UK Offence Report

The Rural Development Programmes (Wales) Regulations 2014

Welsh Statutory Instrument 2014 No. 3222 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
8 December 2014
In force from
1 January 2015
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972, Schedule 2 to, the 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 apply to the Rural Development Programmes (“programmes”), established under Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 and Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013. In Wales, these Regulations will regulate new programmes which are administered by the Welsh Ministers. These Regulations supplement the European Union legislation listed in the Schedule to the Regulations (“the EU legislation”). The provisions in the EU legislation are directly applicable and have direct effect in a member State. These Regulations provide a domestic legal framework for the operation of the EU legislation in Wales. The EU legislation provides (amongst other provisions) for assistance to be granted from the European Agricultural Fund for Rural Development towards operations which promote rural development in Wales. These Regulations provide the Welsh Ministers with the power to approve operations for the receipt of financial assistance (regulation 4) and to pay financial assistance (regulation 3). An “operation” has the meaning given to it in Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 and means a project, contract, action or group of projects selected by the managing authorities of the programmes concerned, or under their responsibility, that contributes to the objectives of a priority or priorities. The Regulations also set out the circumstances in which approval of an operation may be revoked and financial assistance paid to a beneficiary, in respect of that operation, may be withheld or recovered (regulation 10). The Regulations provide powers of entry and inspection to authorised persons in relation to premises on which an approved operation is situated or documents relating to an approved operation are held (regulations 7 and 8) (“authorised person” is defined in regulation 2). The Regulations also require beneficiaries of financial assistance to keep records relating to the approved operation for a certain period (regulation 9), to supply such information relating to the approved operations as the Welsh Ministers require (regulation 6) and to assist an authorised person in the exercise of their powers under regulation 10. Regulation 11 allows the Welsh Ministers to demand interest on sums due to them. Regulation 12 provides that sums payable to the Welsh Ministers are recoverable as a debt. The Regulations make it an offence (regulation 13) to knowingly or recklessly make false statements, intentionally obstruct an authorised person acting in the execution of these Regulations and to fail (without reasonable excuse) to keep relevant records for the required period under regulation 9 or to provide an authorised person with assistance. Regulation 14 applies to offences committed by a body corporate, partnership or other unincorporated association. Regulation 15 requires a beneficiary to give an undertaking if required to do so. In relation to the transfer of holdings to which an operation has already been approved, the period within which the transferee must inform the Welsh Ministers of the transfer and request for payment of the aid and/or support is 30 days (regulation 16). The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

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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