The Rural Diversification Programme (Scotland) Amendment Regulations 1999

Made: 4th March 1999

Laid before Parliament: 10th March 1999

Coming into force: 31st March 1999

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972¹ in relation to measures relating to promotion of rural development², in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Rural Diversification Programme (Scotland) Amendment Regulations 1999 and shall come into force on 31st March 1999.

• (2) In these Regulations “the principal Regulations” means the Rural Diversification Programme (Scotland) Regulations 1995³.

Application

2

These Regulations apply to applications under regulation 4 of the principal Regulations received by the Secretary of State after 30th March 1999.

Amendment of the principal Regulations

3

In regulation 2(1) of the principal Regulations (interpretation) there shall be inserted–

• (a) after the definition of “agricultural unit”–

• “alternative agricultural production” does not include beef, dairy, sheep or cereal farming;

; and

• (b) after the definition of “eligible person” there shall be inserted–

• “housing for rent” does not include rent to a member of the immediate family of– the applicant for financial assistance under regulation 4; or any other eligible person by whom the application could have been made;
• “immediate family” means wife, husband, son, daughter, mother, father, brother or sister;

4

In regulation 3 of the principal Regulations (eligible person) for paragraph (2) there shall be substituted–

(2) A person shall not cease to be a legal occupier of an agricultural unit, or any part thereof, by reason of having granted a lease under which the unit or part thereof is let for a period of not more than 8 months.

5

In regulation 5 of the principal Regulations (restrictions on approval of application) there shall be inserted at the end–

(4) The Secretary of State shall not approve an application for financial assistance received by him after 31st October 1999.

6

In regulation 7 of the principal Regulations (financial assistance)–

• (a) after paragraph (1) there shall be inserted–

(1A) Subject to paragraph (2), the amount of financial assistance payable shall be such amount as the Secretary of State may consider appropriate having regard to the measure proposed and the resources at that time available to the programme.

; and

• (b) for paragraph (2)(a) there shall be substituted–

(2) The amount of financial assistance payable under paragraph (1) above shall be– (a) (i) in the case of primary production of aquaculture products, up to 40% of the eligible expenditure; and (ii) in the case of any other diversification measure, up to 50% of such expenditure; and

7

In regulation 8 of the principal Regulations (claims for financial assistance), there shall be inserted–

• (a) at the beginning, “(1) Subject to paragraph (2),”; and

• (b) at the end–

(2) The Secretary of State shall not accept a claim for financial assistance received by him after 31st October 2001.

8

For Schedule 2 to the principal Regulations there shall be substituted the Schedule to these Regulations.

Revocation

9

The Rural Diversification Programme (Scotland) Amendment Regulations 1997 are hereby revoked.

SCHEDULE

Signed

Sewel — Parliamentary Under Secretary of State, Scottish Office — 4th March 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Rural Diversification Programme (Scotland) Regulations 1995 (“the principal Regulations”).

They provide that–

• (a) those eligible to receive financial assistance under the principal Regulations include the father or mother of the legal occupier of an agricultural unit (regulation 3(b));

• (b) a person shall not cease to be a legal occupier of an agricultural unit by reason of having granted a lease of such unit for a period of not more than 8 months (regulation 4);

• (c) applications for financial assistance received after 31st October 1999 shall not be approved and claims for payment received after 31st October 2001 shall not be accepted (regulations 5 and 7); and

• (d) the amount of financial assistance payable in the case of primary production of aquaculture products shall be up to 40% (previously 40%) and in the case of any other diversification measure up to 50% (previously 50%) (regulation 6).

Schedule 2 to the principal Regulations sets out the measures in respect of which financial assistance may be given. These Regulations substitute a new Schedule 2 which restores alternative agricultural production omitted from the Schedule substituted by the Rural Diversification Programme (Scotland) Amendment Regulations 1997 (S.I. 1997/722), specifies the conversion of redundant farm buildings into housing for rent as a measure and makes minor drafting changes (regulations 3 and 8).

The Rural Diversification Programme (Scotland) Amendment Regulations 1997 are revoked (regulation 9).

Footnotes