UK Offence Report

The Rural Development (Enforcement) (England) Regulations 2007 (revoked)

UK Statutory Instrument 2007 No. 75 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
9 January 2007
In force from
12 February 2007
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 Article 74(1) of Council Regulation (EC) No. 1698/2005 (O.J. No. L277, 21.10.2005, p.1) (“the Rural Development Regulation”) and Article 9(1) of Council Regulation (EC) No. 1290/2005 (O.J. No. L209, 11.8.2005, p.1), which require Member States to adopt legislative and administrative provisions to ensure that the Community’s financial interests in relation to expenditure on rural development are effectively protected. They also implement Article 51(1) of the Rural Development Regulation, which applies the cross-compliance provisions in Articles 4 and 5 of, and Annexes III and IV to, Council Regulation (EC) No. 1782/2003 (O.J. No. L270, 21.10.2003, p.1) to certain rural development measures. Regulation 3 gives powers of entry and inspection to persons authorised by the Secretary of State, the Forestry Commission, Natural England or a Regional Development Agency, for purposes relating to rural development commitments. Regulation 4 requires certain persons to give assistance to authorised persons on request. Regulation 5 applies certain provisions of the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 (S.I. 2005/3459) in relation to rural development commitments to which Article 51(1) of the Rural Development Regulation applies. Regulation 6 gives a power to the Secretary of State to enter into arrangements with any of the bodies delivering rural development measures to pay rural development payments on their behalf. Regulation 7 makes provision for situations where land subject to a rural development commitment is transferred. Regulation 8 gives the Secretary of State, and the delivery bodies, the power to determine that a beneficiary has breached a rural development commitment or other relevant requirement, and that the beneficiary has done so recklessly or intentionally. Regulation 9 gives powers of recovery and other powers to the Secretary of State and the delivery bodies, which can be exercised where there has been a determination under regulation 8. Regulation 13 creates offences of making a false or misleading statement in order to obtain a rural development payment, obstructing an authorised person, and failing to give assistance to an authorised person. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.defra.gov.uk/erdp/rdp07_13/default.htm and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

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.

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