The Farm Enterprise Grant and Farm Improvement Grant (Wales) Regulations 2001

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

• “approved expenditure” (“gwariant a gymeradwywyd”) means, in relation to any operation, expenditure which the National Assembly has approved for the receipt of financial support, and “approve” (“cymeradwyo”) and “approval” (“cymeradwyaeth”) shall be construed accordingly;

• “authorised person” (“person a awdurdodwyd”) means any person who is authorised by the National Assembly either generally or specifically to act in matters arising under these Regulations and includes any official of the Commission who accompanies such an authorised person;

• “beneficiary” (“buddiolwr”) means a person or persons who have been granted financial support;

• “the Commission” (“y Comisiwn”) means the Commission of the European Communities;

• “the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No. 1750/1999(1) laying down detailed rules for the application of the Council Regulation, as amended by Commission Regulation (EC) No. 2075/2000(2);

• “commitment” (“ymrwymiad”) means any obligation placed upon a beneficiary under, or by virtue of, these Regulations and / or the Community legislation;

• “the Community legislation” (“y ddeddfwriaeth Gymunedol”) means the instruments listed in the Schedule to these Regulations in so far as they relate to expenditure for which support may be granted pursuant to Articles 4 and 33 of Council Regulation 1257/1999/EC;

• “Community support” (“cymorth Cymunedol”) means support from the European Agricultural Guidance and Guarantee Fund payable in accordance with the Community legislation;

• “the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No.1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(3);

• “electronic communication” (“cyfathrebu electronig”) has the same meaning as in the Electronic Communications Act 2000 (4);

• “eligible farming business” (“busnes fferm cymwys”) means a farming business or group of farming businesses which has, to the satisfaction of the National Assembly, completed a Farm Business Development Plan or a Farm Business Options Review and in all material respects satisfies the grant eligibility criteria as published by the National Assembly;

• “farming business” (“busnes fferm”) means a business with a County Parish Holding number registered to its name and which undertakes agricultural activities on such a holding for a minimum of 550 hours per annum;

• “financial support” (“cymorth ariannol”) means an amount paid or payable under these Regulations;

• “grant cycle” (“cylch grant”) means, in respect of any eligible farming business —

  (a)

  the period of 24 months commencing on the date upon which a project is first approved by the National Assembly for financial support, and

  (b)

  any subsequent periods of 24 months following the period specified in paragraph (a);

• “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “operation” (“gweithrediad”) means an investment or project;

• “public funds” (“cronfeydd cyhoeddus”) means monies made available by—

  (a)

  a body exercising public functions within the United Kingdom; or

  (b)

  the European Communities;

• “the RDPW” (“y CDGC”) means the Rural Development Plan for Wales 2000 — 2006 approved by the Commission Decision of 11 October 2000 referred to in the Schedule to these Regulations, and “the relevant part of the RDPW” (“y rhan berthnasol o'r CDGC”) means that part of the RDPW which relates to expenditure for which support may be granted pursuant to Articles 4 and 33 of the Council Regulation;

• “relevant business” (“busnes perthnasol”) means an eligible farming business:

  (i)

  with a sole proprietor who is a young farmer actively undertaking agricultural activities on behalf of the business, or

  (ii)

  with no more than 4 partners or shareholders, at least one of whom is a young farmer actively undertaking agricultural activity on behalf of the business, or

  (iii)

  with 5 or more partners or shareholders, at least two of whom are young farmers with at least one of the two actively undertaking agricultural activities on behalf of the business.

• “relevant date” (“dyddiad perthnasol”) means the date upon which the National Assembly takes receipt of an application for grant under these Regulations;

• “the SPD” (“y DRS”) means the Single Programming Document for Community structural assistance under Objective 1 for West Wales and the Valleys approved by the Commission Decision of 24 July 2000 referred to in the Schedule to these Regulations.

• “young farmer” (“ffermwr ifanc”) means a farmer aged 18 years or over who has not yet attained his or her fortieth birthday on the relevant date and who, in the opinion of the National Assembly, will derive a direct benefit from the operation to be assisted by way of grant under these Rregulations.

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.

(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(1)

OJ No.L214, 13.8.1999, p.31.

(2)

OJ No.L246, 30.9.2000, p.46.

(3)

OJ No.L160, 26.6.1999, p.80.

(4)

2000 c. 7.