Citation and commencement

1. These Regulations may be cited as the Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2009 and come into force on 1st February 2009.

Amendment of the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

2. The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008(2) are amended in accordance with regulations 3 to 5.

Amendment to Schedule 1

3. In Schedule 1 (interpretation of schedules) in the definition of "rural settlement"-

(a) for "classification" substitute "classifications"; and

(b) after "2003-2004" insert ", 2005-2006 or Scottish Government Urban Rural Classification 2007-2008(3)."

Amendment to Schedule 2

4. In Schedule 2 (rural priorities options), Part 1 (option, activities and eligibility conditions and rates of payment)-

(a) in rural priorities option numbered 7 (establishment of short rotation coppice crops of willow or poplar) in column 3-

(i) after "50%" insert "of eligible actual costs";

(ii) after "(Less Favoured Area)" insert "including the cost of fencing (for both non Less Favoured Areas and Less Favoured Areas)"; and

(iii) for "cost of £1540" substitute "payment of £1000";

(b) in rural priorities option numbered 16 (wild bird seed mix/unharvested crop) in column 2, in paragraph (2)(b) before "sows a mixture" insert "spring";

(c) in rural priorities option numbered 60 (woodland creation) in column 3, after the first entry insert "Payment rates for additional fencing capital items are 70% of the standard cost shown for fencing related items in Table D in Part 2 of this Schedule";

(d) in rural priorities option numbered 62 (woodland improvement grants) in column 3, for "70%" substitute "100%";

(e) in rural priorities option numbered 67 (area access management and monitoring, and creation and upgrading of paths and routes) in column 3, omit ", up to a maximum of £500 per item";

(f) in rural priorities option numbered 70 (active management to improve the condition of vernacular rural buildings, archaeological or historic sites and historic landscapes) in column 3, omit "annual".

5. In Schedule 2 (rural priorities options) in Part 2 for Table D (woodland improvement grants option) substitute-

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 ("the 2008 Regulations") which introduce measures to supplement Council Regulation (EC) No. 1698/2005 (O.J. No. L 277, 21.10.2005, p.1) ("the Council Regulation") which lays down general rules governing Community support for rural development (financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No. 1290/2005 (O.J. No. L 209, 11.8.2005, p.1)) and Commission Regulation (EC) Nos. 1974/2006 (O.J. No. L 368, 23.12.2006, p.15) and 1975/2006 (O.J. No. L 368, 23.12.2006, p.74) laying down detailed rules for the application of the Council Regulation.

The 2008 Regulations provide for the payment of aid to be made available by the Scottish Ministers from the Scotland Rural Development Programme 2007 - 13 to any person who enters into an undertaking with the Scottish Ministers to carry out, or as the case may be, carry out and maintain the activities relevant to at least one of the rural priorities options set out in Schedule 2, and where relevant one or more than one of the capital items set out in relation to a particular rural priorities option or set out in Schedule 3.

The Regulations amend the definition of "rural settlement" to include each of the current versions of the Scottish Executive Urban Rural Classifications (2003 - 2004; 2005 - 2006) and the Scottish Government Urban Rural Classifications (2007 - 2008) under which eligibility of a rural community group can be assessed (regulation 3). The Regulations also amend the activity and eligibility conditions and rates of payment in options 7, 16, 60, 62, 67 and 70 in Schedule 2 (regulation 4).

The Regulations also amend Table D of Part 2 of Schedule 2 to the 2008 Regulations by substituting a new table D containing new items: "Fell/extract dangerous trees"; "Manual brashing"; "High pruning"; "Early pruning of trees"; "High pruning of trees"; "Restructuring with diverse conifers" and "Heather restoration (in Black Grouse core areas)". The standard cost for "Forest plan preparation"; "Manual brashing"; "High pruning"; "Early pruning of trees"; "High pruning of trees"; "Restructuring with diverse conifers" and "Heather restoration (in Black Grouse core areas)". The standard cost for "Forest plan preparation" is amended to give a minimum and maximum payment threshold (regulation 5).