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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20053473.html

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STATUTORY INSTRUMENTS


2005 No. 3473

AGRICULTURE, ENGLAND

The Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005

  Made 13th December 2005 
  Coming into force in accordance with paragraph 1

The Secretary of State makes the following Scheme in exercise of the powers conferred by section 2 of the Farm Land and Rural Development Act 1988[1] and now vested in her[2].

     In accordance with section 2 of that Act the Scheme is made with the approval of the Treasury.

     In accordance with section 2(4) of that Act a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Title, commencement and application
     1. —(1) This Scheme may be cited as the Farm Woodland Premium Schemes (Amendment) (England) Scheme 2005 and shall come into force on the day after the day on which it is made.

    (2) This Scheme applies in England only.

Farm Woodland Premium Scheme 1997 and Farm Woodland Premium Scheme 1992
    
2. —(1) The Farm Woodland Premium Scheme 1997[3] and the Farm Woodland Premium Scheme 1992[4] shall be amended in accordance with this Scheme.

    (2) In paragraph 2(1) of both Schemes, in the Farm Woodland Premium Scheme 1997 after the definition of "Council Regulation 3508/92", and in the Farm Woodland Premium Scheme 1992 after the definition of "converted land", there shall be inserted—

    (3) In the definition of "Council Regulation 3508/92", in paragraph 2(1) of the Farm Woodland Premium Scheme 1997, after "Council Regulation No. 2466/96" there shall be added ", and as it applied on 5th October 2003[7]".

    (4) In the Farm Woodland Premium Scheme 1997, after paragraph 7A there shall be inserted the following paragraph—

    (5) For the text in sub-paragraph (3) of paragraph 9 of the Farm Woodland Premium Scheme 1997, and for the text in sub-paragraph (2A) of paragraph 9 of the Farm Woodland Premium Scheme 1992, there shall be substituted—

    (6) For the text in sub-paragraph (4) of paragraph 9 of the Farm Woodland Premium Scheme 1997 and for the text in sub-paragraph (2B) of paragraph 9 of the Farm Woodland Premium Scheme 1992, there shall be substituted—


Jim Knight
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

6th December 2005



We approve,


Joan Ryan

Gillian Merron
Two of the Lords Commissioners of Her Majesty's Treasury

13th December 2005



EXPLANATORY NOTE

(This note is not part of the Scheme)


This Scheme which applies in England only is made pursuant to section 2 of the Farm Land and Rural Development Act 1988.

This Scheme makes amendments to the Farm Woodland Premium Scheme 1992 (SI 1992/905) and the Farm Woodland Premium Scheme 1997 (SI 1997/829), ("the Farm Woodland Premium Schemes"). These schemes apply in England, Wales and Scotland.

The Farm Woodland Premium Schemes comply with: -

The Farm Woodland Premium Schemes provide for the payment of annual grants to abate financial losses incurred in consequence of the conversion of agricultural land to use for woodlands.

The amendments made by this Scheme, at paragraphs 2(5) and 2(6), implement changes required by the replacement of previous European Community direct payment schemes with the Single Payment Scheme under Council Regulation (EC) 1782/2003 of 29 September 2003 (OJ No. L 270, 21.10.2003 p.1). Where applicants with land converted under the Farm Woodland Premium Schemes count any of that land towards their set-aside requirement under the Single Payment Scheme, their payment under the Farm Woodland Premium Schemes in the year of that Single Payment Scheme application will be reduced by the set-aside payment received in respect of any of that land under the Single Payment Scheme. This implements the rule, in Article 38 of Council Regulation (EC) 1257/1999, which prohibits double funding of the same measure under different European Community provisions.

Minor amendments are also made, at paragraphs 2(2) and 2(3), to update the definitions in these Schemes.

This Scheme also closes the Farm Woodland Premium Scheme 1997 to new applicants, through paragraph 2(4), from the date this Scheme comes into force. Applications from new occupiers of land, where that land is already subject to a conversion plan under these Schemes, will continue to be considered.

A regulatory impact assessment has not been carried out as there is no impact on the costs of business.


Notes:

[1] 1988 c.16. The expression "the appropriate authority" upon whom the powers of section 2 are conferred is defined in section 2(6) and 1(5) of that Act and is to be read with the definition of "the appropriate Minister" in those sections.back

[2] 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).back

[3] S.I. 1997/829, to which there are amendments not relevant to this Scheme.back

[4] S.I. 1992/905 amended by S.I. 1997/829. There are other amendments to this SI but they are not relevant to this Scheme.back

[5] O.J. No L270, 21.10.2003, p.1, amended by Council Regulation (EC) No 21/2004 (OJ No L5, 9.1.2004, p.8), Council Regulation (EC) No 583/2004 (OJ No L91, 30.3.2004, p.1), Council Regulation (EC) No 864/2004 (OJ No L161, 30.4.2004, p.48), Council Regulation (EC) No 2217/2004 (OJ No L375, 23.12.2004, p.1) and Commission Regulation (EC) No 118/2005 (OJ No L24, 27.01.2005, p.15). These amendments are not relevant to this Scheme.back

[6] O.J. L24, 27.01.2005, p.15.back

[7] Council Regulation 3508/1992 was repealed by Council Regulation 1782/03 (OJ No. L270, 21.10.03, p.1) as of 6th October 2003. Council Regulation 1782/03 at Article 153(5) contains a provision stating that references to Council Regulation 3508/92 and other repealed legislation should be read as a reference to Council Regulation 1782/03. That provision does not apply to this Scheme.back



ISBN 0 11 073834 9


 © Crown copyright 2005

Prepared 22 December 2005


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