UK Offence Report

The Highlands and Islands Agricultural Programme Regulations 1994

UK Statutory Instrument 1994 No. 3096 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
5 December 1994
In force from
30 December 1994
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 lay down measures necessary to implement Council Regulation (EEC) No.4256/88 laying down provisions for implementing Council Regulation (EEC) No.2052/88 as amended by Council Regulation (EEC) No.2085/93 as regards the European Agricultural Guidance and Guarantee Fund (EAGGF) Guidance Section and enable financial assistance to be received from that Section under an approved measure contained in the Single Programming Document (SPD) for the Highlands and Islands Objective 1 area approved by the EC Commission on 29th July 1994. Article 1 of Council Regulation (EEC) No.2052/88 as amended by Council Regulation (EEC) No.2081/93 requires the Struct`ural Funds to support the achievement of objectives set out in Articles 130a and 130c of the EC Treaty by contributing to the attainment of certain priority objectives, one of which is the promotion of the development and structural adjustment of regions whose development is lagging behind (Objective 1). Article 8 sets out those regions covered by Objective 1 and includes the Highlands and Islands Enterprise area being the area of Scotland comprising— a Highland Region; Western Isles Islands area; Orkney Islands area; Shetland Islands area; Argyll and Bute district; Arran, Cumbrae and Little Cumbrae in Cunninghame District; and b in Moray District, the Parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes and requires that a regional development plan be submitted to the EC Commission for appraisal to ensure that the plan is consistent with the objectives of the Council Regulations. Council Regulation (EEC) No.4253/88 lays down provisions for implementing Council Regulation (EEC) No.2052/88 as regards co-ordination of the activities of the different Structural Funds etc. as amended by Council Regulation (EEC) No.2082/93. Article 14 deals with applications for assistance from the Structural Funds. The Regulations provide for financial assistance to be given towards the cost of farm development measures, and environmental enhancement measures specified respectively in Part A and B of the Schedule coming within the Agricultural Business Improvement Scheme, where it is clear that the payment will help to achieve the objective of improving the income generating potential of those employed in agriculture, maintaining rural employment and enhancing the environment. To benefit from financial assistance an eligible person must first submit to the Secretary of State for approval an application to undertake a resource audit and business assessment of the farm business (regulation 4). An eligible person who has had a resource audit and business assessment undertaken must then submit to the Secretary of State an application for approval (regulation 5). The application must indicate that the measure is being undertaken by an eligible person, that it is on an agricultural unit within the Objective area and that the measure is identified in the resource audit and business assessment as a priority for investment, and provide a statement of the specific benefits which the proposed measure will achieve. The Regulations also— a impose certain restrictions on the approval of the application (regulation 6); b allow variation of the approval (regulation 7); c set out the measures on which financial assistance can be given, the amount of financial assistance available, the maximum limits of financial assistance and provide for the payment thereof (regulation 8); d provide for how financial assistance may be claimed (regulation 9); e provide for the Secretary of State to determine the manner and timing of payment of the approved financial assistance (regulation 10); f confer a power of entry and inspection (regulation 11); g provide for the revocation of approval and the recovery of financial assistance paid (regulation 12); and h create an offence punishable on summary conviction of knowingly or recklessly making a false statement to obtain financial assistance (regulation 13).

Offences created by this instrument

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