UK Offence Report

The Set-Aside Access (Scotland) Regulations 1994

UK Statutory Instrument 1994 No. 3085 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 December 1994
In force from
28 December 1994
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement in part Council Regulation (EEC) No.2078/92 (OJ No.L215, 30.7.92, p.85) on agricultural production methods compatible with the requirements of the protection of the environment and maintenance of the countryside. The Regulations, which apply to Scotland, provide for the payment of aid to eligible persons who undertake for five years from 15 January in the year following acceptance of their application to permit members of the public to have access to an area of land, referred to in the Regulations as the “access area”, for the purposes of quiet recreation, to set aside that area and to manage it and any adjacent lands or fields crossed by an access way in accordance with the requirements set out in the Schedule to the Regulations (regulation 3). Requirements in relation to the access area are set out (regulation 4). Applications for aid must include a map identifying certain details (regulation 5) and restrictions on the acceptance of applications in certain circumstances are set out (regulation 6). Provision is made for a new occupier to receive aid in place of the original occupier upon the Secretary of State’s acceptance of his undertaking to comply with the access obligations undertaken by the original occupier for the remainder of the access period (as defined in regulation 2(1)) (regulation 7). Aid is payable annually in arrear in five instalments and the rates of payment are set out (regulation 8). The Regulations also— a provide for an obligation to permit entry and inspection (regulation 10); b provide for withholding and recovery of aid and termination (regulation 11); c create an offence, punishable on summary conviction with a fine not exceeding level 5 on the standard scale, of knowingly or recklessly making a false statement in order to obtain aid (regulation 12).

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