The Farm and Conservation Grant Regulations 1991

Interpretation

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

“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture (including the storage, the transport and the preparation for market of the produce of the business), and any ancillary farm business;

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and the use of land for woodland where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” (except in the expression “agricultural business”) and references to farming shall be construed accordingly;

“ancillary farm business” means any business of a type specified in any of paragraphs 1 to 8 in column 1 of Schedule 2 where that business is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture on the same or adjacent land;

“the appropriate Minister” means—

(a)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(b)

in relation to Scotland or Wales, the Secretary of State;

“approved” means approved by the appropriate Minister in writing, and “approve” and “approval” shall be construed accordingly;

“beneficial organism” means any creature bred or kept for its use in the control of infestation of horticultural produce by pests;

“contractor” means any person who enters into an agreement to supply agricultural work or services in connection with agricultural land;

“designated maps” means—

(a)

in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the appropriate Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;

(b)

in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the appropriate Minister and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;

(c)

in relation to Scotland, the 4 maps nûmbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the appropriate Minister and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;

“earned income”, in relation to an agricultural business, means the revenue of the business as assessed by the appropriate Minister, and in any such assessment the said revenue shall be taken to include net inventory changes and farmhouse consumption less remuneration of capital invested in the agricultural business and such charges and expenses as that Minister may consider reasonable;

“eligible agricultural business” has the meaning assigned to that expression by regulation 4;

“eligible person” has the meaning assigned to that expression by regulation 3;

“farm-based industry” means—

(a)

the manufacture of craft items or tourist souvenirs;

(b)

food processing;

(c)

the purification, carbonation and bottling of spring water;

(d)

the processing of timber;

(e)

the processing of agricultural produce for purposes other than human or animal consumption; or

(f)

the repair or renovation of agricultural machinery;

“farm shop” means a shop primarily used for the sale of the produce of the agricultural business of which the shop forms part;

“food processing” means the application of any process or treatment to agricultural produce for the purposes of human consumption but does not include—

(a)

the cleaning and trimming of raw fruit and vegetables to which no further process or treatment is applied or the packaging of such fruit and vegetables;

(b)

the slaughter of livestock and the skinning and gutting of animal carcases;

(c)

any process or treatment applied for the purposes of the manufacture of wine;

(d)

any process or treatment applied to cows' milk for the purposes of the liquid consumption of that milk or for the purposes of the manufacture of any milk-based drink as defined in regulation 3 of the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983(1) and regulation 3 of the Milk-based Drinks (Scotland) Regulations 1983(2), and any process or treatment applied to any such milk-based drink; or

(e)

the processing or treatment of poultry meat or of eggs;

“glasshouse” means a fixed or mobile structure, used for the production of horticultural produce or beneficial organisms for sale, which is mounted on durable foundations, is not less than 1.67 metres high at the ridge, and of which more than half the total area of the sides, ends and roof is of glass or such other translucent material as will give a durability and transparency similar to that of glass;

“horticultural produce” means—

(a)

fruit;

(b)

vegetables of a kind grown for human consumption, including fungi, but not including maincrop potatoes or peas grown for seed or for harvesting dry;

(c)

flowers, pot plants and decorative foliage;

(d)

herbs;

(e)

seeds (other than pea seeds), bulbs and other material, being seeds, bulbs or material for—

(i)

sowing or planting for the production of fruit, of the vegetables, flowers, plants or foliage mentioned in (b) and (c) above or of herbs, or

(ii)

reproduction of the seeds, bulbs, or other material sown or planted; or

(f)

trees and shrubs, other than trees grown for the purpose of afforestation;

but does not include hops;

“labour unit” means the amount of work, other than work done by a contractor who does not satisfy the requirements of regulation 3(4) except to the extent that such work is carried out by seasonal labour, which would in the opinion of the appropriate Minister occupy the full time, not exceeding 2,200 hours per year, of a full-time worker;

“less-favoured area” means land which is within the area shaded blue or shaded pink on the designated maps, being land—

(a)

which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/EEC(3) on mountain and hill-farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC(4), which list is contained in Council Directive 84/169/EEC(5), as amended by Commission Decision 91/25/EEC(6), and

(b)

which—

(i)

is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or

(ii)

is situated in the Isles of Scilly;

“livery” means the provision of accommodation and care for horses and ponies;

“preparation for market”, in relation to produce, does not include canning, bottling, pulping or cooking, or preserving by sterilising, by freezing or by de-hydrating;

“provision of accommodation” in Schedule 2 means, in relation to persons, provision of simple overnight shelter or hostel-style self-catering accommodation in a traditional farm building other than a dwelling-house;

“sports” in Schedule 2 means any game or exercise other than field sports, horse riding and sports involving the use of motor vehicles, firearms or crossbows;

“the 1980 Regulations” means the Agriculture and Horticulture Development Regulations 1980(7);

“the 1981 Regulations” means the Farm and Horticulture Development Regulation 1981(8);

“the 1985 Regulations” means the Agriculture Improvement Regulations 1985(9);

“the 1985 Scheme” means the Agriculture Improvement Scheme 1985(10);

“the 1987 Scheme” means the Farm Diversification Grant Scheme 1987(11);

“the 1989 Regulations” means the Farm and Conservation Grant Regulations 1989(12);

“the 1989 Scheme” means the Farm and Conservation Grant Scheme 1989(13).

(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(1)

S.I. 1983/1508.

(2)

S.I. 1983/1514; the relevant âmending instrument is S.I. 1986/790.

(3)

OJ No. L128, 19.5.75, p. 1.

(4)

OJ No. L18O, 14.7.80, p. 34.

(5)

OJ No. L82, 26.3.84, p. 67.

(6)

OJ No. L16, 22.1.91, p. 25.

(7)

S.I. 1980/1298, amended by S.I. 1981/1708, 1983/508, 924, 1763, 1984/618, 1922, 1985/1025.

(8)

S.I. 1981/1707, amended by S.I. 1983/507, 925, 1762, 1984/620, 1924, 1985/1266, 1986/1295.

(9)

S.I. 1985/1266, amended by S.I. 1987/1950, 1988/1201, 1982, 2065, 1989/219, 1990/1125. By S.R.(N.I.) 1987 No.156, the Agriculture Improvement Regulations were revoked in so far as they formed part of the law of Northern Ireland.

(10)

S.I. 1985/1029, amended by S.I. 1988/1056, 1983, 2066, 1989/128. By S.I. 1987/166, (N.I. 1), the Agriculture Improvement Scheme was revoked in so far as it formed part of the law of Northern Ireland.

(11)

S.I. 1987/1949, amended by S.I. 1988/1398, 1991/2.

(12)

S.I. 1989/219, amended by S.I. 1990/1125.

(13)

S.I. 1989/128, amended by S.I. 1990/1126.