
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 in paragraph (1) 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