UK Offence Report

Fisheries and Aquaculture Structures (Grants) Regulations (Northern Ireland) 2002 (revoked)

Northern Ireland Statutory Rule 2002 No. 6 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
10 January 2002
In force from
25 February 2002
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 supplement the Community legislation as defined and listed in regulation 2 (“the Community legislation”). The Community legislation provides, inter alia for assistance (“Community aid”) to be paid from the Financial Instrument for Fisheries Guidance (“FIFG”) in respect of certain categories of investments, projects and actions (“relevant operations”) in the fisheries and aquaculture sector and the industry sector processing and marketing its products. These Regulations provide for and regulate the payment of grants and Community aid by the Department of Agriculture and Rural Development and the Department of Culture, Arts and Leisure towards expenditure in respect of relevant operations. The grants and Community aid are payable by the Department of Culture, Arts and Leisure in the case of aquaculture investments in inland waters and by the Department of Agriculture and Rural Development in the case of all other relevant operations approved in accordance with these Regulations and the Community legislation. The Regulations (regulations 3, 4 and 5) lay down a procedure for applications for approval of relevant operations and expenditure to be made and approved for the purpose of the payment of Community aid and, if the relevant Department so determines, grant in addition to that aid (such aid and grant being together referred to as “financial assistance”). In determining whether to pay grant in addition to Community aid and, if it determines to pay such grant, the amount thereof, the relevant Department is required to have regard to the requirements of the Community legislation (regulation 3). Among other things Community legislation requires a certain level of financial participation by Member States to enable relevant operations to qualify for Community aid, the requisite levels of participation being set out in Annex IV to Council Regulation (EEC) No. 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (O.J. No. L337, 30.12.1999, p. 10). Payment of financial assistance is dependent on the provision of satisfactory evidence of the expenditure incurred and of the proper execution of the relevant operation (regulation 6). Provision is made concerning the method of payment of financial assistance (regulation 7) and the relevant Department may require undertakings to be given by a person whose application is approved (regulation 8). Provision is made (regulation 9) for persons whose applications for financial assistance have been approved (“beneficiaries”) to supply to the relevant Department such information as it may from time to time reasonably require and (under regulation 10) for them to retain certain records for a period of six years (which period may be extended by the relevant Department). Provision is made for the Department of Agriculture and Rural Development to require the Sea Fish Industry Authority (the “Authority”) from time to time to exercise any of the Department’s functions under these Regulations and in relation to the keeping of accounts and records by the Authority where it has made or received payments in the exercise of any such functions (regulation 11). Applicants and beneficiaries are required, on request, to give assistance to authorised officers of the relevant Department or the Authority who are given powers of entry and inspection for specified purposes (regulations 12 to 14) and provision is made for the reduction, withholding and recovery, in certain circumstances, of financial assistance (regulations 15 and 16). The Regulations (regulations 17 and 18) create and make provision in connection with the prosecution of offences in respect of false statements made to obtain financial assistance, in respect of failure to keep records or provide information reasonably requested by the relevant Department, in respect of the failure to comply with requests made by authorised officers in exercise of their powers of entry and inspection and in respect of the obstruction of such officers in the exercise of those powers. Penalties are prescribed for such offences (regulation 17). A copy of the Northern Ireland Programme for Building Sustainable Prosperity together with Commission Decision No. C (2001) 637 approving it is available for inspection at Fisheries Division, Annex 5, Castle Grounds, Stormont Estate, Belfast BT4 3PW.

Offences created by this instrument

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Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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