The Highlands and Islands Agricultural Programme Amendment Regulations 1999

Statutory Instruments

1999 No. 647 (S. 40)

EUROPEAN COMMUNITIES

The Highlands and Islands Agricultural Programme Amendment Regulations 1999

Made

4th March 1999

Laid before Parliament

10th March 1999

Coming into force

31st March 1999

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to promotion of the development and structural adjustment of regions whose development is lagging behind, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Highlands and Islands Agricultural Programme Amendment Regulations 1999 and shall come into force on 31st March 1999.

(2) In the Regulations “the principal Regulations” means the Highlands and Islands Agricultural Programme Regulations 1994(3).

Application

2.  These Regulations apply to applications under regulation 5 of the principal Regulations received by the Secretary of State after 30th March 1999.

Amendment of the principal Regulations

3.  In regulation 2 of the principal Regulations (interpretation) there shall be inserted–

(a) after the definition of “agricultural unit”–

• ““alternative agricultural production” does not include beef, dairy, sheep or cereal farming”; and

(b) after the definition of “grazings committee”–

• ““housing for rent” does not include rent to a member of the immediate family of the applicant for financial assistance under these Regulations;

• “immediate family” means wife, husband, son, daughter, mother, father, brother or sister;”.

(c) after the definition of “programme” –

““programme area” means the area of Scotland referred to in regulation 1(2);

“relevant part of the programme area” means the part of the programme area in which the agricultural unit on which the measure is being undertaken lies;”.

(d) after the definition of “smallholding”–

““waste management plan” means a waste management plan in such form and containing such details as the Secretary of State may from time to time require.”.

4.  For regulation 6(1) of the principal Regulations (restrictions on approval of applications) there shall be substituted–

“Restrictions on approval of applications

6.— (1) The Secretary of State shall not approve an application for financial assistance–

(a) received by him after 31st October 1999;

(b) towards a business improvement measure mentioned in Column 1 of Part A of the Schedule unless he is satisfied that–

(i) the measure is to be carried out by, or on behalf of the eligible person;

(ii) completion of the measure will achieve the objectives of the scheme set out in regulation 3;

(iii) the application relates to one or more of the measures set out in Column 1 of Part A of the Schedule;

(iv) the measure has been identified by the resource audit and business assessment as a priority for investment;

(v) no other public funding has been or will be sought in respect of the measure, other than under these Regulations;

(vi) the eligible expenditure is at least £1,000; and

(vii) the provision of the measure is appropriate having regard to the need for, and existing provision of, measures of that type in the relevant part of the programme area; or

(c) if he considers that in the circumstances current at the time of application other applications are to be preferred.”.

5.  In regulation 8 of the principal Regulations (financial assistance) for paragraphs (3) and (4) there shall be substituted–

“(3) Subject to paragraph (4), the total amount of financial assistance payable in respect of an agricultural unit shall not exceed–

(a) in the case of a common grazing, £120,000; and

(b) in any other case £40,000.

(4) The total amount of financial assistance payable in respect of environmental enhancement measures mentioned in Column 1 of Part B of the Schedule carried out on an agricultural unit shall not exceed £10,000.”.

6.  In regulation 9 of the principal Regulations (claims for financial assistance) there shall be inserted–

(a) at the beginning, “(1) Subject to paragraph (2),”; and

(b) at the end–

“(2) The Secretary of State shall not accept a claim for financial assistance received by him after 31st October 2001.”.

7.  For the Schedule to the principal Regulations (agricultural business improvement scheme eligible measures) there shall be substituted the Schedule to these Regulations.

Sewel

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

4th March 1999

Regulation 7

SCHEDULE

Regulations 6 and 8

“SCHEDULE AGRICULTURAL BUSINESS IMPROVEMENT SCHEME ELIGIBLE MEASURES

PART A BUSINESS IMPROVEMENT MEASURES

Column 1	Column 2
Measure	Rate of Grant
1.   Provision, replacement or improvement of livestock accommodation (other than accommodation for dairy cows, pigs or poultry)	(a) 60% for vernacular buildings (b) 50% in all other cases
2.   Provision, replacement or improvement of storage sheds	(a) 60% for vernacular buildings (b) 50% in all other cases
3.   Provision, including by means of adaptation or improvement of redundant farm buildings or related structures, of (a) tourist accommodation or facilities; (b) facilities for on farm processing of agricultural products; (c) catering or retail facilities (d) facilities for sport, leisure, recreation, crafts or rural services	(a) 60% for vernacular buildings (b) 50% in all other cases
4.   Provision, replacement or improvement of electricity and water supplies	50%
5.   Provision, replacement or improvement of fanks and dippers (including mobile facilities) and stock- handling facilities for livestock	50%
6.   Provision, replacement or improvement of hard standings for livestock	50%
7.   Provision or improvement of systems for handling storage and disposal of farm waste	(a) 50%; or (b) where the eligible person obtains and agrees to implement a waste management plan, 60%
8.   Provision of information technology equipment to improve agricultural business effectiveness	50%
9.   Alternative agricultural production, including provision, improvement or replacement of horticultural facilities, including polytunnels and glasshouses	50%
10.   Conversion of redundant farm buildings into housing for rent	50%
11.   Reseeding, reconditioning and drainage on inbye land	35%
12.   Fencing on inbye and hill land	30%
13.   Dyking on inbye and hill land	70%

PART B ENVIRONMENTAL ENHANCEMENT MEASURES

Column 1	Column 2
Measure	Rate of Grant
1.   Provision of dykes to exclude livestock in association with conservation management	70%
2.   Provision of fencing to exclude livestock in association with conservation management	60%
3.   Small-scale planting of trees (eg shelter belts, amenity planting)	60%
4.   Eradication of bracken to encourage heather regeneration	60%
5.   Selective control of rhododendrons	60%
6.   Restoration of ponds	50%
7.   Creation of wetlands or marsh lands	50%
8.   Planting of approved species to encourage wildlife habitats	50%”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Highlands and Islands Agricultural Programme Regulations 1994 (“the principal Regulations”).

The principal Regulations provide that an application for financial assistance towards an environmental enhancement measure mentioned in Column 1 of Part B of the Schedule to the principal Regulations shall not be approved unless the eligible person has an application for financial assistance towards a business improvement measure mentioned in Column 1 of Part A of that Schedule approved in respect of the agricultural unit. These Regulations remove that restriction on approval of applications for financial assistance towards an environmental enhancement measure (regulation 4). They also provide that an application for financial assistance towards a business improvement measure shall not be approved unless the Secretary of State is satisfied that provision of the measure is appropriate having regard to existing provision in the relevant part of the programme area (regulation 3(c) and 4); and that applications for financial assistance received after 31st October 1999 shall not be approved and claims for payment received after 31st October 2001 shall not be accepted (regulations 4 and 6).

The limit of financial assistance payable under the principal Regulations in respect of business improvement measures carried out on an agricultural unit is £60,000 in the case of a common grazing, and £20,000, in any other case. The limit in respect of environmental enhancement measures is £6,000. These Regulations provide that the limit payable in respect of an agricultural unit is £120,000, in the case of a common grazing, and £40,000 in any other case. They provide that the limit payable in respect of an environmental enhancement measure is £10,000 (regulation 5).

The Schedule to the principal Regulations sets out the measures eligible for financial assistance. These Regulations substitute a new Schedule which sets out in Part A new business improvement measures in respect of the provision of information technology equipment, alternative agricultural production and the conversion of redundant farm buildings into housing for rent, increases the rate of grant payable in respect of certain of the business improvement measures, and makes minor drafting changes. Where the rate of grant has increased the former rate of grant is shown in brackets in the copy of Part A of the Schedule set out below (regulation 5 and 3(a), (b) and (d)).

(1)

S.I. 1994/1887.

(2)

1972 c. 68.

(3)

S.I. 1994/3096.