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The England Rural Development Programme (Enforcement) (Amendment) Regulations 2001
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- 2001 No. 431
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the England Rural Development Programme (Enforcement) Regulations 2000 (“the principal Regulations”) which implement Article 48(2) of Commission Regulation (EC) No. 1750/1999 (O.J. No. L214, 13.8.1999, p.31) which requires Member States to determine a system of penalties to be imposed in the event of a breach of obligations.
These Regulations amend the principal Regulations by adding a further power of inspection to authorised persons (regulation 3(a), (b) and (c)); by requiring intention or recklessness on the part of the beneficiary as a precondition of the exercise by the Minister of the power to require the beneficiary to pay a penalty equal to 10% of the sums paid or payable to him; by applying that power in relation to cases where the payment would duplicate assistance provided out of monies made available by the European Communities, Parliament or a body exercising public functions; and by creating certain summary offences (of knowingly or recklessly making false or misleading statements for the purposes of obtaining financial assistance, and of intentionally obstructing an authorised person) under the Hill Farm Allowance Regulations 2001 and the Organic Farming (England Rural Development Programme) Regulations 2001 (regulation 3(e) to (h)).
No Regulatory Impact Assessment has been prepared in respect of these Regulations.
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