UK Offence Report

The Highlands and Islands Rural Enterprise Programme Regulations 1991

UK Statutory Instrument 1991 No. 780 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
19 March 1991
In force from
11 April 1991
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, whichcomeintoforceon 11th April 1991, laydown measuresnecessary to implement Council Regulation (EEC) No 4256/88 (OJ No L374, 31.12.88, p.25) laying downprovisionsforthe implementingof Council Regulation (EEC)No 2052/88 (OJ No L185, 15.7.88, p.9) as regards the European Agricultural Guidance and Guarantee Fund Guidance Section and to enable financial assistance to be received from that Section under an approved operational programme designed to promote the development of the rural economy in the programme area being the area of Scotland comprising— a the Highland Region, Western Isles Island area; Orkney Islands area; Shetland Islands area; Argyll and Bute District; Arran, Great Cumbrae and Little Cumbrae in Cunninghame District; and b in the Moray District, the Parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes. Article 1 of Council Regulation (EEC) No. 2052/88 requires the Structural Funds to support the achievement of objectives set out in Articles 130(a) and 130(c) of the EC Treaty by contributing to the attainment of certain priority objectives, one of which is the promotion of the development of rural areas (Objective 5(b)). Article 11 requires areas to be selected. Council Regulation (EEC) No. 4253/88 (OJ No. L374, 31.12.88, p. 1) lays down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards co-ordination of the activities of the different Structural Funds etc. Article 4 deals with the selection of rural areas which may receive assistance. Council Regulation (EEC) No. 4256/88 lays down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the EAGGF Guidance Section. Article 6 provides that Fund assistance for promoting the development of rural areas in regions covered by Objective 5(b) shall in the main take the form of an operational programme. The selection of the area of the Highlands and Islands Development Board was confirmed by a Commission Decision dated 10th May 1989 (OJ No. L198,12.7.89, p. 1). An operational programme (Rural Enterprise Programme) has been submitted under Article 14 of Council Regulation (EEC) No. 4253/88 and has been approved by Commission Decision dated 18th March 1991 (OJ No. L). The Regulations provide for financial assistance to be given towards the cost of diversification measures (with the exception of certain works to be carried out on set-aside land), ancillary agricultural measures, and environmental measures specified respectively in Schedules 1, 2 and 3 coming within a business development scheme operating in a selected location in the programme area. In selecting the location the Secretary of State has to have regard to certain criteria (regulation 3). In regulation 3(2)(d) reference is made to land classified by the Macaulay Land Use Research Institute. The Macaulay Land Use Research Institute at Craigiebuckler, Aberdeen classifies land according to limitations imposed on use of the land for agriculture by physical and biological factors. The factors are - climate, gradient, soil type, wetness, erosion and vegetation. The classification system for farm land is recognised as an indication of the agricultural potentialof the land. There are 7 classifications but only classification 6 (land capable of use only as rough grazings) and classification 7 (land of very limited agricultural use) are relevant to these Regulations. To benefit from financial assistance an eligible person must submit to the Secretary of State an application for approval (regulation 4). The application must indicate that the project is on or related to the agricultural unit which must be in a location in which the business development scheme operates and that the project will not proceed without financial assistance under the business development scheme. The Regulations also— a impose certain restrictions on the approval of the application (regulation 5); b allow the variation of the approval given (regulation 6); c set out the measures on which financial assistance can be given (regulation 7); d provide for payment of financial assistance (regulation 8); e provide for financial assistance to be claimed (regulation 9); f confer a power of entry and inspection (regulation 10); g provide for the reduction or withholding of financial assistance in circumstances where it would otherwise be payable (regulation 11); h provide for the revocation of approval and the recovery of financial assistance paid (regulation 12); and i create an offence punishable on summary conviction of knowingly or recklessly making a false statement to obtain financial assistance (regulation 13).

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