The Grants for Fishing and Aquaculture Industries Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations supplement Regulation (EU) No. 508/2014 of the European Parliament and of the Council on the European Maritime Fisheries Fund (OJ No. L 149, 20.5.2014, p.1) (“the EMFF Regulation”), and lay down rules for the implementation of Council Regulation (EU) No. 1303/2013, laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Regional Development and the European Maritime Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime Fisheries Fund (OJ No. L 347, 20.12.2013, p.320) (“the Funds Framework Regulation”).

Part 1 of these Regulations contains general introductory provisions.

Part 2 designates various bodies for the purposes of the Funds Framework Regulation.

Part 3 of these Regulations makes provision in relation to England for payments of grants by the Marine Management Organisation for the purposes of Title V of the EMFF Regulation.

Regulations 4 to 8 lay down a procedure for applications for a grant. Regulation 6 makes it an offence to supply false information when making an application.

Regulation 9 makes payment of a grant dependent on provision of satisfactory evidence of the expenditure incurred and the proper execution of any actions relevant to payment of the grant.

Regulation 10 makes provision for the method of payment of the grant.

Regulation 11 makes payment conditional on the applicant retaining the relevant records and makes failure to comply with this obligation an offence.

Regulation 12 provides for the variation, suspension and revocation of any approval of an application for a grant.

Regulation 13 provides that the Marine Management Organisation may, by notice, require the repayment of a grant if certain conditions are not satisfied and provides that sums outstanding may be recovered as a debt.

Regulation 14 sets out the penalties for offences under these Regulations. By virtue of the application of section 238 of the Marine and Coastal Access Act 2009 (c.23) by regulation 14(1), the common enforcement powers of that Act (defined by section 262 of that Act to mean any power conferred by section 246 to 261 of that Act), and the powers conferred by sections 264, 268, 269, 279 and 284 of that Act, also apply in relation to these Regulations as they apply in relation to the enforcement of the fisheries legislation (as defined by section 238(2) of that Act).

Part 4 contains revocation, transitional and review provisions.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk.