The Tir Gofal (Amendment) (Wales) Regulations 2001

Welsh Statutory Instruments

2001 No. 423 (W.17)

AGRICULTURE, WALES

The Tir Gofal (Amendment) (Wales) Regulations 2001

Made

15th February 2001

Coming into force

19th February 2001

The National Assembly for Wales , being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Name, commencement and application

1.—(1) These Regulations are called the Tir Gofal (Amendment) (Wales) Regulations 2001 and shall come into force on 19th February 2001.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In The Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999 (“the principal Regulations”) there are made the following changes to the definitions:—

(a) for the definition of “the Commission Regulation”, substitute the following:—

• ““the Commission Regulation” (Rheoliad y Comisiwn) means Commission Regulation (EC) No. 1750/99(3) laying down detailed rules for the application of the Council Regulation;”

(b) for the definition of “the Council Regulation”, substitute the following:—

• ““the Council Regulation” (Rheoliad y Cyngor) means Council Regulation (EEC) No. 1257/99 (4) on support for rural development from the European Agricultural Guidance and Guarantee Fund and amending certain Regulations and repealing others;”

(c) for paragraph (b) of the definition of “agri-environment scheme” (cynllun amaeth-amgylchedd) substitute:—

“(b) approved by the Commission of the European Communities under Article 43 of the Council Regulation as part of a Rural Development Plan drawn up pursuant to the Council Regulation;”

(d) in the definition of “eligible person” (person cymwys) make the following changes to the references to articles of the Commission Regulation:

• “Article 31” in place of “Article 10”;

• “Article 48(2)” in place of “Article 20(2)”; and

• “Article 48(3)” in place of “Article 20(3)”.

(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation in the principal Regulations so numbered.

Changes to references

3.—(1) In regulation 3(6) (Power to enter into agreements), substitite “Article 20” for “Article 13”.

(2) In regulation 8(4) (Notification of change of occupation),substitute “Article 29” for “Article 11” and “Article 30” for “Article 12”.

(3) In paragraphs (1), (4) and (6) of regulation 11 (Withholding and recovery of aid), substitute “Article 48”.For “Article 20” and “Article 20(2)”.

(4) In regulation 12(1) and (2) (Recovery of interest), substitute “Article 48(1)”.for “Article 20(1)”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

D Elis Thomas

The Presiding Officer of the National Assembly

15th February 2001

Explanatory Note

(This note does not form part of the Regulations)

The Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999 (S.I. 1999/1176) (“the principal regulations”) introduced the Tir Gofal scheme in Wales. They were amended by the Tir Gofal and Organic Farming (Amendment) (Wales) Regulations 1999 (“the amendment regulations”) (S.I. 1999/3337 (W.45)).

The principal and amendment regulations were made pursuant to European legislation that has now been amended and replaced. The current regulations are therefore made to update the references to European legislation contained in the principal regulations.

(1)

S.I. 1999/2788.

(2)

1972 c. 68.

(3)

O.J. L214 13.08.1999, p.31.

(4)

O.J. L160 26.06.1999, p.80.

(5)

1998 c. 38.