The Areas of Natural Constraint Regulations (Northern Ireland) 2016

Northern Ireland Statutory Rule 2016 No. 15 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 22 January 2016
In force from: 1 March 2016
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 provide a domestic legal framework for the implementation of Article 31 of Regulation (EU) No. 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development and specifically the payment of an ANC allowance. These Regulations also provide for the implementation of Measure 13 of the Northern Ireland Rural Development Programme 2014-2020 approved on 25 August 2015 by Commission Decision CCI: 2014UK06RDRP002. The Regulations define the conditions of eligibility for an ANC allowance (regulations 3 to 5) and the rate at which it is to be paid (regulation 6 and Schedule 2). Regulation 7 provides for the exclusion of forage area in respect of claimants who had dairy cows on their holding in the minimum grazing period (1 April to 31 October 2015). Regulation 8 sets the maximum time (90 days) which beneficiaries have to notify the Department of a transfer of a holding. Regulations 9 and 10 grant the Department power to withhold or recover payments and take certain other action in the event of a breach under these Regulations and in certain other circumstances. Regulation 11 sets out how interest to be charged on amount owed to the Department will be calculated. Regulation 12 allows for payments owed to the Department by beneficiaries to be treated by the Department as debt. Regulation 13 provides for debts owed to the Department to be deducted from future payments to that beneficiary. Regulation 14 provides the powers of entry to land and premises for the purpose of enforcing these regulations to persons authorised by the Department. Regulation 15 sets out the powers of inspection of such authorised persons. Regulations 16 and 17 make it an offence to obstruct, fail to provide information without reasonable cause or furnish false or misleading information to a person acting to implement these Regulations and establishes the penalties which may be imposed.

Offences created by this instrument

It is an offence for any person to— a intentionally obstruct any person acting in the execution of these Regulations;… regulation 16(1) · Status not determined · Requires proof of a state of mind
If an offence under regulation 16 committed by a body corporate is proved— a to have been committed with the consent… regulation 17(4) · Status not determined · Mixed — some elements strict, some not
If an offence under regulation 16 committed by a partnership is proved— a to have been committed with the consent or… regulation 17(6) · Status not determined · Mixed — some elements strict, some not
If an offence under regulation 16 committed by an unincorporated association is proved— a to have been committed with… regulation 17(7) · Status not determined · Mixed — some elements strict, some not

What Parliament said about it

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.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2016