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Farm Modernisation Programme Regulations (Northern Ireland) 2008

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Approval of operations

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5.—(1) Subject to paragraph (2) the Department or an agent may approve in whole or in part expenditure in connection with an operation for which an application has been made.

(2) The Department or an agent shall not approve expenditure unless it is satisfied that the operation to which it relates is eligible for Community support.

(3) Approval may be given subject to such conditions as the Department or an agent may determine.

(4) Where the Department or an agent refuses approval for an operation under paragraph (1) it shall—

(a)give the applicant its decision in writing with a statement of its reasons;

(b)give that applicant an opportunity to make written representations within such time as the Department or, as the case may be, the agent considers reasonable; and

(c)consider any such representations.

(5) Subject to paragraph (6) the Department or an agent may vary any approval granted under this regulation.

(6) The Department or an agent shall only vary an approval granted under this regulation pursuant to a request in writing from the beneficiary to do so, or in any other case after—

(a)giving the beneficiary notice in writing that it proposes to do so together with a statement of its reasons;

(b)giving the beneficiary an opportunity to make written representations within such time as the Department or, as the case may be, the agent considers reasonable; and

(c)considering any such representations.

(7) An approval or variation under this regulation shall be in writing.

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