Statutory Instruments
AGRICULTURE
Made
27th September 1973
Laid before Parliament
5th October 1973
Coming into Operation
29th October 1973
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the Common Agricultural Policy of the European Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all their other enabling powers, hereby make the following regulations:—
1. These regulations, which may be cited as the Dairy Herd Conversion Premium Regulations 1973, shall apply throughout the United Kingdom, and shall come into operation on 29th October 1973.
2.—(1) In these regulations, unless the context otherwise requires—
“authorised officer” means
in relation to England and Wales, an authorised officer of the Minister,
in relation to Scotland, an authorised officer of the Secretary of State, and
in relation to Northern Ireland, an authorised officer of the Ministry of Agriculture for Northern Ireland,
acting in each case on behalf of the competent authority in connection with the discharge of the authority's functions under the Regulation of the Council, the Regulation of the Commission and these regulations;
“the competent authority”
“the Minister” means
“the Regulation of the Council” means
“the Regulation of the Commission” means
(2) Other expressions used in these regulations have, in so far as the context admits, the same meanings as in the Regulation of the Council and in the Regulation of the Commission.
(3) The Interpretation Act 1889 applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
3. For the purposes of the Regulation of the Council and of the Regulation of the Commission (which together lay down a scheme for the payment of premiums to producers for the conversion of dairy herds to meat production), the competent authority shall be—
(a)in relation to England and Northern Ireland, and in relation to Wales for the purpose of the making, receipt or recovery of any payment, the Minister;
(b)in relation to Wales, save for the purpose of the making, receipt or recovery of any payment, the Minister and the Secretary of State for Wales acting jointly;
(c)in relation to Scotland, the Secretary of State for Scotland.
4. The reference date referred to in Article 2(1) of the Regulation of the Council and Article 2(2)(a) of the Regulation of the Commission shall be 4th June 1973.
5.—(1) Where a producer has applied for the payment of a premium under Article 1 of the Regulation of the Council, or has given an undertaking under Article 3(1) thereof, or where the successor of a producer has given an undertaking under Article 11 of that Regulation, an authorised officer may enter on any land occupied by that producer or successor, or otherwise used by him for the keeping of cattle or sheep, and may—
(a)inspect and count any cattle or sheep kept by the producer or successor on such land; and
(b)require the producer or successor to furnish for inspection any bill, account, voucher or record in his possession or under his control relating to the numbers of cattle or sheep kept, or formerly kept, by him, or relating to transactions carried out by him, or in respect of which he has or has an interest, concerning cattle or sheep, or milk or milk products.
(2) In exercising the power conferred on him by the preceding paragraph, an authorised officer shall be entitled to take on to the land such other persons as may be necessary for the purpose of inspecting and counting animals, and in relation to the inspection of documents, he shall be entitled to make such copies thereof, or take such extracts therefrom, as he may think fit.
(3) The producer or successor, and any other person in charge of animals on the land, shall render all reasonable assistance to an authorised officer to enable him to exercise the powers conferred on him by paragraph (1) of this regulation.
6.—(1) Where any person—
(a)with a view to obtaining the payment to himself or to any other person of a premium payable under the Regulation of the Council—
(i)makes any statement which is untrue or misleading in a material respect, or
(ii)furnishes to the competent authority any inaccurate information, or
(b)having given an undertaking under Article 3(1) or Article 11 of the Regulation of the Council, fails in any way to comply therewith, or
(c)in an appropriate case, fails to satisfy the competent authority with regard to the matters referred to in Article 3(2) of the Regulation of the Council,
the competent authority shall be entitled to recover on demand as a civil debt the whole or any part of any premium paid to him or to any other person.
(2) Where a beneficiary ceases farming in accordance with the provisions of Council Directive No. 72/160/EEC of 17th April 1972(2) (which formulates measures designed to encourage the cessation of farming and the reallocation of utilised agricultural areas for the purposes of structural improvement), the competent authority shall be entitled to recover from him on demand as a civil debt the amount of any premiums paid to him under the Regulation of the Council during the nine months immediately preceding the date on which his request to cease farming was made under that Directive.
7. Any person who—
(a)knowingly or recklessly makes a false statement for the purpose of obtaining the payment to himself or to any other person of a premium payable under the Regulation of the Council, or
(b)obstructs an authorised officer in the exercise of the powers conferred on him by regulation 5 of these regulations, or fails to furnish to such an officer on request any document referred to in paragraph (1)(b) of that regulation,
shall be liable on summary conviction to a fine not exceeding £400.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th September 1973.
L.S.
Joseph Godber
Minister of Agriculture, Fisheries and Food
Gordon Campbell
Secretary of State for Scotland
24th September 1973
Peter Thomas
Secretary of State for Wales
27th September 1973
Under Regulation (EEC) No. 1353/73 of the Council of Ministers of the European Communities dated 15th May 1973, as supplemented by Regulation (EEC) No. 1821/73 of the Commission dated 5th July 1973, the details of a scheme are laid down, the purpose of which is to encourage farmers at present engaged in producing and supplying milk or milk products to switch to the production of meat.
The present Regulations make provision for those matters which are left to Member States by the scheme, and which are necessary for its proper implementation in the United Kingdom. They accordingly appoint the “competent authority” which will be responsible for administering the scheme in the various parts of the United Kingdom, and they fix 4th June 1973 as the date by reference to which, among other things, the number of units of bovine animals to be kept by an applicant is to be determined.
The Regulations also provide for powers of entry on to land by authorised officers acting on behalf of the competent authority for the purpose of inspecting and counting animals, and of examining relevant documents.
The Regulations give to the competent authority power to recover premiums paid in certain circumstances, and they also create a number of offences which are punishable on summary conviction by a fine not exceeding £400.
S.I. 1972/1811(1972 III, p. 5216).
(OJ/SE 1972 (II) p. 332).