UK Offence Report

The Farm and Conservation Grant Regulations 1989

UK Statutory Instrument 1989 No. 219 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
19 February 1989
In force from
20 February 1989
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 implement provisions in Title 1 of Council Regulation (EEC) No. 797/85 (OJ No. L93, 30.3.85, p. 1) on improving the efficiency of agricultural structures, as amended by Council Regulation (EEC) No. 1760/87 (OJ No. L167, 26.6.87, p. 1) and Council Regulation (EEC) No. 1137/88 (OJ No. L108, 29.4.88, p. 1), and Article 1 of Council Directive No. 75/268/EEC (OJ No. L128, 19.5.75, p.1) on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Regulation (EEC) No. 797/85. The Regulations, which apply to Great Britain, make provision for aid for agricultural businesses in the form of grants in respect of expenditure of a capital nature incurred in pursuance of approved improvement plans (regulation 9). The works, facilities or transactions eligible for grant and the rates of grant applicable to them are set out (regulation 10 and Schedules 1 and 2). Higher rates of grant may be payable for agricultural businesses in the Isles of Scilly (regulation 10(3) and Schedule 2) or in other less-favoured areas (regulation 10(2) and (7) and Schedule 1) or for businesses carried on by young farmers or by partnerships in which young farmers are partners (regulation 10(4) to (6)). Less-favoured areas are defined by reference to designated maps which are available for inspection during normal office hours at the addresses specified in the definition of designated maps (regulation 2(1)). Copies of the maps may be inspected during normal office hours at any Regional or Divisional Office of the Ministry of Agriculture, Fisheries and Food, at any Divisional Office of the Welsh Office Agriculture Department or at any Area Office of the Department of Agriculture and Fisheries for Scotland. The classes of person and type of agricultural business which may benefit from grant-aid are defined (regulations 3 and 4). To benefit from assistance an applicant must submit an improvement plan for approval by the appropriate Minister (regulation 5). The plan must show that its completion will bring about a lasting and substantial improvement of the situation of the business and its economy, especially the income per labour unit required in carrying on the business (regulation 6(1)). The Regulations also– a impose certain restrictions on approval of improvement plans (regulation 6(2) to (7)); b provide for the variation and withdrawal of plans (regulation 8); c provide for standard costs (regulation 13); d provide for the reduction or withholding of grant in certain circumstances where it would otherwise be payable (regulation 15) and for the recovery of grant paid (regulation 16); e create an offence, punishable on summary conviction with a fine not exceeding level 5 on the standard scale (currently £2,000), of knowingly or recklessly making a false statement to obtain grant (regulation 17); f confer rights of entry (regulation 18); g set a closing date of 31st December 1994 for receipt of applications for approval of improvement plans (regulation 7); h set closing dates for receipt of claims for certain grants (regulation 12(2)) and for incurring certain expenditure (regulation 12(3)). Amendments are also made to the Agriculture Improvement Regulations 1985 being earlier Regulations relating to improving agricultural structures. A closing date of 19th February 1989 is introduced for receipt of applications for the approval of an improvement plan under those Regulations which includes only proposed expenditure in the Isles of Scilly relating to any of the items in Schedule 2 to those Regulations (regulation 19(a)(ii)). The provision, installation or replacement of heating systems in durable plastic-clad structures for horticultural produce is now eligible for grant (regulation 19(c)). Plans submitted for approval including proposed expenditure on such heating systems or glasshouse heating systems or heated glasshouses may now also include expenditure on incidental works and plan preparation charges (regulation 19(a)(i)). A minor amendment is also made to the application of the closing date for certain claims in relation to expenditure on incidental works (regulation 19(b)).

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