Organic Farming (Conversion of Animal Housing) Scheme (Northern Ireland) 2003

Interpretation

2.  In this Scheme –

“the 1987 Order” means the Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987;

“application” means an application under Article 5;

“certificate of registration” means a certificate issued by an inspection authority in respect of an organic parcel specifying the conversion period, which applies in relation to that organic parcel, or the date on which that conversion period begins; and for this purpose a certificate so issued is issued “in respect of” an organic parcel if it relates to that organic parcel, whether or not it also relates to any other organic parcel;

“conversion”, in relation to an organic parcel, means the conversion of that organic parcel to being fully organic;

“conversion period”, in relation to an organic parcel, means the period determined by the inspection authority as the period in which the conversion of that organic parcel is expected to be completed;

“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs(1) as last amended by Commission Regulation (EC) No. 599/2003(2);

“designated map” means the map marked “map of less favoured farming areas in Northern Ireland”, dated 8th May 1991, signed by the Secretary of State and deposited at the Offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB;

“fully organic”, in relation to an organic parcel, means that –

(a)

the inspection authority is satisfied that the conversion of that organic parcel is completed; and

(b)

notification having been given under Article 8 of Council Regulation 2092/91, details of such organic parcel have appeared in the list referred to in that Article;

“grant” means grant under this Scheme;

“grant-aided expenditure” means expenditure in respect of which a grant is payable under this Scheme;

“grazing year”, in relation to an applicant, means any period of twelve months beginning with the date on which his application is received by the Department or any anniversary of the date on which his application is received by the Department;

“holding” means all the production units managed by an applicant;

“inspection authority”, in relation to an organic farm, means –

(a)

the authority designated by the Organic Products Regulations 1992(3) for the purposes of Article 9 of Council Regulation 2092/91, or

(b)

a private inspection body approved by that authority in accordance with Article 9 of that Regulation (which concerns the inspection system to which organic farming is subject),

being the authority or private inspection body to whom the applicant has applied to carry out inspection functions in relation to that organic farm;

“land” means land which is used for agriculture;

“landlord”, in relation to the tenant of a holding, means any person who either solely or jointly owns, or has a superior tenancy of, that holding and “immediate landlord” means the landlord from whose title (or, as the case may be, joint title) the tenant directly derives his title;

“less favoured areas” means all that land coloured blue or pink on the designated map;

“livestock” means any animal or fowl kept for the production of food, wool or skins or for the breeding of any animal for any such purpose;

“livestock undergoing conversion” means livestock which are identified in a plan approved by an inspection authority as being in the process of being converted into organic livestock, and which fully conform to those UKROFS standards which apply in relation to the organic farming of livestock undergoing conversion;

“organic farm” means an agricultural business that is engaged in organic farming;

“organic farming” means farming by organic farming methods;

“organic livestock” means livestock that are identified in a plan approved by an inspection authority as being livestock that fully conform to those UKROFS standards which apply in relation to the organic farming of livestock;

“organic parcel” means an area of land which comprises the whole or part of an organic unit and which is identified in a plan approved by an inspection authority by reference to such system of field numbering as the Department may direct;

“organic unit” means an area of land which comprises the whole or part of a holding and which has been established as an organic unit in accordance with Annex III to Council Regulation 2092/91;

“owner” means the person who owns the fee simple of the holding;

“specified period”, in relation to an applicant, means the period beginning with the date of receipt of his application by the Department and ending on the expiry of the period of five years from the date on which the last payment of grant is made to him pursuant to his application;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954(4);

“tenant” means an applicant who occupies a holding or part of a holding under a contract of tenancy for a fixed term of years of which at least 5 years remains unexpired at the date of his application;

“UKROFS standards” means the standards for organic farming of the United Kingdom Register of Organic Food Standards published in January 1999 by the Ministry of Agriculture, Fisheries and Food and known as the UKROFS Standards for Organic Food Production and the additional standards published in August 2000 by the Ministry of Agriculture, Fisheries and Food and known as the UKROFS Standards for Organic Food Production – Standards for Organic Livestock and Organic Livestock Products.

(1)

O.J. No. L198, 22.7.91, p. 1

(2)

O.J. No. L85, 2.4.2003, p. 15

(3)

S.I. 1992/2111, the relevant amending instrument is S.I. 1994/2286

(4)

1954 c. 33 (N.I.); section 1(f) was amended by S.I. 1999/663