The Farm and Conservation Grant Regulations 1991

False statements

17.—(1) If any person, for the purposes of obtaining for himself or any other person any grant under these Regulations, knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Where an offence under paragraph (1) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Proceedings in England and Wales for an offence under paragraph (1) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the appropriate Minister to justify proceedings comes to his knowledge, and in any case within five years from the commission of the offence.

(4) Summary proceedings in Scotland for an offence under paragraph (1) above may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge, and in any case within five years from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend o to cite the accused is granted, if such a warrant is executed without undue delay.

(5) A certificate purporting to be signed—

(a) for the purposes of paragraph (3) above, by or on behalf of the appropriate Minister, or

(b) for the purposes of paragraph (4) above, by the prosecutor,

shall be conclusive evidence of the date on which evidence sufficient to justify proceedings came to his knowledge.

(6) Where a person convicted of an offence under paragraph (1) above was at the time of the commission of the offence responsible for carrying on an agricultural business to which an improvement plan relates, the appropriate Minister may revoke the approval of that plan, in whole or in part, and, where any payment has been made, may recover on demand an amount equal to the payment which has been so made or such part thereof as that Minister may specify.

(7) For the purposes of paragraph (6) above “improvement plan” means a plan approved under these Regulations in connection with which an offence under paragraph (1) has been committed.