Fisheries and Aquaculture Structures (Grants) Regulations (Northern Ireland) 2002

Interpretation

2.—(1) In these Regulations—

“application” means an application as described in regulation 3(1);

“approval” means an approval granted under regulation 5 and includes the terms and conditions subject to which such approval has been given;

“approved operation” means a relevant operation which the Department has approved under regulation 5;

“authorised officer” means a person authorised in writing to be an officer—

(a)

for the purpose of these Regulations, by the Department, or

(b)

for the purposes of exercising any functions required by the Department of Agriculture and Rural Development under regulation 11 to be exercised by it, by the Authority, and includes any duly appointed official of the Commission who accompanies such an authorised officer;

“the Authority” means the Sea Fish Industry Authority;

“beneficiaries” means applicants whose applications have been approved;

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

“Community aid” means aid towards eligible expenditure available from the Financial Instrument for Fisheries Guidance and payable in accordance with the Community legislation;

“Community fishing vessel” has the meaning given to it in article 3 of Council Regulation (EEC) No. 3760/92 establishing a Community system for fisheries and aquaculture(1);

“the Community legislation” means—

(a)

Council Regulation 1260/1999;

(b)

Council Regulation (EC) No. 1263/1999 on the Financial Instrument for Fisheries Guidance(2);

(c)

Council Regulation 2792/1999;

(d)

Commission Decision (EC) No. 1999/501 of 1st July 1999 fixing an indicative allocation by Member State of the commitment appropriations for Objective 1 of the Structural Funds for the period 2000 to 2006(3);

(e)

Commission Decision (EC) No. 1999/502 of 1st July 1999 drawing up the list of regions covered by Objective 1 of the Structural Funds for the period 2000 to 2006(4);

(f)

Commission Regulation (EC) No. 1685/2000 laying down detailed rules for the implementation of Council Regulation (EC) 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds(5);

(g)

Commission Decision No. C (2001) 637 of 22nd March 2001 approving the operational programme forming part of the Community Support Framework for Community structural assistance in the region of Northern Ireland qualifying for transitional support under Objective 1 in the United Kingdom;

(h)

Commission Regulation EC 448/2001 of 2nd March 2001 laying down detailed rules for the application of Council Regulation (EC) No. 1260/1999 regarding the procedure for making financial corrections of assistance granted under the Structural Funds(6);

(i)

Commission Regulation (EC) No. 438/2001 laying down detailed rules for the application of Council Regulation (EC) No. 1260/1999 regarding the management and control systems for assistance granted under the Structural Funds and regarding the form and content of the accounting information that the Member States must hold at the disposal of the Commission for the purposes of checking Structural Funds accounts(7);

“Council Regulation 1260/1999” means Council Regulation (EC) No. 1260/1999 laying down general provisions on the Structural Funds(8);

“Council Regulation 2792/1999” means Council Regulation (EC) No. 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(9);

“the Department” means—

(a)

in the case of a relevant operation which is an investment, project or action in respect of aquaculture in inland waters, the Department of Culture, Arts and Leisure;

(b)

in the case of all other relevant operations, the Department of Agriculture and Rural Development;

“eligible expenditure” means expenditure which is incurred or to be incurred in connection with an approved operation and which the Department has approved for the purpose of receiving financial assistance under regulation 5;

“financial assistance” means any amount by way of grant or Community aid;

“grant” means a grant towards eligible expenditure payable under these Regulations in addition to any Community aid;

“LIBOR” in relation to any particular day of the month, means the rate of interest per centum notified to the Department by the Bank of England on the first working day of that month, rounded if necessary to two decimal points;

“relevant conditions” means any conditions relating to the approval of an application or the making of a payment of any financial assistance which have been notified to a beneficiary under regulation 5(3)(b) or 7;

“relevant documents” means any invoice, amount, account, drawing, plan, technical specification or other document relating to the approved operation;

“relevant equipment” means any plant, machinery or other equipment for which financial assistance has been claimed or paid;

“relevant operation” means an investment, project or action which is eligible for Community aid;

“works” means any construction, harbour or other building works, whether completed or not, for which financial assistance has been claimed or paid.

(2) Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Community legislation.

(3) Any reference in these Regulations to the doing of anything which under any regulation is required to be or may be done or evidenced in writing or otherwise using a document, notice or instrument shall, be regarded as including by electronic means where arrangements have been made by the Department to enable or provide for electronic means to be used.

(4) The Interpretation Act (Northern Ireland) 1954(10), 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. L389, 31.12.92, p. 1

(2)

O.J. No. L161, 26.6.1999, p. 54

(3)

O.J. No. L194, 27.7.1999, p. 49

(4)

O.J. No. L194, 27.7.2000, p. 53

(5)

O.J. No. L193, 29.7.2000, p. 39

(6)

O.J. No. L64, 6.3.2001, p. 13

(7)

O.J. No. L63, 3.3.2001, p. 21

(8)

O.J. No. L161, 26.6.1999, p. 1

(9)

O.J. No. L337, 30.12.1999, p. 10

(10)

1954 c. 33 (N.I.)