Rural Development (Financial Assistance) Regulations (Northern Ireland) 2008

Interpretation

2.—(1) In these Regulations—

• “accountable body” means a body administering rural development payments which relate to the measures in Article 63 of Council Regulation 1698/2005(1), which may be—

  (a)

  an administrative and financial lead actor selected by a local action group in accordance with Article 62(2) of Council Regulation 1698/2005; or

  (b)

  a local action group whose structure and constitution meet the requirements specified in that Article;

• “agent” means a person authorised in writing by the Department for the purposes of these Regulations;

• “application” means an application made pursuant to regulation 4;

• “approved operation” means an operation approved by the Department or an agent under regulation 5;

• “authorisation”, in relation to an agent or accountable body, means an authorisation in writing under this regulation;

• “authorised person” means a person authorised by the Department, either generally or specifically, to act in relation to matters arising under these Regulations and includes any official of the Commission who accompanies such an authorised person;

• “beneficiary” means—

  (a)

  a person who has applied for and been granted approval for an operation, and

  (b)

  in relation to any time after financial assistance has been paid in connection with the approval, the person to whom the financial assistance has been paid;

• “Commission Regulation 1974/2006” means Commission Regulation (EC) No. 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(2);

• “Commission Regulation 1975/2006” means Commission Regulation (EC) No. 1975/2006 laying down detailed rules for the implementation of Council Regulation (EC) No. 1698/2005 as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures(3);

• “the Commission” means the Commission of the European Communities;

• “Community assistance” means assistance pursuant to Articles 52 and 63 of Council Regulation 1698/2005;

• “the Community legislation” means the instruments listed in the Schedule;

• “the Council Regulation” means Council Regulation (EC) No. 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(4);

• “the Department” means the Department of Agriculture and Rural Development;

• “electronic communication” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001(5);

• “financial assistance” means an amount paid or payable under these Regulations;

• “operation” means an investment, plan, project or action which is the subject of an application;

• “local action group” means a group which has been selected to implement a local development strategy in accordance with Article 37 of Commission Regulation 1974/2006;

• “Rural Development Programme” means the Northern Ireland Rural Development Programme submitted by the United Kingdom to the European Commission in accordance with Article 18 of the Council Regulation, as approved by Commission Decision C(2007) 4411 of 27 September 2007(6).

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.

(3) Other expressions used in these Regulations which are also used in the Council Regulation or Commission Regulations 1774/2005 and 1975/2006 shall be construed in accordance with the appropriate Regulation.

(4) A reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(5) The Interpretation Act (Northern Ireland) 1954(7), except section 20(2) and (3), shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

O.J. No. L277, 21.10.2005, p. 1, to which there are amendments not relevant to these Regulations

(2)

O.J. No. L368, 23.12.2006, p. 15

(3)

O.J. No. L368, 23.12.2006, p. 74

(4)

O.J. No. L277, 21.10.2005, p. 1

(5)

2001 c. 9

(6)

CCI No. 2007/UKO6RPO002. Copies of the Northern Ireland Rural Development Programme may be downloaded from http://www.dardni.gov.uk/index/publications/pubs-dard-rural-development/nirdp-2007-13-approved-programme.htm.

(7)

1954 c. 33 (N.I.)