AGRICULTURE Title, commencement and interpretation 1 1 These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) (No. 2) Regulations1998 and shall come into force on 30th September 1998. 2 In these Regulations– a “the principal Regulations ” means the Nitrate Sensitive Areas Regulations 1994 ; b “current scheme”, with respect to an applicant, means the scheme in which a person referred to in regulation 2(1)(b) below participates at the date of the new application made by him. Closure of schemes with respect to future applications 2 1 The principal Regulations shall have effect only in so far as they apply in relation to any application made under them, and any participation in and entitlement under a scheme pursuant to such an application, being an application which– a has been accepted by the Minister; or b is an application (a “new application”) of a kind specified in regulation 3 below made before 30th September 1998 by a person– i who, at the date of his new application, participates in a scheme as a consequence of a previous application for aid made by him which was accepted by the Minister; and ii who has given undertakings under regulation 7 of the principal Regulations with respect to his current scheme, and in respect of a period of five years which at the date of his new application has not expired. 2 In so far as, by virtue of paragraph (1) above, the principal Regulations continue to have effect, they shall apply with the modification specified in regulation 4 below and subject to the amendments made in regulations 5 to 14 below. 3 An application of the kind mentioned in regulation 2(1)(b) above is an application to participate in a new scheme, and for entitlement to aid thereunder, in substitution to the applicant’s participation in, and entitlement to aid under, his current scheme. Modification of the principal Regulations 4 1 The Minister shall not accept an application of a kind specified in regulation 3 above unless he is satisfied that the conditions set out in Article 13 of Commission Regulation ( EC ) (No. 746/96 will be fulfilled as a result of such acceptance. 2 Where the Minister has accepted an application of a kind specified in regulation 3 above made by a person specified in regulation 2(1)(b) above, the applicant’s participation in his current scheme, and his obligations and entitlement to aid thereunder, shall end. Amendment of the principal Regulations 5 The principal Regulations shall be amended in accordance with the following provisions of these Regulations. 6 In regulation 5 (land which is eligible for aid), in paragraph (1), for the words “regulation 3(1)(b)” there shall be substituted the words “regulation 3(b)”. 7 In regulation 7 (undertakings by farmer), in paragraph (1), for the words “regulation 3(1)(d)” there shall be substituted the words “regulation 3(d)”. 8 In regulation 8 (restrictions on acceptance of applications for aid), in paragraph (4)(a), for the words “regulation 3(1)(d)” there shall be substituted the words “regulation 3(d)”. 9 In regulation 11 (payments of aid), for the words “sub-paragraph (b) of regulation 7” there shall be substituted the words “regulation 7(1)(b)”. 10 In Schedule 2 (requirements under all schemes), for the words “regulation 7(a)” there shall be substituted the words “regulation 7(1)(a)”. 11 In Schedule 3 (requirements under the basic scheme), for the words “regulation 7(b)(i)” there shall be substituted the words “regulation 7(1)(b)(i)”. 12 In Schedule 4 (requirements under the premium arable scheme)– a for the words “regulation 7(b)(ii)” there shall be substituted the words “regulation 7(1)(b)(ii)”; b for paragraph (2) there shall be substituted the following two paragraphs– 2 the farmer shall maintain as grassland for as long as any undertaking of his remains extant– a all permanent grassland on his land within the nitrate sensitive area; and b any arable land converted to grassland, excluding grass leys, after 31st December 1991; 2A the farmer shall also maintain as grassland, for the duration of any undertaking relating to it, the land converted in accordance with paragraph (1); . 13 In Schedule 5 (requirements under the premium grass scheme), for the words “regulation 7(b)(iii)” there shall be substituted the words “regulation 7(1)(b)(iii)”. 14 In Schedule 6 (rates of payment), in paragraph 6B (set-aside option), for the amount “£376” there shall be substituted the amount “£356”. Elliot Morley Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food 26th August 1998