
1 
These Regulations may be cited as the Land Management Contracts (Menu Scheme) (Scotland) Amendment Regulations 2006 and come into force on 15th May 2006.
2 
The Land Management Contracts (Menu Scheme) (Scotland) Regulations 2005 are amended in accordance with regulations 3 to 5.
3 
In regulation 3(1) (applications for aid) for “(4)” substitute “(2)”.
4 
In Schedule 1 (menu option activities, eligibility conditions and rates of payment)–
(a) in option 2 (membership of quality assurance and organic schemes) in column 2 (activities and eligibility conditions)–
(i) in paragraph (a) for “2006” substitute “in the scheme year”; and
(ii) in paragraph (b) for “2005 and 16th January 2006” substitute “and 16th January in the scheme year”;
(b) in option 3 (training) in column 2 in paragraph (a) omit “in a secondary school, Further Education College or Higher Education establishment”;
(c) in option 4 (farm and woodland visits) in column 2 for “woodland manager” substitute “representative of the business”;
(d) in option 5 (off farm and woodland talks) in column 2 in paragraph (1) between “An applicant is eligible for payment under this Menu Option if the applicant” and “conducts” insert “or representative of the business”;
(e) in option 7 (management of linear features: hedgerows and hedgerow trees; ditches; and dykes) in column 2–
(i) in paragraph (3)(ii)(a) (ditches) after “ditches” where it first appears insert “at least once within the 5 year period but”;
(ii) in paragraph (3)(iii)(a) (dykes) for “drystone walls; and” substitute “drystane dykes;”;
(iii) in paragraph (3)(iii)(b) for “wall” substitute “dyke”; and
(iv) at the end of paragraph (3)(iii)(b) insert–“; and
(c) drystane dykes should be maintained with material traditional to the locality and to a standard and style normally found there”;
(f) in option 8 (management of moorland grazing) in column 2 in paragraph (2)(a) after “interests” insert “, which plan must be in place by the start of the scheme year”;
(g) in option 9 (management of rush pasture) in column 2 in paragraph (2)(b) before “maximum” on each occasion that it appears insert “minimum of one third and a”;
(h) in option 10 (biodiversity cropping on in bye land) in column 2 in paragraph (1) for “This is a 5 year commitment” substitute “The number of hectares applied for in any year must be maintained for 5 years”.
(i) in option 11 (retention of winter stubbles) in column 2 in paragraph (1) for “This is a 5 year commitment” substitute “The number of hectares applied for in any year must be maintained for 5 years”;
(j) in option 12 (wild bird seed mixture) in column 2–
(i) for paragraph (1) substitute “(1) The number of hectares applied for in any year must be maintained for 5 years.”; and
(ii) in paragraph (2)(a) after “bearing” for “crops” substitute “crop groups by 31st May”;
(k) in option 15 (improving access) in column 2–
(i) in paragraph (2)(d) omit “use”;
(ii) in paragraph (2)(e) for “at the start of the route at a convenient point of entry” substitute “along the path to help users keep to the route”;
(iii) in paragraph (2)(i) after “items” insert “and sends a copy to the local Access Officer”; and
(l) in option 16 (farm woodland planning) in column 2 paragraph (2)(e)–
(i) for “2005” substitute “in the scheme year”; and
(ii) omit “within 2 months of its receipt”.
5 
In Schedule 3 (interpretation of Schedules)–
(a) after the definition of “cropped machair” insert–“
 “ditches” means a man-made channel or adapted watercourse on in-bye land, which has a bed width of not less than 0.3 metres and which generally carries water away from surrounding land or field drainage systems throughout the year;”; and
(b) after the definition of “livestock unit” insert–“
 “local Access Officer” means an Access Officer employed by a local authority or if within a National Park by the relevant National Park authority;
 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”; and
(c) after the definition of “muirburn” insert–“
 “National Park authority” means a devolved public body that is a National Park authority, within the meaning of section 35 of the National Parks (Scotland) Act 2000;”.
ROSS FINNIE
A member of the Scottish Executive
Pentland House,
Edinburgh
20th April 2006