The Farm and Conservation Grant Scheme 1989

Interpretation

2.—(1) In this Scheme, unless the context otherwise requires–

“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture, including the storage, the transport and the preparation for market of the produce of the business;

“the appropriate Minister” means–

(a)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(b)

in relation to Scotland or Wales, the Secretary of State;

“contractor” means any person who enters into an agrement to supply agricultural work or services in connection with agricultural land;

“dairy cows” means cows which have calved and which by reason of their breed or suitability are exclusively or principally kept for the production of milk either for human consumption or for processing into milk products;

“designated maps” means–

(a)

in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the appropriate Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;

(b)

in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the appropriate Minister and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;

(c)

in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the appropriate Minister and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;

“excluded contractor” means a contractor other than a contractor who has entered into a written agreement with the occupier of the land on which is carried on the agricultural business in relation to which a claim for grant is made under this Scheme where that agreement is expressed to continue in force for a period which is not less than seven years from the day immediately preceding the day on which the claim is submitted;

“the Farm and Conservation Grant Regulations” means any regulations, other than the 1985 Regulations, made under section 2(2) of the European Communities Act 1972(1) implementing provisions in Title I of Council Regulation (EEC) No. 797/85(2) on improving the efficiency of agricultural structures and Article 1 of Council Directive No. 75/268/EEC(3) on mountain and hill farming and farming in certain less-favoured areas;

“glasshouse” means a fixed or mobile structure, used for the production of horticultural produce for sale, which is mounted on durable foundations, is not less than 1.67 metres high at the ridge, and of which more than half the total area of the sides, ends and roof is of glass or such other translucent material as will give a durability and transparency similar to that of glass;

“horticultural produce” means–

(a)

fruit;

(b)

vegetables of a kind grown for human consumption, including fungi, but not including maincrop potatoes or peas grown for seed or for harvesting dry;

(c)

flowers, pot plants and decorative foliage;

(d)

herbs;

(e)

seeds (other than pea seeds), bulbs and other material, being seeds, bulbs or material for–

(i)

sowing or planting for the production of fruit, of the vegetables, flowers, plants or foliage mentioned in (b) and (c) above or of herbs, or

(ii)

reproduction of the seeds, bulbs or other material planted; or

(f)

trees and shrubs, other than trees grown for the purpose of afforestation; but does not include hops;

“labour unit” means the amount of work, other than work done by an excluded contractor except to the extent that such work is carried out by seasonal labour, which would in the opinion of the appropriate Minister occupy the full time, not exceeding 2,200 hours per year, of a full-time worker;

“less-favoured area” means land–

(a)

which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2 of Council Directive No. 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas(4), and

(b)

which–

(i)

is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or

(ii)

is situated in the Isles of Scilly,

which land is within the area shaded blue or shaded pink on the designated maps;

“preparation for market”, in relation to produce, does not include canning, bottling, pulping or cooking, or preserving by sterilising, by freezing or by de-hydrating;

“the 1980 Regulations” means the Agriculture and Horticulture Development Regulations 1980(5);

“the 1981 Regulations” means the Farm and Horticulture Development Regulations 1981(6);

“the 1985 Regulations” means the Agriculture Improvement Regulations 1985(7);

“the 1985 Scheme” means the Agriculture Improvement Scheme 1985(8).

(2) Unless the context otherwise requires, any reference in this Scheme to a numbered paragraph or Schedule shall be construed as a reference to the paragraph or Schedule bearing that number in this Scheme.

(1)

1972 c. 68.

(2)

OJ No. L93, 30.3.85, p.1, amended by Council Regulations (EEC) No. 1760/87 (OJ No. L167, 26.6.87, p.1), 1137/88 (OJ No. L108, 29.4.88, p.1).

(3)

OJ No. L128, 19.5.75, p.1, amended by Council Regulation (EEC) No. 797/85.

(4)

Article 2 was amended by Council Directive No. 80/666/EEC (OJ No. L180, 14.7.80, p.34).

(5)

S.I. 1980/1298, amended by S.I. 1981/1708, 1983/508, 924, 1763, 1984/618, 1922, 1985/1205.

(6)

S.I. 1981/1707, amended by S.I. 1983/507, 925, 1762, 1984/620, 1924, 1985/1266, 1986/1295.

(7)

S.I. 1985/1266, amended by S.I. 1987/1950, 1988/1201, 1982, 2065 By S.R. (N.I.) 1987 No. 156, the Agriculture Improvement Regulations were revoked in so far as they formed part of the law of Northern Ireland.

(8)

S.I. 1985/1029, varied by S.I. 1988/1056, 1983, 2066. By S.I. 1987/166 (N.I. 1), the Agriculture Improvement Scheme was revoked in so far as it formed part of the law of Northern Ireland.