The Rural Diversification Programme (Scotland) Regulations 1995

UK Statutory Instrument 1995 No. 3295 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 14 December 1995
In force from: 1 February 1996
Extent: Not stated
Subject: Miscellaneous
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, which come into force on 1st February 1996, lay down measures necessary to implement Council Regulation (EEC) No. 4256/88 laying down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the European Agricultural Guidance and Guarantee Fund (EAGGF) Guidance Section (O.J. No. L374, 31.12.88, p.25), as amended by Council Regulation (EEC) No 2085/93 (O.J. No. L193, 31.7.93, p.44). They enable financial assistance to be received from that Section under approved programmes contained in the Single Programming Documents for the four Objective 5b areas in Scotland approved by Commission Decisions of 21st April 1995 [O.J. No. ]. The Single Programming Documents include proposals for the economic diversification of the agricultural sector in those areas. Article 1 of Council Regulation (EEC) No. 2052/88 (O.J. No. L185, 15.7.88, p.9) as amended by Council Regulation (EEC) No. 2081/93 (O.J. No. L193, 31.7.93, p.5) requires the Structural Funds to support the achievement of the 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 rural development by facilitating the development and structural adjustment of rural areas (Objective 5(b)). Article 11 provides for establishment of a list of eligible areas by the Commission. Council Regulation (EEC) No. 4253/88 (O.J. No. L374, 31.12.88, p.1) as amended by Council Regulation (EEC) No. 2082/93 (O.J. No. L193, 31.7.93, p.20) 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 5 deals with the submission of rural development plans to the Commission along with other plans in the form of a single programming document for approval by decision of the Commission in accordance with Article 10. Article 14 deals with applications for assistance from the Structural Funds. Council Regulation (EEC) No. 4256/88 as amended by Council Regulation (EEC) No. 2085/93 lays down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the EAGGF Guidance Section. Article 6 provides that financial assistance for promoting the development of rural areas covered by Objective 5(b) shall in the main take the form of operational programmes. The established list of rural areas eligible under Objective 5(b) was confirmed by Commission Decision (94/197/62) of 26th January 1994 (O.J. No. L96, 14.4.94, p.1) and includes the Dumfries and Galloway and Borders Regions and parts of North and West Grampian, Rural Stirling and Upland Tayside. Schedule 1 to these Regulations details the precise areas involved. These Regulations provide for financial assistance to be given towards the cost of the diversification measures specified in Schedule 2 by an eligible person within the relevant part of the programme area (as defined in regulation 2(1)). A diversification measure must be one which will provide employment opportunities within that part or increase the income of the eligible person (regulation 4(2)(e)). “Eligible person” is defined in regulation 3(1) as meaning a legal occupier of an agricultural unit within the programme area who has been involved in agriculture on that unit for the 2 year period prior to the making of the application for assistance or any person authorised by him, or a member of his immediate family living on or adjacent to the agricultural unit. To benefit from financial assistance an eligible person must make an application for approval (regulation 4). 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 and the amount available (regulation 7 and Schedule 2); d provide for how financial assistance may be claimed (regulation 8); e provide for the Secretary of State to determine the manner, timing and conditions of payment of the approved financial assistance (regulation 9); f confer a power of entry and inspection (regulation 10); g provide for the revocation of approval and the reduction, withholding or recovery of financial assistance (regulation 11); and h create an offence punishable on summary conviction of knowingly or recklessly making a false statement to obtain financial assistance (regulation 12).

Offences created by this instrument

False statements regulation 12(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Appropriation (Northern Ireland) Order 1996 Lords · Lords Chamber · 1 March 1996 · Lord Prys-Davies
My Lords, my noble friend Lord Williams of Mostyn very much regrets that he is unable to be in his place this morning, due to a previous commitment. I should like to thank the noble Baroness, Lady Denton, for introducing the appropriation order with its range of figures, for her account of the main items of expenditure and her encouraging report on the economic background to the developments in Northern Ireland. I believe I should not be going wide of the subject we are discussing if I were to say at the outset that the explosion in Canary Wharf three weeks ago which brought the IRA…

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