
1 
These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 and come into force on 24th January 2010.
2 
The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 are amended in accordance with regulations 3 to 9.
3 

(1) Regulation 3 (interpretation) is amended as follows.
(2) After the definition of “crop requirement” insert—“
 “derogated farm” means a farm over which a derogation has been granted;
 “derogation” means a derogation from the annual limit of nitrogen in livestock manure that can be applied to land granted by the Scottish Ministers in accordance with regulations 14, 14A and 14B;
 “derogation application” means an application for a derogation submitted by the occupier of a farm;”.
(3) After the definition of “farmyard manure” insert—“
 “fertilisation accounts” means accounts providing such information relating to the management of nitrogen and phosphate inputs during the preceding calendar year as the Scottish Ministers may specify in accordance with regulation 25(3);”.
(4) After the definition of “grassland” insert—“
 “grassland farm” means a farm where 80% or more of the agricultural area available for manure application is permanent grassland or temporary grassland (temporary implying leys of less than four years), including crops under-sown with grass but excluding grassland with 50% or more clover;
 “grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses;”.
(5) After the definition of “organic manure with high available nitrogen content” insert—“
 “phosphate fertiliser” means any substance containing one or more phosphate compounds used on land to enhance growth of vegetation and includes organic manure;”.
4 

(1) Regulation 5 (fertiliser and manure management plan) is amended as follows.
(2) Omit “and” where it appears at the end of regulation 5(3)(b).
(3) After regulation 5(3)(c), insert—“and
(d) in respect of derogated farms, in addition to the requirements of sub-paragraphs (a) to (c)—
(i) a note of the number of livestock and a description of the housing and storage system that includes the volume of manure storage available;
(ii) a calculation of manure nitrogen (less losses in housing and storage) and phosphate produced in the farm;
(iii) a description of the crop rotation and area of each crop, including a sketch map indicating location of individual fields;
(iv) a calculation of the foreseeable nitrogen and phosphate crop requirements;
(v) a note of the amount and the type of manure delivered outside the farm or to the farm;
(vi) the results of soil analysis related to nitrogen and phosphate soil status, if available;
(vii) a note of the nitrogen and phosphate application from manure over each field; and
(viii) a calculation of the application of nitrogen and phosphate with chemical and other fertilisers over each field.”.
(4) After regulation 5(5), insert—“
(6) Fertiliser and manure management plans in respect of derogated farms shall be revised no later than 7 days after any changes in agricultural practice at the farm.”.
5 

(1) Regulation 14 (annual farm limit of nitrogen in livestock manure) is amended as follows.
(2) At the beginning of paragraph (1), insert “Subject to paragraph (4),”.
(3) After paragraph (3), insert—“
(4) The occupier of any grassland farm within a nitrate vulnerable zone may apply to the Scottish Ministers for a derogation from the annual farm limit of nitrogen in livestock manure specified in paragraph (1).
(5) Any derogation granted shall last until the conclusion of the calendar year to which it relates, and shall be subject to renewal.
(6) Where the Scottish Ministers grant a derogation, the total annual amount of nitrogen in livestock manure from grazing livestock applied to the derogated farm, whether directly by an animal or by spreading, must not exceed 250kg multiplied by the area of the derogated farm in hectares.
(7) Any application for a derogation shall be made in accordance with regulation 14A and any grant of a derogation shall be subject to the conditions of regulation 14B.”.
6 

(1) After regulation 14, insert—“
14A. 

(1) The occupier of any grassland farm within a nitrate vulnerable zone who wishes to apply to the Scottish Ministers for a derogation must submit an application—
(a) by 30th April of the calendar year to which the application pertains (in respect of applications other than those pertaining to 2009);
(b) by 31st January 2010 in respect of applications pertaining to 2009.
(2) The Scottish Ministers must publish electronically the manner and form in which the derogation application must be made.
(3) Where the farm in respect of which a derogation is applied for benefited from a derogation during the calendar year preceding that to which the application relates, the application shall be accompanied by the fertilisation accounts for that preceding calendar year.
(4) The Scottish Ministers must approve or refuse a derogation application within 21 days from its receipt and notify the applicant of the decision in writing.
(5) Where the Scottish Ministers refuse a derogation application, they shall give the occupier reasons for the refusal.
14B. 
A derogation shall be subject to the following conditions—
(a) total nitrogen inputs shall not exceed the foreseeable nutrient demand of the considered crop, taking into account the supply from the soil;
(b) livestock manure shall not be spread in the autumn before grass cultivation;
(c) grass on sandy soils, if ploughed, shall only be ploughed in spring;
(d) ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand;
(e) crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen, other than clover in grassland with less than 50% clover or leguminous plants under-sown with grass;
(f) nitrogen and phosphate soil sampling and analysis shall be carried out at least once every four years for, as a minimum, every five hectares of the farm that, having regard to crop rotation and soil characteristics, can reasonably be considered homogeneous; and
(g) fertilisation accounts for each calendar year for which a derogation is granted shall be prepared and submitted to the Scottish Ministers by 30th April of the following year.”.
7 

(1) Regulation 25 (records to be kept) is amended as follows.
(2) For regulation 25(2) substitute—“
(2) The occupier of a derogated farm must, in addition to the records to be kept under paragraph (1), keep records of—
(a) the derogation application and decision;
(b) the fertiliser and manure management plan referred to in regulation 5;
(c) fertilisation accounts; and
(d) the results of nitrogen and phosphate analysis in soil referred to inregulation 14B.
(3) The Scottish Ministers must publish electronically the manner and form in which fertilisation accounts must be prepared and submitted.
(4) The records referred to in paragraphs (1) and (2) must be kept for each year.”.
8 

(1) Schedule 1 (calculation of nitrogen (“N”) in livestock manure) is amended as follows.
(2) Omit the heading “Calculation of nitrogen (‘N’) in livestock manure” and substitute “Calculation of nitrogen (‘N’) and phosphate (‘P2O5’) in livestock manure”.
(3) For Table 1, substitute—“

Table 1
Pigs Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day)
Weight   
 From 7 to 13kg 1.3 4.1 1.3
 From 13 to 31kg 2.0 14.2 6.0
 From 31 to 66kg—   
  Dry fed 3.7 24 12.1
  Liquid fed 7.1 24 12.1
 From 66kg and—   
  intended for slaughter—   
  dry fed 5.1 33 17.9
  liquid fed 10.0 33 17.9
sow intended for breeding that has not yet had its first litter (maiden gilt) 5.6 38 20.0
sow (including litter up to 7kg) fed on a diet supplemented with synthetic amino acids 10.9 44 37.0
sow (including litter up to 7kg) fed on a diet without synthetic amino acids 10.9 49 37.0
Breeding boar from 66kg up to 150kg 5.1 33 17.9
Breeding boar, from 150kg 8.7 48 28.0
Cattle Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day)
Calf (all categories) up to 3 months 7.0 23 12.7
 Dairy cow   
  From 3 months up to 13 months 20 95 34
  From 13 months up to first calf 40 167 69
 After first calf and—   
  annual milk yield more than 9000 litres 64 315 142
  annual milk yield between 6000 to 9000 litres 53 276 121
  annual milk yield less than 6000 litres 42 211 93
 Beef cows or steers   
 From 3 up to 13 months 20 91 33
 From 13 up to 25 months 26 137 43
 Over 25 months—   
 Females or steers for slaughter 32 137 60
 Females for breeding—   
  weighing 500kg or less 32 167 65
  weighing more than 500kg 45 227 86
 Bulls   
  non-breeding, 3 months and over 26 148 24
 Breeding    
  From 3 up to 25 months 26 137 43
  Over 25 months 26 132 60

Sheep Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day)
From 6 months up to 9 months old 1.8 5.5 0.76
From 9 months old to first lambing, first tupping or slaughter 1.8 3.9 2.1
After lambing or tupping   
 weight up to 60kg 3.3 21 8.8
 weight over 60kg 5.0 33 10

Goats, deer and horses Daily Excreta (litres per animal/day) Daily Nitrogen production (grams per animal/day) Daily Phosphate production (grams per animal/day)
Goat 3.5 41 18.8
Deer   
 Breeding 5.0 42 17.6
 Other 3.5 33 11.7
Horse 24 58 56
Poultry Daily Excreta (kilograms per bird/day) Daily Nitrogen production (grams per bird/day) Daily Phosphate production (grams per bird/day)
Laying chicken   
 up to 17 weeks 0.04 0.64 0.47
 17 weeks and over (caged) 0.12 1.13 1.0
 17 weeks and over (free range) 0.12 1.5 1.1
Broiler chicken (table) 0.06 1.06 0.72
Broiler chicken (breeder)—   
 up to 25 weeks 0.04 0.86 0.78
 25 weeks and over 0.12 2.02 1.5
Turkey   
 Male 0.16 3.74 3.1
 Female 0.12 2.83 2.3
Duck 0.10 2.48 2.4
Ostrich 1.6 3.83 18.5
”.
9 

(1) Schedule 3 (calculation of maximum nitrogen application to crops) is amended as follows.
(2) For Table 1, substitute—“

Table 1
  Predominant Soil Type in Field
Planned crop Standard yield (t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty
Spring Barley 5.5 150 130 80 50
Winter Barley 6.5 200 180 120 80
Spring Wheat 7.0 170 150 100 60
Winter Wheat 8.0 220 200 140 80
Spring Oats 5.0 120 100 50 20
Winter Oats 6.0 160 140 90 50
Spring Oilseed Rape n/a 100 100 50 20
Winter Oilseed Rape (spring) 4.0 200 200 120 80
Winter Oilseed Rape (autumn) n/a 30 30 30 30
Potatoes n/a 245 225 175 145
Forage Maize, Rape n/a 140 120 70 40
Kale n/a 180 160 100 60
Swedes and Turnips n/a 110 90 50 20
Linseed n/a 80 60 30 0
Adjustments





There is no upward adjustment for excess winter rainfall on N Residue Group 1 Crops
Grassland Management Regimes in Residue Group 2: - 1-2 year low N leys, not grazed within 2 months of ploughing out or during September or October

 Predominant Soil Type in Field
Planned crop Standard yield(t/ha) Sand or shallow Sandy loam orOther mineral Humose Peaty
Spring Barley 5.5 140 120 70 40
Winter Barley 6.5 190 170 110 70
Spring Wheat 7.0 160 140 90 50
Winter Wheat 8.0 210 190 130 70
Spring Oats 5.0 110 90 40 10
Winter Oats 6.0 150 130 80 40
Spring Oilseed Rape n/a 90 90 40 10
Winter Oilseed Rape (spring) 4.0 190 190 110 70
Winter Oilseed Rape (autumn) n/a 20 20 20 20
Potatoes n/a 235 215 165 135
Forage Maize, Rape n/a 130 110 60 30
Kale n/a 170 150 90 50
Swedes and Turnips n/a 100 80 40 10
Linseed n/a 70 50 20 0
Adjustments     





If actual localised rainfall from 1st Oct – 1st March exceeds 450 mm: add 10kgN/ha
Grassland Management Regimes in Residue Group 3: 1-2 year low N leys, grazed within 2 months of ploughing out or during September or October
1-2 year high N leys, not grazed within 2 months of ploughing out or during September or October
Thin permanent grass, low N, no clover

 Predominant Soil Type in Field
Planned crop Standard yield(t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty
Spring Barley 5.5 130 110 60 30
Winter Barley 6.5 180 160 100 60
Spring Wheat  7.0 150 130 80 40
Winter Wheat  8.0 200 180 120 60
Spring Oats  5.0 100 80 30 0
Winter Oats  6.0 140 120 70 30
Spring Oilseed Rape n/a 80 80 30 0
Winter Oilseed Rape (spring)  4.0 180 180 100 60
Winter Oilseed Rape (autumn) n/a 10 10 10 10
Potatoes n/a 225 205 155 125
Forage Maize, Rape n/a 120 100 50 20
Kale n/a 160 140 80 40
Swedes and Turnips n/a 90 70 30 0
Linseed n/a 60 40 10 0
Adjustments






If actual local rainfall from 1st Oct – 1st March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
 add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Grassland Management Regimes in Residue Group 4: - 1-2 year high N leys, grazed within 2 months of ploughing out or during September or October
 - 3-5 year low N leys², not grazed within 2 months of ploughing out or during September or October
  - Thick permanent grass, low N

 Predominant Soil Type in Field
Planned crop Standard yield(t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty
Spring Barley 5.5 110 90 40 10
Winter Barley 6.5 170 140 80 40
Spring Wheat 7.0 130 110 60 20
Winter Wheat 8.0 180 160 100 40
Spring Oats 5.0 80 60 10 0
Winter Oats 6.0 130 100 50 10
Spring Oilseed Rape n/a 60 60 10 0
Winter Oilseed Rape (spring) 4.0 140 140 80 40
Winter Oilseed Rape (autumn) n/a 0 0 0 0
Potatoes n/a 205 185 145 115
Forage Maize, Rape n/a 100 80 30 0
Kale n/a 140 120 60 20
Swedes and Turnips n/a 80 60 20 0
Linseed n/a 10 0 0 0
Adjustments






If actual local rainfall from 1st Oct – 1st March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
 add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Grassland Management Regimes in Residue Group 5: - 3 - 5 year high N leys, not grazed within 2 months of ploughing out or during September or October
 - 3 - 5 year low N leys, grazed within 2 months of ploughing out or during September or October
  - Permanent grass, high N, not grazed within 2 months of ploughing out or during September or October
 Predominant Soil Type in Field
Planned crop Standard yield(t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty
Spring Barley 5.5 80 60 10 0
Winter Barley 6.5 140 110 50 10
Spring Wheat 7.0 100 80 30 0
Winter Wheat 8.0 150 130 70 10
Spring Oats 5.0 50 30 0 0
Winter Oats 6.0 100 70 20 0
Spring Oilseed Rape n/a 30 30 0 0
Winter Oilseed Rape (spring) 4.0 110 110 50 0
Winter Oilseed Rape (autumn) n/a 0 0 0 0
Potatoes n/a 175 155 135 105
Forage Maize, Rape n/a 70 50 0 0
Kale n/a 110 90 30 0
Swedes and Turnips n/a 70 50 10 0
Linseed n/a 10 0 0 0
Adjustments






If actual local rainfall from 1st Oct – 1st March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
 add 10kgN/ha to crops grown in other mineral, humose and peaty soils
Management Regimes in Residue Group 6: - 3 -5 year high N leys, grazed within 2 months of ploughing out
 - permanent grass, high N, grazed within 2 months of ploughing out
 Predominant Soil Type in Field
Planned crop Standard yield(t/ha) Sand or shallow Sandy loam or other mineral Humose Peaty
Spring Barley 5.5 40 20 0 0
Winter Barley 6.5 100 70 10 0
Spring Wheat 7.0 70 0 0 0
Winter Wheat 8.0 110 90 30 0
Spring Oats 5.0 10 0 0 0
Winter Oats 6.0 60 30 0 0
Spring Oilseed Rape n/a 0 0 0 0
Winter Oilseed Rape (spring) 4.0 70 70 10 0
Winter Oilseed Rape (autumn) n/a 0 0 0 0
Potatoes n/a 135 115 115 115
Forage Maize, Rape n/a 30 10 0 0
Kale n/a 70 50 0 0
Swedes and Turnips n/a 50 30 0 0
Linseed n/a 0 0 0 0
Adjustments






If actual local rainfall from 1 Oct – 1 March exceeds 450 mm: add 20kgN/ha to crops grown in sandy, shallow or sandy loam soils
 add 10kgN/ha to crops grown in other mineral, humose and peaty soils”.
(3) For Table 4, Part C, substitute—“
PART C

 Autumn Winter Spring Summer use on Grassland
August-October November-January Feb - April 
Manure Type DryMatter% RefNo. Incorporation time/method Total N(kg/t) SandsSandy LoamsShallow All other soils SandsSandy LoamsShallow All other soils AllSoils 
Cattle slurry – Surface applied 2 12 Not incorporated 1.6 20 30 (35) 30 30 45 30
Cattle slurry – Surface applied 6 13 Not incorporated 2.6 20 25 (30) 25 25 35 25
Cattle slurry – Surface applied 10 14 Not incorporated 3.6 20 20 (25) 20 20 25 20
Cattle slurry – ploughed in 2 15 Within 6 hrs 1.6 20 35 (40) 30 35 50 N/A
Cattle slurry – ploughed in 6 16 Within 6 hrs 2.6 20 30 (35) 25 30 40 N/A
Cattle slurry – ploughed in 10 17 Within 6 hrs 3.6 20 25 (30) 20 25 30 N/A
Cattle slurry – Band-spread 2 18 Band-spread 1.6 20 30 (35) 30 30 50 40
Cattle slurry – Band-spread 6 19 Band-spread 2.6 20 25 (30) 25 25 40 30
Cattle slurry – Band-spread 10 20 Band-spread 3.6 20 20 (25) 20 20 30 25
Cattle slurry – shallow injected 2 21 Shallow injected 1.6 20 30 (35) 35 35 55 45
Cattle slurry – shallow injected 6 22 Shallow injected 2.6 20 25 (30) 30 30 45 35
Cattle slurry – shallow injected 10 23 Shallow injected 3.6 20 20 (25) 25 25 35 30
Separated – Strainer box * 24 Select from above 1.5 *Use the appropriate values for 2% dry matter cattle slurry
Separated – Weeping wall * 25 2
Separated – Mechanical * 26 3
Dirty Water 0.5 27 Not incorporated 0.5 20 35 (40) 35 35 50 30
Pig slurry – surface applied 2 28 Not incorporated 3.0 25 35 (40) 40 40 55 55
Pig slurry – surface applied 4 29 Not incorporated 3.6 25 30 (35) 35 35 50 50
Pig slurry – surface applied 6 30 Not incorporated 4.4 25 25 (30) 30 30 45 45
Pig slurry – ploughed in 2 31 Within 6 hrs 3.0 25 45 (50) 35 50 65 N/A
Pig slurry – ploughed in 4 32 Within 6 hrs 3.6 25 40 (45) 30 45 60 N/A
Pig slurry – ploughed in 6 33 Within 6 hrs 4.4 25 40 (45) 30 40 55 N/A
Pig slurry – Band-spread 2 34 Band-spread 3.0 25 35 (40) 40 40 60 60
Pig slurry – Band-spread 4 35 Band-spread 3.6 25 35 (40) 35 35 55 55
Pig slurry – Band-spread 6 36 Band-spread 4.4 25 30 (35) 35 35 50 50
Pig slurry - shallow injected 2 37 Shallow injected 3.0 25 40 (45) 45 45 65 65
Pig slurry - shallow injected 4 38 Shallow injected 3.6 25 35 (40) 40 40 60 60
Pig slurry - shallow injected 6 39 Shallow injected 4.4 25 35 (40) 40 40 55 55
Mechanical separator ** 40 Select from above 3.6 **Use the appropriate value for 2% dry matter pig slurry”
10 
Regulation 3 of the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008 is revoked.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
17th December 2009