The Scottish Islands Agricultural Development Programme Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Regulation (EEC) No. 1402/86 (O.J. No. L128, 14.5.86, p.9) which authorises a programme under the provisions of Article 18 of Council Regulation (EEC) No. 797/85 (O.J. No. L93, 30.3.85, p.1) for measures to encourage agriculture in the Scottish Islands off the northern and western coasts with the exception of the Western Isles (Outer Hebrides).

The Regulations provide for financial assistance to be given towards the cost of farm development measures, livestock development measures and agriculture infrastructure or support measures set out in a farm plan. To benefit for assistance the applicant must submit to the Secretary of State for approval a farm plan (regulation 4). The farm development measures, livestock development measures and agricultural infrastructure or support measures are respectively specified in Schedules 1, 2 and 3. The farm plan must indicate that it will increase the efficiency of the farm, improve the quality of the livestock and conserve or enhance the environment (regulation 4). Approval of the farm plan can be subject to conditions (regulation 5).

The Regulations also—

(a) impose certain restrictions on the approval of farm plans (regulation 6);

(b) limit the variation of the plan to certain exceptional circumstances (regulation 7);

(c) set out the amount of the financial assistance available (regulation 8);

(d) provide for payment of a management premium (regulation 9);

(e) set out the maximum limits of financial assistance (regulation 10);

(f) provide for standard costs (regulation 11);

(g) confer a power of inspection and right of entry (regulation 12);

(h) provide for the reduction or withholding of financial assistance in circumstances where it would otherwise be payable (regulation 13);

(i) provide for the revocation of approval and the recovery of financial assistance paid (regulation 14); and

(j) create an offence punishable on summary conviction with a maximum fine of £2,000 of knowingly or recklessly making a false statement to obtain financial assistance (regulation 15).

These Regulations will cease to have effect on 7th March 1993 (regulation 16).