AGRICULTURE Citation and commencement 1 This Order may be cited as the Environmentally Sensitive Areas (Whitlaw and Eildon) Designation Order 1988 and shall come into force on 14th April 1988. Interpretation 2 1 In this Order— “agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3; “conservation plan” means a layout plan of the farm and an attached statement identifying relevant land and conservation features and setting out, as appropriate, details of how the requirements in the agreement will be implemented on the farm; “farm business” means a business or part of a business which engages in agricultural production for the purposes of trade; “farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State; “rough grazings” means heathland or moorland used for grazing purposes; “unimproved pasture” means land used for grazing which has not been tilled for cropping or reseeded and which has not previously been treated with a significant amount of artificial or mineral fertiliser or lime; “wetland” means any ground which is normally saturated with water. 2 Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order. Designation of environmentally sensitive area 3 There is hereby designated as an environmentally sensitive area that area of land within the Ettrick and Lauderdale District of Borders Region known as Whitlaw and Eildon and which is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area– Whitlaw and Eildon” dated 2nd March 1988 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland, Chesser House, Gorgie Road, Edinburgh. Requirements to be included in agreement 4 An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment. Provisions as to breach of requirements to be included in agreement 5 An agreement shall include provision that— a in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and b any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors. Rates of payment under agreement 6 1 Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be at the rate of £20 per annum for each hectare of land to which the agreement relates, or at the rate of £1,500 per annum per individual farm business, whichever is the lower. 2 Payments in respect of farm businesses comprising no more than 12 hectares of land to which an agreement relates shall be at the rate of £240 per annum per farm business. 7 Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 15(2) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be either at a rate to be determined by the Secretary of State, up to a maximum of £100 per annum for each hectare of land to which the agreement relates, or at the rate of £3,000 per annum per individual farm business, whichever is the lower. Sanderson of Bowden Minister of State, Scottish Office New St Andrew’s House, Edinburgh 2nd March 1988 We consent, Peter Lloyd Michael Neubert Two of the Lords Commissioners of Her Majesty’s Treasury 10th March 1988