
1 
These Regulations may be cited as the Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 2) Regulations 2009 and come into force on 26th June 2009.
2 
The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 are amended in accordance with regulations 3 and 4.
3 
In Schedule 2 (rural priorities options), Part 1 (option, activities and eligibility conditions and rates of payment)–
(a) in rural priorities option numbered 17 (management of mown grassland for wildlife) in column 2 paragraph (2)(g) before “ensures little or no tree cover around fields” insert “(where this could result in a negative impact on the target species)”;
(b) in rural priorities option numbered 35 (creation and management of water margins and enhanced riparian buffer areas) in column 2 for paragraph (2) substitute–“
 The margin/buffer must start after the 2m margin/buffer on which no fertiliser may be applied.”;
(c) in rural priorities option numbered 50 (bio-diversity cropping on in-bye) in column 2 paragraph (4) after “the 2004 Regulations” insert “is not eligible”;
(d) in rural priorities option numbered 60 (woodland creation) in column 3–
(i) for the first entry substitute–“
 Payment rates for establishment up to 70% (up to 80% in Less Favoured Areas) of the standard cost of planting and maintenance (up to 100% of standard costs) are shown at Table C in Part 2 of this Schedule.”; and
(ii) for the second entry substitute–“
 Payment rates for additional fencing capital items are up to 70% (up to 80% in Less Favoured Areas) of the standard cost shown for fencing related items in Table D in Part 2 of this Schedule.”;
(e) in rural priorities options numbered 74 (removal of vegetation/debris from SSSI sites notified for their geological features), 75 (erosion control) and 77 (capital works required for features for which SSSI sites and European sites were notified to help bring them into favourable condition), in column 2, in each case, for paragraph (4) substitute:–“
(4) A beneficiary may make a maximum of one claim in any one year and a maximum of 5 claims during the period of their contract. Each payment will be paid in arrears.”; and
(f) in rural priorities number 76(b) (renewable energy powered pumps for water troughs) in column 2 for paragraph (3) substitute:–“
(3) In any 5 year period a beneficiary may make one claim for each single pump purchased (subject to (2)), to serve each trough or system of troughs and in each case payment will be made in arrears.”.
4 
In Schedule 2 (rural priorities options) in Part 2 for Table C substitute–“

Table C
Woodland Type Initial Planting Standard Cost Rate £/ha  Maintenance Standard Cost Rate £/ha/year 
Productive conifer woodland (low cost) 1194.21 161.39
Productive conifer woodland (high cost) 1395.14 186.40
Productive broadleaved woodland 2251.98 229.79
Native woodland 1259.12 218.20
Naturally regenerated native woodland 902.12 101.60
Mixed conifer/broadleaf woodland 2080.59 222.40

The term “established” means that trees must be present to the minimum stocking densities specified, healthy, and in a condition capable of continued growth given no further weeding but subject to normal ongoing maintenance operations such as protection from inappropriate grazing by wild or domestic animals.
An additional establishment premium for using genetically improved planting material is available as follows:

Categories of genetically improved planting material £ per hectare
Sitka spruce seed orchard material that falls within the tested category in terms of regulation 4 of the Forest Reproductive Material (Great Britain) Regulations 2002 50
Sitka spruce vegetatively propagated tested “family mixture” material derived from controlled cross-pollination. 150
”.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
3rd June 2009