Farm Woodland Scheme 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1291 |
1988 No. 1291
AGRICULTURE
The Farm Woodland Scheme 1988
Made 25th July 1988
Coming into force 1st October 1988
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by section 2 of the Farm Land and Rural Development Act 19881and of all other powers enabling them in that behalf, with the approval of the Treasury, hereby make the following Scheme of which a draft has been laid before and approved by resolution of each House of Parliament:—
Title, commencement and extent
1. This Scheme may be cited as the Farm Woodland Scheme 1988 and shall come into force on 1st October 1988.
This Scheme shall apply to Great Britain.
Interpretation
2. In this Scheme unless the context otherwise requires—
“agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of agriculture;
“agricultural unit” means land which is occupied as a unit for agricultural purposes;
“agriculture” and cognate expressions shall be construed, in relation to England and Wales, in accordance with section 109 of the Agriculture Act 19472and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 19483except that in either case such expressions shall not include the use of land for woodlands;
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or Wales, the Secretary of State;
“converted woodlands” means eligible land converted from agricultural use to use for woodlands in accordance with a plan of operations;
“designated maps” means—
(a) in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE;
(b) in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;
(c) in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Chesser House, Gorgie Road, Edinburgh EH11 3AW;
“disadvantaged land” means land—
(a) which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
(b) whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate,
which land is within the area shaded blue on the designated maps;
“eligible land” means—
(a) arable land except where such land has been converted to arable since 31st December 1987;
(b) improved grassland except where such land has been cultivated and re-seeded for the first time since 31st December 1987; or
(c) agricultural land other than arable land and improved grassland which is either severely disadvantaged land or disadvantaged land, except where such land has been converted to agricultural use for the first time since 31st December 1987,
but does not include woodlands used for grazing cattle or sheep or land used for grazing horses;
“improved grassland” means grassland which has been cultivated and re-seeded within ten years prior to the date of an application for grant under this scheme which relates to that land;
“initial entrant” means an entrant into this Scheme whose application for grant is accepted under paragraph 3(1);
“nature reserve” means—
(a) land subject to an agreement under section 16 of the National Parks and Access to the Countryside Act 19494that it shall be managed as a nature reserve;
(b) land declared to be a national nature reserve by the Nature Conservancy Council pursuant to section 35 of the Wildlife and Countryside Act 19815;
“occupier” means a person who jointly or severally occupies land either as an owner or lessee and references to “occupies” and “occupation” shall be construed accordingly;
“plan of operations” means a plan of operations for the conversion of an area of eligible land to woodlands in pursuance of this Scheme which has been approved by the Forestry Commissioners under the Woodland Grant Scheme (being a scheme under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 19796for and in connection with the use and management of land for forestry purposes);
“severely disadvantaged land” means land—
a
(i) which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
(ii) whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
(b) situated in the Isles of Scilly
which land is within the area shaded pink on the designated maps;
“subsequent entrant” means an entrant into this Scheme whose application for grant is accepted under paragraph 3(2).
Any reference in this Scheme to a numbered paragraph or Schedule shall be construed as a reference to the paragraph or Schedule bearing that number in this Scheme.
Requirements for entry into the Scheme
3. Subject to the provisions of this Scheme, a person may be accepted by the appropriate Minister as an initial entrant if, in the opinion of that Minister, he—
occupies eligible land in relation to which he makes an application to join the Scheme; and
carries on, whether personally or by a manager, an agricultural business on an agricultural unit which includes that land; and
has agreed with the Forestry Commissioners a plan of operations for conversion of that land from agricultural use to use for woodlands.
Subject to the provisions of this Scheme, a person may be accepted by the appropriate Minister as a subsequent entrant if, in the opinion of that Minister, he—
occupies converted woodlands, either with or without eligible land which remains the subject of a plan of operations which he agrees to complete, in relation to which he makes an application to join the Scheme; and
carries on, whether personally or by a manager, an agricultural business on an agricultural unit which includes those woodlands and (where applicable) that eligible land or is adjacent to them; and
occupies the land referred to in sub-paragraph (a) above in immediate succession to a previous occupier who had been accepted as an entrant into this Scheme.
In paragraph (2) above “immediate succession” means occupation of the land in question within 12 months of the termination of occupation by the previous occupier who was an entrant into this Scheme or by his personal representatives.
Applications for grant
4. Every application for grant under this Scheme shall be made in such form as the appropriate Minister may require.
Restrictions on acceptance of applications
5. The appropriate Minister shall not approve an application to enter this Scheme which relates to land which—
is registered as common land pursuant to the Commons Registration Act 19657;
forms part of a nature reserve;
was, in the opinion of the appropriate Minister, planted with woodlands to an appreciable degree before the plan of operations relating to that land was approved;
is occupied by a lessee unless the owner of that land has given his consent in writing to the occupier’s participation in the Scheme.
The appropriate Minister may refuse an application to enter this Scheme which relates to land—
in respect of which the payment of grant under this Scheme appears to that Minister to frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Economic Community;
which is occupied by a person who has been accepted as an initial entrant in relation to other land within three years of the coming into force of this Scheme.
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