Horticulture (Special Payments) Act 1974

1 Payments in accordance with scheme and provisions supplemental thereto

(1) Where it appears to the appropriate authority that the growing of any kind of horticultural produce has, as a result of the United Kingdom's membership of the European Economic Community, become uneconomic for certain commercial growers of that produce, the appropriate authority may, for the purpose of assisting any commercial growers of that produce and with the approval of the Treasury, by scheme provide for the making of payments in connection with—

(a) the discontinuance of the growing of that produce; and

(b) the carrying out of operations to make land on which that produce has been grown available for other agricultural use.

(2) In this Act references to a " scheme " are references to a scheme made under this section.

(3) Without prejudice to the generality of subsection (1) above, a scheme may provide for payments to be made in such circumstances and subject to such exceptions, restrictions and conditions as may be prescribed, and in particular—

(a) may prescribe the horticultural produce and the operations in respect of which payments are to be made under the scheme;

(b) may provide for payments under the scheme to be made only to persons carrying on agricultural businesses of prescribed descriptions;

(c) may impose conditions as to the future use of any land which is at any prescribed time comprised in a business in respect of which a payment is to be made under the scheme or as to the future growing of horticultural produce by the person to whom the payment is to be made ; and any such condition may be imposed to take effect before or after payment but shall not have effect for more than five years from the date of the claim for the payment concerned ;

(d) may prescribe the amounts of any payments which may be made under the scheme and the methods by which they are to be calculated ;

(e) may restrict payments under the scheme to cases where approval has been given by the appropriate Minister in writing to proposals for the discontinuance of the growing of any prescribed horticultural produce and to cases where such approval has been given before the commencement of any prescribed operation in connection with that discontinuance ;

(f) may require applications for the approval of proposals by the appropriate Minister to be submitted, and for claims for payment to be made, at such times and in such manner as may be prescribed or, in cases for which no provision is made by the scheme, as the appropriate Minister may from time to time direct;

(g) may prescribe the period during which applications for the approval of proposals must be made and the period during which claims for payments must be made (being periods not exceeding five years and seven years respectively from the commencement of the scheme);

(h) may authorise the reduction or withholding of a payment where assistance in connection with the discontinuance of the growing of the horticultural produce or the carrying out of an operation to which the payment relates is or may be given otherwise than under the scheme;

(i) may make different provisions for different circumstances ;

(j) may contain such incidental and supplemental provisions as appear to the appropriate authority necessary or expedient for the purposes of the scheme.

(4) Any approval given by any Minister under a scheme may be given subject to such conditions as he thinks fit to impose.

(5) A scheme—

(a) may be made for any one, or jointly for any two or for all three, of the following, namely:—

(i) England and Wales ;

(ii) Scotland;

(iii) Northern Ireland;

(b) may be varied or revoked by a subsequent scheme;

(c) shall be made by statutory instrument and—

(i) shall be laid before Parliament after being made; and

(ii) shall cease to have effect (without prejudice to anything previously done thereunder or to the making of a new scheme) after the expiration of a period of 40 days beginning with the date on which it was made, unless within that period it has been approved by resolution of each House of Parliament.

In reckoning for the purposes of this paragraph any period of 40 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(6) Where the agricultural business in respect of which any payment is to be made under a scheme is carried on on land situated in England, Wales or Northern Ireland, payment shall be made by the Minister at such time, or by such instalments at such intervals or times, as the appropriate Minister may determine.

(7) Where the agricultural business in respect of which any payment is to be made under a scheme is carried on on land situated in Scotland, payment shall be made by the Secretary of State at such time, or by such instalments at such intervals or times, as he may determine.