance with section 41 of the Natural Environment and Rural Communities Act 2006;
"qualified person" means either-
a person from the farming, forestry or other land management sector, or
a person with environmental land management experience and skills in providing facilitation services;
"unincorporated association" does not include a partnership.
(2) In these Regulations "eligible land" means any land that is registered on the Rural Payments Service held by the Secretary of State, and which is-
(a)an area of agricultural land, including associated farm buildings, that is taken up by arable land, permanent grassland or permanent crops;
(b)a protected site, including-
(i)Sites of Special Scientific Interest, as defined in section 52(1) of the Wildlife and Countryside Act 1981(3);
(ii)Special Area of Conservation ("SAC"), as designated in regulation 13 of the Conservation of Habitats and Species Regulations 2017(4), and proposed SACs;
(iii)Special Protection Areas ("SPA"), as classified in regulation 15 of the Conservation of Habitats and Species Regulations 2017(5), and proposed SPAs;
(iv)Ramsar Sites, which means wetlands designated under the Ramsar Convention as being of international importance, as described in section 37A of the Wildlife and Countryside Act 1981(6);
(c)a terrestrial Priority Habitat;
(d)land that supports a Priority Species;
(e)an area of woodland that-
(i)is at least 0.5 hectares,
(ii)has an average width of at least 20 metres, and
(iii)contains groups or lines of trees that are, or will reach, at least 5 metres in height and with a crown cover of more than 20% of the ground area;
(3) But "eligible land" does not include land-
(a)in relation to which any of the activities for which grant is sought-
(i)is funded by-
(aa)the European Union,
(bb)Parliament, or
(cc)a body exercising public functions within the United Kingdom; or
(ii)is required under any other form of legally binding obligation;
(b)on which solar panels generate electricity other than for a use connected to those activities.
3.-(1) The Secretary of State may make a grant to any eligible person who undertakes to carry out, in relation to eligible land, at least one of the activities listed in column 1 of Part 2 or 3 of the Schedule, those activities being, in the opinion of the Secretary of State, conducive to one of the purposes set out in section 98(1) of the Environment Act 1995.
(2) The eligible person must make an application for a grant in accordance with such requirements as the Secretary of State may specify (see regulation 8).
(3) A grant under paragraph (1) is subject to the following conditions-
(a)that the eligible person enters into a countryside stewardship agreement with the Secretary of State; and
(b)that the CS agreement holder complies with-
(i)the requirements set out in regulation 9, and
(ii)the terms and conditions set out in their countryside stewardship agreement.
(4) The countryside stewardship agreement must specify-
(a)the duration of the agreement,
(b)the activity or activities that the CS agreement holder must carry out,
(c)the terms and conditions which the CS agreement holder must comply with, and
(d)the payments to be made to the CS agreement holder by the Secretary of State.
(5) If, in the opinion of the Secretary of State, it is consistent with the purposes referred to in paragraph (1), the Secretary of State may modify the conditions of a countryside stewardship agreement by-
(a)agreement with the CS agreement holder, or
(b)serving notice on the CS agreement holder.
4. The rate of payment for each activity must not exceed that specified in column 3 of Parts 2 or 3 of the Schedule.
5.-(1) The CS agreement holder is released from the countryside stewardship agreement if-
(a)the CS agreement holder transfers management control of all or part of the land which is the subject of that agreement to another person ("the transferee"),
(b)the transferee is an eligible person,
(c)the transferee notifies the Secretary of State of the transfer within 90 days beginning with the day after the date of the transfer,
(d)the transferee gives an undertaking to the Secretary of State to assume the obligations under that agreement in place of the CS agreement holder, and
(e)the Secretary of State has accepted that undertaking.
(2) Paragraph (1) does not release the CS agreement holder in respect of any breach or other matter occurring before the acceptance by the Secretary of State of the transferee's undertaking.
(3) Paragraph (1) does not apply in relation to a countryside stewardship agreement to carry out any activity or matter specified in Part 3 of the Schedule.
6.-(1) The Secretary of State may make a grant to a qualified person who undertakes to provide facilitation services to help a group of land managers carry out, in relation to eligible land, any activity which, in the opinion of the Secretary of State, is conducive to one of the purposes set out in section 98(1) of the Environment Act 1995.
(2) A qualified person must make an application for a grant in accordance with such requirements as the Secretary of State may specify (see regulation 8).
(3) A grant under paragraph (1) is subject to the following conditions-
(a)that the qualified person enters into a facilitation agreement with the Secretary of State;
(b)that the facilitation agreement holder complies with-
(i)the requirements set out in regulation 9, and
(ii)the terms and conditions set out in their facilitation agreement.
(4) The facilitation agreement must specify-
(a)the duration of the agreement,
(b)the services that the facilitation agreement holder must provide,
(c)the terms and conditions which the facilitation agreement holder must comply with, and
(d)the payments to be made to the facilitation agreement holder by the Secretary of State.
(5) If, in the opinion of the Secretary of State, it is consistent with the purposes referred to in paragraph (1), the Secretary of State may modify the conditions of a facilitation agreement by-
(a)agreement with the facilitation agreement holder, or
(b)serving notice on the facilitation agreement holder.
7. The Secretary of State must determine the amount of grant payable under regulation 6 as follows-
(a)up to a maximum of £20,000 for the costs of delivering the facilitation services per agreement year,
(b)£500 in respect of each member of the group per agreement year,
and the total payment for each agreement must not exceed £60,000 per agreement year.
8. The Secretary of State may, in relation to any application under these Regulations, specify requirements concerning-
(a)the timing of the application,
(b)the form of the application, and
(c)information to accompany or be contained in the application.
9. A claim for a payment under these Regulations must be made at such time and in such form as the Secretary of State reasonably requires and must contain or be accompanied by such information as the Secretary of State reasonably requires.
10. A payment in accordance with these Regulations may be made at any time during or after the agreement year as the Secretary of State reasonably determines.
11. The Secretary of State may carry out, for the purposes of verifying that an agreement holder has complied with the terms and conditions of their agreement under these Regulations, such inspection as the Secretary of State may specify in that agreement.
12.-(1) The Secretary of State may determine, in relation to a grant made under these Regulations, that-
(a)the agreement holder has, at any time, given false or misleading information to the Secretary of State;
(b)the agreement holder is in breach of any of the terms or conditions of their agreement;
(c)the agreement holder is in breach of any requirement to which they are subject under these Regulations;
(d)the whole or any part of the sum paid or payable in relation to an agreement duplicates assistance provided or to be provided out of the monies made available by-
(i)the European Union,
(ii)Parliament, or
(iii)a body exercising public functions within the United Kingdom;
(e)the activity for which the sum was paid or is payable is required to be carried out under another legally binding obligation;
(f)there has been a material change in the nature, scale, costs or timing of any activity or facilitation services in relation to which an agreement has been made;
(g)any activity or facilitation services in relation to which an agreement has been made has been or is being delayed, or is unlikely to be completed.
(2) Before making a determination under paragraph (1), the Secretary of State must give the agreement holder-
(a)a written explanation of the reasons for proposing to make the determination, and
(b)the opportunity of making written representations within such period as the Secretary of State considers reasonable.
(3) The Secretary of State must consider any written representations received from the agreement holder before making a determination.
13.-(1) Where the Secretary of State makes a determination under regulation 12(1), the Secretary of State, may-
(a)withhold the whole or any part of any payment payable to the agreement holder, and
(b)recover on demand the whole or any part of any payment already paid to the agreement holder.
(2) Where the Secretary of State makes a determination under regulation 12(1), the Secretary of State may suspend or terminate the agreement or any part of the agreement, and any entitlement of the agreement holder to payment in respect of the unexpired period of the agreement or part of the agreement shall be suspended or terminated, as the case may be.
(3) Where the Secretary of State terminates an agreement or part of an agreement under paragraph (2), the Secretary of State may also refuse to enter into any new agreement with that agreement holder for such period (not exceeding two years) from the date of termination as the Secretary of State may specify.
(4) The powers conferred on the Secretary of State by paragraphs (2) and (3) shall be exercisable by serving notice on the agreement holder.
14.-(1) Where the Secretary of State exercises the power conferred by regulation 13(1)(b), interest may also be charged on the sum to be recovered in respect of each day of the period elapsing between the repayment deadline for the agreement holder indicated in the recovery demand and the date of the repayment.
(2) The repayment deadline must not be set at more than 60 days beginning with the date of the recovery demand.
(3) The rate of interest applicable on any day is one percentage point above the Bank of England base rate.
(4) In this regulation "the Bank of England base rate" means-
(a)except where sub-paragraph (b) applies, the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short-term liquidity in the money markets, or
(b)if an order under section 19 (reserve powers) of the Bank of England Act 1998(7) is in force, any equivalent rate determined by the Treasury under that section.
15. Where an agreement holder is liable to repay all or part of any payment in accordance with regulation 13(1)(b), the amount of the repayment, together with interest on that amount calculated in accordance with regulation 14, is recoverable as a debt.
16.-(1) An agreement holder may appeal in writing to the Secretary of State against a determination made under regulation 12(1), or against any other decision made by the Secretary of State under these Regulations, on any of the following grounds-
(a)the decision was based on an error of fact;
(b)the decision was wrong in law;
(c)there has been a material procedural error.
(2) An applicant for a grant may appeal in writing to the Secretary of State against a decision by the Secretary of State not to offer a countryside stewardship agreement or a facilitation agreement on any of the grounds set out in paragraph (1).
(3) An appeal under this regulation must be received by the Secretary of State within 60 days of notification of the determination or decision being appealed.
(4) The Secretary of State must appoint a person or persons, up to a maximum of three, ("the appointed person") to consider appeals under this regulation.
(5) The appointed person, upon considering an appeal under this regulation, must report in writing to the Secretary of State with conclusions on the appeal and a recommendation as to the manner in which the matter should be finally determined by the Secretary of State.
(6) The Secretary of State may-
(a)pay to the appointed person such reasonable remuneration in respect of that person's functions in this regard, and such travelling and other allowances, as the Secretary of State may determine, and
(b)provide that an appeal fee of £100 is payable when an appeal is lodged.
(7) Following receipt of a report pursuant to paragraph (5), the Secretary of State must make a final determination.
(8) If the Secretary of State revises the decision in favour of the appellant as a result of the appeal, the Secretary of State must refund any appeal fee charged.
17.-(1) For the purposes of regulations 3, 6 and 13, any notice required to be served on a person may be served by-
(a)delivering it to that person;
(b)leaving it at that person's proper address;
(c)sending it by post or fax to that person's proper address;
(d)sending it by email to that person's last known email address.
(2) For the purposes of paragraph (1)(a), a notice is delivered to-
(a)a body corporate where it is given to an officer of that body;
(b)a partnership where it is given to a partner or person having control or management of the partnership;
(c)an unincorporated association where it is given to an officer or member of the governing body of the association or other person having management responsibilities in respect of the association.
(3) For the purposes of paragraph (1)(d), a notice is sent by email to-
(a)a body corporate, where it is sent to an email address of-
(i)the body corporate, or
(ii)an officer of that body,
where that address is supplied by that body for the conduct of the affairs of that body;
(b)a partnership, where it is sent to an email address of-
(i)the partnership; or
(ii)a partner or person having control or management of the partnership,
where that address is supplied by that partnership for the conduct of the affairs of that partnership;
(c)an unincorporated association where it is sent to an email address of-
(i)an officer or member of the governing body of the association, or
(ii)any other person having management responsibilities in respect of the association,
where that address is supplied by that association for the conduct of the affairs of that association.
(4) In paragraph (1)(b) and (c), "proper address" means, in the case of-
(a)a body corporate, the registered office (if it is in the United Kingdom) or the principal office of the body in the United Kingdom;
(b)a partnership, the principal office of the partnership in the United Kingdom;
(c)an unincorporated association, the principal office of the association in the United Kingdom;
(d)any other person, that person's last known address.
George Eustice
Minister of State
Department for Environment, Food and Rural Affairs
20th January 2020
We approve
Rebecca Harris
David Rutley
Two of the Lords Commissioners of Her Majesty's Treasury
20th January 2020
Regulation 3(1)
In this Schedule-
"beetle bank" means a linear raised earth bank in an arable field, covered in grass vegetation;
"biobed" means an installation comprising a mix of soil, straw and peat-free compost contained in a lined pit which treats pesticide residue;
"biofilter" means an installation comprising a mix of soil, straw and peat-free compost contained in stacked, linked water-tight containers which treats pesticide residue;
"brassica fodder crop" means a brassica crop which is grown to be grazed by livestock or cut for forage;
"buffer strip" means a strip of land adjoining a field boundary or environmental feature which is not cultivated and where the use of inputs is restricted;
"casting up" means a linear raised earth bank in the arable field, covered in grass vegetation;
"cultivated land" means land which is regularly cultivated by ploughing or other means;
"England LFA Maps" means the four volumes of maps entitled "Less Favoured Area Map of England 2009" dated 29th January 2010, and their Annex dated 15th January 2020, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Rural Payments Agency, Northgate House, 21-23 Valpy Street, Reading, Berkshire, RG1 1AF;
"eyesore" means an unsightly item which, in the opinion of the Secretary of State, has a negative effect on the landscape;
"fen" means an area of low-lying marshy ground;
"grassland" means land on which the vegetation consists primarily of grass species;
"grip blocking" means an intervention that raises the water level in a drainage ditch or channel to, at or near the soil surface to cause re-wetting of the surrounding area;
"heathland" means an area on which the vegetation consists primarily of ericaceous dwarf shrubs, grasses and trees, usually on acidic sandy soils;
"improved grassland" means grassland which-
has been drained, fertilised, re-seeded or otherwise managed to increase its productive capacity, and
receives more than 50 but not more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;
"in-field tree" means a tree, the trunk of which is entirely within the field and does not touch the field boundary;
"in-field pond" means a pond which is entirely within the field and does not touch the field boundary;
"inputs" means fertiliser, manures, pesticides and seed;
"inspection pit" means chamber or pit that collects drainage for inspection, to check for blockages and sedimentation reducing the risk of runoff and water pollution;
"intensive grassland" means grassland which receives more than 100 kilograms per hectare of inorganic nitrogen fertiliser per year;
"leaky woody dam" means a woody barrier which slows the movement of water to increase flood storage capacity or the deposition of sediment;
"ley" means sown grass or herbage suitable for grazing or cutting;
"management plan" means a plan for carrying out any activity (other than the making of a payment) provided for in a countryside stewardship agreement;
"native breeds at risk" means breeds of livestock that appears on the United Kingdom Native Breeds At Risk list published on www.gov.uk;
"overwintered stubble" means the remains of a cereal, oilseed rape, field bean or linseed crop after harvesting, retained through the winter into the following year;
"pasture pump" means a low-lift, animal-operated water pump;
"ram pump" means a water-powered pump;
"reedbed" means an area of marshy ground on which the vegetation consists primarily of reeds;
"rhine" means a type of channel;
"rotational land" means land which will successively bear different crops as the rotation progresses including grass and clover in the fertility-building phase of the rotation;
"rough grazing" means grazing on permanent grassland on which the vegetation is predominantly natural owing to the difficult terrain or other physical constraint;
"scrape" means a shallow excavation which may hold water seasonally;
"sediment pond" and "sediment trap" means an area of still water that allows sediment to settle out from the water;
"seepage barrier" means a barrier that slows the movement of water;
"severely disadvantaged area" or "SDA" means any area of land shown coloured pink on the England LFA Maps;
"silt filtration dam" means a barrier that slows the movement of water in ditches;
"skylark plot" means an unsown, sparsely vegetated area of land in a field sown with cereals;
"successional" means containing a range of habitat structures appropriate to the specific target species;
"swale" means a grassed channel or waterway that collects and controls surface water or lightly contaminated water;
"sward" means an area of predominantly grass;
"traditional farm building" means a building or part of a building constructed for a use associated with agriculture-
that was constructed using traditional methods and materials, or
which is, in the opinion of the Secretary of State, of historic or landscape interest;
"tramlines" means machinery wheel tracks deliberately positioned in sown crops to help ensure field operations align to a common working width;
"veteran tree" means any tree that shows features of-
a low, fat and squat shape,
a wide trunk compared to others of the same species, and
hollowing of the trunk;
"water meadow" means a meadow which is periodically inundated with water through a system of sluices and carriers.
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Activity name | Description | Maximum payment rate per agreement year | |
| 1. Arable | |||
| (a) | Nectar flower mix | Establishing and maintaining a mixture of pollen and nectar rich plants on arable land | £511 per hectare ("ha") |
| (b) | Basic overwinter stubble | Retention of overwintered stubble until the following February | £84 per ha |
| (c) | Beetle banks | Creation (if appropriate) or maintenance of beetle banks | £573 per ha |
| (d) | Skylark plots | Creation of skylark plots to access growing cereal | £18 (£9 per plot minimum 2 plots per ha) |
| (e) | Nesting plots for lapwing and stone curlew | Establishing and maintaining plots for ground-nesting birds | £524 per ha |
| (f) | Enhanced overwinter stubble | Retention of overwintered stubble until the following July | £436 per ha |
| (g) | Whole crop cereals | Planting and harvesting whole crop cereals followed by overwintered stubble | £495 per ha |
| (h) | Flower-rich margins and plots | Establishing flower-rich grass margins or plots as habitat and foraging for invertebrates and birds | £539 per ha |
| (i) | Winter bird food | Establishing blocks or strips of cereals, brassicas and other plants providing food for farmland birds, especially for autumn and winter | £640 per ha |
| (j) | Unharvested cereal headland | Creation of an unharvested, open structured cereal crop for wildlife. | £640 per ha |
| (k) | Cultivated areas for arable plants | Creation of uncropped, cultivated areas for scarce and declining arable plants | £532 per ha |
| (l) | Supplementary winter feeding for farmland birds | Spreading winter feed mixture for birds in selected feeding areas | £632 per tonne for every 2 ha of winter bird food |
| (m) | Brassica fodder crop | Establishing and managing a brassica fodder crop as foraging sites for birds | £100 per ha |
| (n) | Harvested low input cereal | Establishing and managing an open-structure cereal crop as summer foraging for wildlife | £266 per ha |
| (o) | Two year sown legume fallow | Establishing and managing a legume fallow mix as food for farmland wildlife | £522 per ha |
| (p) | Autumn sown bumblebird mix | Establishing and managing a mix of flowering and seed bearing plants after harvest as food for farmland birds and insects | £550 per ha |
| 2. Boundaries, Trees and Orchards | |||
| (a) | Protection of in-field trees on arable land | Protection of in-field trees on arable land | £420 per ha |
| (b) | Protection of in-field trees on intensive grassland | Protection of in-field trees on intensive grassland | £190 per ha |
| (c) | Management of hedgerows | Management of hedgerow (one-side) | £8 per 100 metre ("m") for 1 side of a hedge |
| (d) | Management of traditional orchards | Management of traditional orchards | £212 per ha |
| (e) | Creation of traditional orchards | Creation of traditional orchards | £281 per ha |
| (f) | Veteran tree surgery | Carrying out specialist tree surgery to extend the lifespan of veteran trees. | £221 per tree |
| (g) | Supplement for restorative pruning of fruit trees | Restorative pruning of mature fruit trees | £62 per tree |
| 3. Coastal | |||
| (a) | Management of coastal sand dunes and vegetated shingle | Management of coastal sand dunes and vegetated shingle | £217 per ha |
| (b) | Creation of coastal sand dunes and vegetated shingle on arable land and improved grassland | Creation of coastal sand dunes and vegetated shingle on arable land and improved grassland | £314 per ha |
| (c) | Management of coastal saltmarsh | Management of coastal saltmarsh | £77 per ha |
| (d) | Creation of inter-tidal and saline habitat on arable land | Creation of inter-tidal and saline habitat on arable land | £442 per ha |
| (e) | Creation of inter-tidal and saline habitat by non-intervention | Creation of inter-tidal and saline habitat by non-intervention | £271 per ha |
| (f) | Coastal vegetation management supplement | Management of grazing on saltmarsh or saline habitat | £117 per ha |
| (g) | Creation of inter-tidal and saline habitat on intensive grassland | Creation of inter-tidal and saline habitat on intensive grassland | £276 per ha |
| 4. Grassland | |||
| (a) | Take small areas out of management | Taking small areas of permanent grassland out of management | £365 per ha |
| (b) | Permanent grassland with very low inputs (outside SDAs) | Management of permanent grassland with very low inputs outside of severely disadvantaged areas | £95 per ha |
| (c) | Ryegrass seed-set as winter food for birds | Establishing a ryegrass seed-set on grassland to provide food in the autumn and winter for birds | £331 per ha |
| (d) | Legume and herb-rich swards | Establishment and maintenance of legume and herb-rich swards | £309 per ha |
| (e) | Permanent grassland with very low inputs in SDAs | Management of permanent grassland with very low inputs in severely disadvantaged areas | £16 per ha |
| (f) | Management of species-rich grassland | Management of species-rich grassland | £182 per ha |
| (g) | Restoration towards species-rich grassland | Restoration towards species-rich grassland | £145 per ha |
| (h) | Creation of species-rich grassland | Creation of species-rich grassland | £267 per ha |
| (i) | Management of wet grassland for breeding waders | Management of wet grassland for breeding waders | £264 per ha |
| (j) | Management of wet grassland for wintering waders and wildfowl | Management of wet grassland for wintering waders and wildfowl | £157 per ha |
| (k) | Creation of wet grassland for breeding waders | Creation of wet grassland for breeding waders | £406 per ha |
| (l) | Creation of wet grassland for wintering waders and wildfowl | Creation of wet grassland for wintering waders and wildfowl | £310 per ha |
| (m) | Management of grassland for target features | Management of grassland for targeted habitats, species or features | £90 per ha |
| (n) | Creation of grassland for target features | Creation of grassland for targeted habitats, species or features | £253 per ha |
| (o) | Haymaking supplement | Continue or re-introduce haymaking on fields which are or were cut for hay once a year | £85 per ha |
| (p) | Rush infestation control supplement | Reduce rush cover in grassland with heavy infestations. | £73 per ha |
| (q) | Lenient grazing supplement | Management of grazing to provide spring and summer invertebrate food | £44 per ha |
| 5. Historic environment and landscape | |||
| (a) | Maintenance of weatherproof traditional farm buildings | Maintenance of weatherproof traditional farm buildings | £3.25 per square metre ("sq m") |
| (b) | Take historic and archaeological features out of cultivation | Taking land with archaeological or historic features out of cultivation | £425 per ha |
| (c) | Reduced-depth, non-inversion cultivation on historic and archaeological features | Reducing damage to historical and archaeological features under cultivation by using non-inversion machinery and shallower cultivation depths | £79 per ha |
| (d) | Scrub control on historic and archaeological features | Controlling scrub on historic and archaeological features | £137 per ha |
| (e) | Management of historic and archaeological features on grassland | Management of historic and archaeological features on grassland | £30 per ha |
| (f) | Maintenance of designed/ engineered water bodies | Maintenance of designed or engineered water bodies | £440 per ha |
| (g) | Management of historic water meadows through traditional irrigation | Management of historic water meadows through traditional irrigation | £440 per ha |
| (h) | Maintenance of weatherproof traditional farm buildings in remote areas | Maintenance of weatherproof traditional farm buildings in remote areas | £6.73 per sq m |
| (i) | Restricted depth crop establishment to protect archaeology under an arable rotation | Restricting the depth of crop establishment to protect archaeology under an arable rotation | £174 per ha |
| 6. Lowland heath | |||
| (a) | Management of lowland heathland | Management of lowland heathland | £274 per ha |
| (b) | Restoration of forestry and woodland to lowland heathland | Restoration of forestry and woodland to lowland heathland | £184 per ha |
| (c) | Creation of heathland from arable or improved grassland | Creation of lowland heathland from arable or improved grassland | £517 per ha |
| 7. Soil and water | |||
| (a) | 4-6m buffer strip on cultivated land | Creation (where appropriate) and maintenance of 4m or 6m buffer strips on cultivated land | £353 per ha |
| (b) | 4-6m buffer strip on intensive grassland | Creation (where appropriate) and maintenance of 4m or 6m buffer strips on intensive grassland | £170 per ha |
| (c) | In-field grass strips | Creation (where appropriate) and maintenance of dense grassy areas on cultivated land | £557 per ha |
| (d) | 12-24m watercourse buffer strip on cultivated land | Creation (where appropriate) and maintenance of 12-24m buffer strips on cultivated land | £512 per ha |
| (e) | Enhanced management of maize crops | Management of maize and a cover crop to reduce the risk of soil erosion and run off | £133 per ha |
| (f) | Winter cover crops | Provision of a cover crop to reduce nitrate leaching | £114 per ha |
| (g) | Arable reversion to grassland with low fertiliser input | Reversion of arable land to grassland with low fertiliser input | £311 per ha |
| (h) | Management of intensive grassland adjacent to a watercourse | Management of intensive grassland adjacent to a watercourse | £202 per ha |
| (i) | Seasonal livestock removal on intensive grassland | Seasonal removal of livestock from intensive grassland adjacent to a watercourse | £88 per ha |
| (j) | Seasonal livestock removal on grassland in SDAs next to streams, rivers and lakes. | Seasonal removal of livestock from grassland adjacent to a watercourse in severely disadvantaged areas | £36 per ha |
| (k) | Riparian management strip | Prevention of livestock access to a watercourse and provision of a buffer strip | £440 per ha |
| (l) | Making space for water | Helping water flow in a winding course across flood plains, flooding temporarily to restore river and wetland habitats | £640 per ha |
| (m) | Very low nitrogen inputs to groundwaters | Reduction of nutrient input to grassland | £251 per ha |
| (n) | Nil fertiliser supplement | Reduction of nutrient inputs to zero | £131 per ha |
| (o) | Flood mitigation on arable reversion to grassland | Creation of temporary water storage to mitigate flood risk on arable reversion to grassland | £488 per ha |
| (p) | Flood mitigation on permanent grassland | Creation of temporary water storage to mitigate flood risk on permanent grassland | £256 per ha |
| 8. Uplands | |||
| (a) | Enclosed rough grazing | Maintain and enhance areas of enclosed rough grazing land within an upland farming system | £39 per ha |
| (b) | Management of rough grazing for birds | Management of rough grazing habitat for birds | £88 per ha |
| (c) | Management of moorland | Management of moorland | £43 per ha |
| (d) | Management of moorland vegetation supplement | Management of vegetation to restore and improve Priority Habitats | £10 per ha |
| (e) | Moorland re-wetting supplement | Maintenance and restoration of vegetation mosaics and wetland habitats | £18 per ha |
| (f) | Upland livestock exclusion supplement | Management of upland through livestock exclusion | £16 per ha |
| 9. Woodland and scrub | |||
| (a) | Woodland creation – Maintenance Payments | Maintenance of newly created woodland | £200 per ha |
| (b) | Woodland Improvement | Improvement of existing woodland | £100 per ha |
| (c) | Woodland edges on arable land | Creation of new woodland edge habitat | £323 per ha |
| (d) | Management of wood pasture and parkland | Management of existing lowland wood pasture and parkland | £46 per ha |
| (e) | Restoration of wood pasture and parkland | Restoration of lowland wood pasture and parkland | £244 per ha |
| (f) | Creation of wood pasture | Creation of new wood pasture | £409 per ha |
| (g) | Management of successional areas and scrub | Management of successional areas and scrub | £74 per ha |
| (h) | Creation of successional areas and scrub | Creation of successional areas and scrub | £87 per ha |
| (i) | Livestock exclusion supplement – scrub and successional areas. | Exclusion of livestock from scrub and successional areas | £121 per ha |
| 10. Wetlands | |||
| (a) | Buffering in-field ponds and ditches in improved grassland | Creation and maintenance of buffer strips for in-field ponds and ditches in improved grassland | £201 per ha |
| (b) | Buffering in-field ponds and ditches on arable land | Creation and maintenance of buffer strips for in-field ponds and ditches on arable land | £501 per ha |
| (c) | Management of ditches of high environmental value | Management of ditches of high environmental value (both sides) | £37 per 100 m for the management of both sides of the ditch |
| (d) | Pond management - first 100 sq m | Management of small ponds of high wildlife value | £103 per pond |
| (e) | Pond management (areas more than 100 sq m) | Management of larger ponds of high wildlife value | £183 per pond |
| (f) | Management of reedbed | Management, maintenance and restoration of reedbed | £78 per ha |
| (g) | Creation of reedbed | Creation of new areas of reedbed | £323 per ha |
| (h) | Management of fen | Management of fen and small areas of reedbed | £39 per ha |
| (i) | Creation of fen | Creation of new areas of fen | £446 per ha |
| (j) | Management of lowland raised bog | Management of lowland raised bog | £164 per ha |
| (k) | Wetland cutting supplement | Cutting management of wetland habitats | £440 per ha |
| (l) | Wetland grazing supplement | Grazing management of wetland habitats | £304 per ha |
| 11. Organic | |||
| (a) | Overwintered stubble | Retaining overwinter stubble on organic land | £116 per ha |
| (b) | Wild bird seed mixture | Establishing a mix of seed-bearing plants on organic land | £640 per ha |
| (c) | Supplementary feeding for farmland birds | Spreading winter feed mixture for birds in selected feeding areas on organic land | £494 per tonne for every 2 ha of wild bird seed mixture |
| (d) | Multi-species ley | Establishing and managing a multi-species ley on organic land | £115 per ha |
| (e) | Undersown cereal | Establishing an autumn or spring sown cereal crop undersown with a grass/flower-rich legume ley | £86 per ha |
| 12. Organic conversion | |||
| (a) | Organic conversion – improved permanent grassland | Conversion of improved permanent grassland to organic management | £75 per ha per year for up to 2 years |
| (b) | Organic conversion – unimproved permanent grassland | Conversion of unimproved permanent grassland to organic management | £50 per ha per year for up to 2 years |
| (c) | Organic conversion – rotational land | Conversion of rotational land to organic management | £175 per ha per year, for up to 2 years |
| (d) | Organic conversion – horticulture | Conversion of rotational land used to produce vegetables or salads into organic | £400 per ha per year, for up to 2 years |
| (e) | Organic conversion – top fruit | Conversion of top fruit orchards or berry bushes to organic management | £450 per ha per year, for up to 3 years |
| 13. Organic maintenance | |||
| (a) | Organic land management - improved permanent grassland | Maintaining improved permanent grassland under organic management | £40 per ha |
| (b) | Organic land management - unimproved permanent grassland | Maintaining unimproved permanent grassland under organic management | £20 per ha |
| (c) | Organic land management - rotational land | Maintaining rotational land under organic management | £65 per ha |
| (d) | Organic land management – horticulture | Maintaining horticultural land under organic management | £200 per ha |
| (e) | Organic land management - top fruit | Maintaining top fruit orchards or berry bushes under organic management | £300 per ha |
| (f) | Organic land management -enclosed rough grazing | Maintaining enclosed rough grazing land under organic management | £8 per ha |
| 14. Additional supplements | |||
| (a) | Difficult sites supplement | Management of particularly difficult sites | £62 per ha |
| (b) | Raised water level supplement | Raising water levels in ditches and adjacent land | £127 per ha |
| (c) | Bracken control supplement | Controlling dense bracken | £153 per ha |
| (d) | Control of invasive plant species supplement | Controlling invasive plant species | £324 per ha |
| (e) | Shepherding supplement | Introducing, re-introducing or making significant changes to shepherding | £7 per ha |
| (f) | Cattle grazing supplement | Cattle grazing for conservation purposes | £45 per ha |
| (g) | Introduction of cattle grazing on the Isles of Scilly | Introduction of conservation grazing on the Isles of Scilly on land that is not currently grazed by cattle | £279 per ha |
| (h) | Native breeds at risk supplement | Grazing native breeds at risk | £94 per ha |
| (i) | Threatened species supplement | Additional habitat management for named Priority Species | £120 per ha |
| (j) | Administration of group managed agreements supplement | Administering agreements with shared tenure | £6 per ha |
| 15. Educational access | |||
| (a) | Education access | Permitting and making provision for access to farm land for educational visits | £290 per visit |
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| Activity name | Description | Maximum payment rate | ||
| 1. Access and engagement | ||||
| (a) | Access capital items | Construction of capital items (e.g. gates) to facilitate public access | Up to 100% of actual cost | |
| (b) | Countryside Educational Access Visits Accreditation | Accredited training to carry out educational access visits | £175 once per agreement | |
| 2. Boundaries | ||||
| (a) | Stone-faced bank repair | Repair of stone-faced banks | £31 per m | |
| (b) | Stone-faced bank restoration | Restoration of stone-faced banks | £86 per m | |
| (c) | Earth bank creation | Creation of earth banks | £13.50 per m | |
| (d) | Earth bank restoration | Restoration of earth banks | £7 per m | |
| (e) | Hedgerow laying | Laying of hedgerows | £9.40 per m | |
| (f) | Hedgerow coppicing | Coppicing of hedgerows | £4 per m | |
| (g) | Hedgerow gapping-up | Planting up gaps to create a continuous hedgerow | £9.50 per m | |
| (h) | Hedgerow supplement - casting up | Restoration of hedgerow earth banks | £3 per m | |
| (i) | Hedgerow supplement – substantial pre-work | Restoration of hedgerow where substantial extra work is required | £4.10 per m | |
| (j) | Hedgerow supplement – top binding and staking | Strengthening laid hedges by top binding and staking | £3.40 per m | |
| (k) | Planting new hedges | Planting new hedges | £11.60 per m | |
| (l) | Stone wall restoration | Restoration of stone walls | £25 per m | |
| (m) | Top wiring - stone wall | Restoration of stone walls with top wiring | £3.60 per m | |
| (n) | Stone wall supplement – stone from quarry | Restoration of stone walls where there is insufficient re-usable stone on farm | £44 per m | |
| (o) | Stone wall supplement – difficult sites/m | Restoration of stone walls on particularly difficult sites | £7.90 per m | |
| 3. Feature management | ||||
| (a) | Management of geodiversity features | Management of sensitive geological features | Up to 100% of actual costs | |
| (b) | Major preparatory works for Priority Habitat (creation and restoration) and for Priority Species | Major preparatory works for Priority Habitat (creation and restoration) and for Priority Species | Up to 100% of actual costs | |
| 4. Fencing and gates | ||||
| (a) | Fencing | Installation of fencing | £4.00 per m | |
| (b) | Sheep netting | Installation of sheep netting | £4.90 per m | |
| (c) | Permanent electric fencing | Installation of permanent electric fencing | £4.90 per m | |
| (d) | Rabbit fencing supplement | Installation of rabbit fencing | £2.50 per m | |
| (e) | Fencing supplement - difficult sites | Installation of fencing in difficult sites | £1.24 per m | |
| (f) | Anti-predator combination fencing | Installation of permanent anti-predator combination fencing | £11.10 per m | |
| (g) | Anti-predator temporary electric fencing | Installation of temporary electric anti-predator fencing | £2.85 per m | |
| (h) | Deer fencing | Installation of permanent deer fencing in woodland | £7.20 per m | |
| (i) | Temporary deer fencing | Installation of temporary deer fencing in woodland | £5.20 per m | |
| (j) | Deer exclosure plot | Erection of a deer exclosure plot to protect areas of woodland | £136 per unit | |
| (k) | Wooden field gate | Installation of wooden field gates | £390 per gate | |
| (l) | Stone gate post | Installation of stone gate posts | £280 per post | |
| (m) | Badger gate | Installation of badger gates | £135 per gate | |
| (n) | Water gates | Installation of gates across rivers or streams to prevent livestock access | £240 per gate | |
| 4. Forestry | ||||
| (a) | Deer high seat | Installation of a temporary vantage point to cull deer | £300 per unit | |
| (b) | Woodland infrastructure | Construction of infrastructure to improve vehicle access to woodland | 40% of actual costs | |
| 5. Historic environment and landscape | ||||
| (a) | Historic and archaeological feature protection | Protection of historic and archaeological features | Up to 100% of actual costs | |
| (b) | Historic building restoration | Restoration of historic buildings in rural areas | Up to 80% of actual costs | |
| (c) | Removal of eyesore | Removal of eyesores | £290 per item | |
| 6. Livestock | ||||
| (a) | Cattle grid | Installation of cattle grids | £835 per item | |
| (b) | Livestock handling facilities | Installation of livestock handling facilities | Up to 80% of actual costs | |
| (c) | Hard bases for livestock drinkers | Construction of a hard base for livestock when drinking | £110 per base | |
| (d) | Hard bases for livestock feeders | Construction of a hard base for livestock when feeding | £170 per base | |
| (e) | Pasture pumps and associated pipework | Installation of pasture pumps and associated pipework | £220 per pump | |
| (f) | Ram pumps and associated pipework | Installation of ram pumps and associated pipework | £1,480 per pump | |
| (g) | Livestock troughs | Installation of livestock drinking troughs | £110 per trough | |
| (h) | Pipework associated with livestock troughs | Installation of pipework for livestock drinking troughs | £2.65 per m | |
| 7. Payment for advice | ||||
| (a) | Implementation Plan | Production of a detailed plan to meet the requirements of another activity in this Schedule | £1,100 per plan | |
| (b) | Feasibility study | Inform the protection or management of habitats, features or species by providing sufficient information to plan and prescribe management over the length of a multi-annual agreement. | Up to 100% of actual costs | |
| (c) | Woodland management plan | Production of a 10 year management plan for woodland | First 100 ha - £20 per ha (minimum payment £1,000) | |
| Over 100 ha - £10 per ha | ||||
| 8. Scrub, tree and bracken control | ||||
| (a) | Scrub control & felling diseased trees | Control or management of scrub, and removal of diseased or immature trees | Payments range from £260 to £1680 per ha subject to site conditions and method of removal. | |
| (b) | Scrub control – difficult sites | Control of scrub on difficult sites | Up to 80% of actual costs | |
| (c) | Tree removal | Tree removal | £144 per tree | |
| (d) | Chemical bracken control | Removal or reduction of bracken by the application of chemicals | £170 per ha | |
| (e) | Mechanical bracken control | Removal or reduction of bracken by mechanical means | £169 per ha | |
| (f) | Rhododendron control | Destruction of rhododendron in a target area | Payments range from £2,800 to £4,400 per hectare subject to site conditions. | |
| 9. Soil and water | ||||
| (a) | Resurfacing of gateways | Resurfacing of gateways | £92 per gateway | |
| (b) | Gateway relocation | Relocation of gateways to prevent water run off | £340 per gateway | |
| (c) | Watercourse crossings | Construction of watercourse crossing for livestock and machinery | £300 per crossing | |
| (d) | Livestock and machinery hardcore tracks | Construction of hardcore tracks for livestock and machinery | £33 per m | |
| (e) | Cross drains | Installation of cross drains under farm tracks or yard | £245 per drain | |
| (f) | Installation of piped culverts in ditches | Installation of piped culverts in ditches/unit | £340 per culvert | |
| (g) | Sediment ponds and traps | Creation of sediment ponds and/or traps | £10 per sq m | |
| (h) | Constructed wetlands for the treatment of pollution | Construction and maintenance of a wetland area to treat polluted water | 50% of costs | |
| (i) | Earth banks and soil bunds | Creation of earth banks and/or soil bunds | £155 for each unit (100m of bund) | |
| (j) | Silt filtration dams or seepage barriers | Creation of silt filtration dams and/or seepage barriers | £75 per unit | |
| (k) | Swales | Creation of swales | £5.95 per sq m | |
| (l) | Check dams | Construction of check dams or woody debris dams in woodland | £42 per dam | |
| (m) | Yard – underground drainage pipework | Installation of underground drainage pipework for yards | £5.50 per m | |
| (n) | Yard inspection pit | Construction of yard inspection pits | £200 per unit | |
| (o) | Concrete yard renewal | Construction of concrete yard with improved or upgraded drainage | £27.14 per sq m | |
| (p) | Rainwater goods | Installation of new guttering and downpipes on existing farmyard buildings | £11.40 per m | |
| (q) | Storage tanks underground | Installation of underground rainwater storage tanks | £350 per cubic metre ("cu m") | |
| (r) | Above ground tanks | Installation of above ground rainwater storage tanks | £100 per cu m | |
| (s) | First flush rainwater diverters/downpipe filters | Installation of rainwater diverters and filters | £125 per unit | |
| (t) | Relocation of sheep dips and pens | Relocation of sheep dips and pens | £3,675 per unit | |
| (u) | Relocation of sheep pens only | Relocation of sheep pens only | £1,830 per unit | |
| (v) | Sheep dip drainage aprons and sumps | Design and installation of sheep dip drainage aprons and sumps | £18.25 per sq m | |
| (w) | Installation of livestock drinking troughs (in draining pens for freshly dipped sheep) | Installation of livestock drinking troughs in draining pens for freshly dipped sheep | £68 per unit | |
| (x) | Lined biobed plus pesticide loading and washdown area | Installation of a lined biobed plus pesticide loading and washdown area | £118 per sq m | |
| (y) | Lined biobed with existing washdown area | Installation of a line biobed with an existing washdown area | £77 per sq m | |
| (z) | Biofilters/unit | Installation of biofilters | £990 per unit | |
| (aa) | Sprayer or applicator load and washdown area | Installation of a sprayer or applicator load and washdown area | £40 per sq m | |
| (ab) | Roofing (sprayer washdown area, manure storage area, livestock gathering area, slurry stores, silage stores) | Installation of roofing for sprayer washdown areas, manure storage areas, livestock gathering areas, slurry and silage stores. | £62 per sq m | |
| (ac) | Self-supporting covers for slurry stores | Installation of self-supporting covers for slurry stores | £30.50 per sq m | |
| (ad) | Floating covers for slurry stores and lagoons) | Installation of floating covers for slurry stores and lagoons | £5.60 per sq m | |
| (ae) | Equipment to disrupt tramlines in arable areas | Purchase of equipment to loosen soil in tramline area | £1,500 per machine | |
| (af) | Small leaky woody dams | Creation of small leaky woody dams (between 1m and 2.99m) | £461.39 per dam | |
| (ag) | Large leaky woody dams | Creation of large leaky woody dams (between 3m and 5m) | £764.42 per dam | |
| 10. Trees and orchards | ||||
| (a) | Planting standard hedgerow tree | Planting of standard hedgerow trees | £8.80 per tree | |
| (b) | Planting standard parkland tree | Planting of standard parkland trees | £24.50 per tree | |
| (c) | Planting fruit trees | Planting of fruit trees | £22.50 per tree | |
| (d) | Supply and plant tree | Supply and plant trees | £1.28 per tree | |
| (e) | Supplement for use of individual tree-shelters | Installation of individual tree-shelters after planting | £1.60 per unit | |
| (f) | Tree guard (tube and mesh) | Installation of tree guards (tube and mesh) | £4 per guard | |
| (g) | Tree guard (wood post and rail) | Installation of tree guards (wood post and rail) | £59.50 per guard | |
| (h) | Tree guard (wood post and wire) | Installation of tree guards (wood post and wire) | £84 per guard | |
| (i) | Parkland tree guard – welded steel | Installation of welded steel tree guards | £170 per tree | |
| (j) | Coppicing bankside trees | Coppicing of trees along watercourses | £52 per tree | |
| (k) | Tree surgery | Tree surgery | £96.50 per tree when cutting limbs up to and including 20 centimetres ("cm") in diameter | |
| £200 per tree when cutting limbs over 20cm in diameter | ||||
| (l) | Stump grinding | Stump grinding | £24 per stump | |
| (m) | Creation of dead wood habitat on trees | Creation of dead wood habitat on trees | £175 per tree | |
| (n) | Identification of orchard fruit tree varieties | Identification of orchard fruit tree varieties | £29 per variety | |
| 11. Wetlands | ||||
| (a) | Grip blocking drainage channels | Installation of grip-blocking drainage channels | £14.80 per block | |
| (b) | Creation of scrapes and gutters | Creation of scrapes or gutters | £2.80 per sq m | |
| (c) | Ditch, dyke and rhine restoration | Restoration of ditches, dykes or rhines | £7.30 per m | |
| (d) | Ditch, dyke and rhine creation | Creation of ditches, dykes or rhines | £8.40 per m | |
| (e) | Pond management – first 100 sq m | Creation or restoration of ponds with an area of less than 100 sq m | £270 per pond | |
| (f) | Pond management – areas more than 100 sq m | Creation or restoration of ponds with an area of at least 100 sq m | £170 per 100 sq m | |
| (g) | Restoration of large water bodies | Restoration of large water bodies | Up to 100% of actual costs | |
| (h) | Timber sluice | Installation of timber sluices | £315 per sluice | |
| (i) | Brick, stone or concrete sluice | Installation of brick, stone or concrete sluices | £2,480 per sluice | |
| (j) | Construction of water penning structures | Construction of water penning structures | Up to 100% of actual costs | |
| 12. Wildlife boxes | ||||
| (a) | Small wildlife box | Installation of a small wildlife box | £28.50 per box | |
| (b) | Medium wildlife box | Installation of a medium wildlife box | £39 per box | |
| (c) | Large wildlife box | Installation of a large wildlife box | £100 per box | |
(This note is not part of the Regulations)
These Regulations, which apply to England only, are made pursuant to section 98 of the Environment Act 1995.
The Regulations establish a scheme (known as Countryside Stewardship) under which the Secretary of State may make grants for the management of land and grants to promote cooperation between land managers.
Regulation 3 enables the Secretary of State to make a grant to any eligible person who enters into, and complies with, the conditions of a countryside stewardship agreement. Agreements must specify the duration of the agreement, the activity or activities (listed in Parts 2 or 3 of the Schedule) the agreement holder is required to carry out, the terms and conditions that must be met and the payments to be made to the agreement holder by the Secretary of State. This regulation also provides for modifications to the agreement conditions.
Regulation 4 provides the rates of payment applicable for each activity to be carried out under a countryside stewardship agreement. Regulation 5 makes provision for situations where land subject to such an agreement is transferred.
Regulation 6 enables the Secretary of State to make a grant to any qualified person who enters into, and complies with, the conditions of a facilitation agreement. Agreements must specify the duration of the agreement, the services the agreement holder must provide, the terms and conditions that must be met and the payments to be made to the agreement holder by the Secretary of State. This regulation also provides for modifications to the agreement conditions.
Regulation 7 provides for the amount of the grant in respect of a facilitation agreement.
Regulations 8 and 9 enable the Secretary of State to specify requirements in respect of applications for grant and claims for payment in relation to the timing, form and content of such applications and claims. Regulation 10 provides for payments of grant to be made at any time during or after the agreement year.
Regulation 11 enables the Secretary of State to carry out inspections for the purpose of verifying that an agreement holder under these Regulations has complied with the terms and conditions of their agreement.
Regulations 12 and 13 make provision giving the Secretary of State power to determine that an agreement holder has breached the conditions of their agreement or any other requirements under these Regulations, and for recovery and other powers where there has been such a determination. Regulation 14 provides that interest is chargeable on a repayment due from an agreement holder and regulation 15 provides that a repayment due is recoverable as a debt.
Regulation 16 makes provision for appeals to the Secretary of State in respect of any determinations made under regulation 12 and in respect of any other decisions made by the Secretary of State under these Regulations, and gives a power to the Secretary of State to charge an appeal fee. Regulation 17 makes provision for the service of notices.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
1995 c.25, as amended by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820). Section 98(5) defines the appropriate Minister. The functions of the Minister of Agriculture, Fisheries and Food (which related only to England) were transferred to the Secretary of State by virtue of article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
1981 c. 69; the definition of "site of special scientific interest" in section 52(1) was inserted by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 9, paragraph 5(1) and (2).
S.I. 2017/1012. Regulation 13 is prospectively amended by S.I. 2019/579.
Regulation 15 is prospectively amended by S.I. 2019/579.
1981 c. 69; section 37A was inserted by the Countryside and Rights of Way Act 2000 (c. 37), section 77, and placed under a new heading by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11 (1), paragraph 84.
