Agriculture Act 1993

29 Procedure where scheme fails to meet criteria for approval. E+W+S

(1) This section applies where, on an application under section 27 above for approval of a transfer scheme, the Ministers are satisfied as mentioned in subsection (1) of section 28 above, but are not satisfied that the scheme meets the criteria mentioned in subsection (3) of that section.

(2) Where the Ministers are satisfied that the scheme is not capable of being modified so as to make it meet those criteria, they shall refuse the application, but, before finally concluding that the application should be refused under this subsection, they shall—

(a) give the Board notice of the conclusions they propose to reach about the scheme and of the reasons for them,

(b) specify in the notice under paragraph (a) above a day, at least 28 days after the date of the notice, on or before which the Board may make written representations to them about those conclusions, and

(c) take into consideration any representations made to them under paragraph (b) above or in response to an invitation by them to the Board to make oral representations about those conclusions.

(3) Where the Ministers are satisfied that the scheme is capable of being modified so as to make it meet those criteria, they shall give the Board notice of—

(a) the modifications which they consider would make it meet those criteria,

(b) the reasons for them, and

(c) a day, at least 28 days after the date of the notice, on or before which the Board may respond to the proposed modifications.

(4) If, before the end of the period for responding to the proposed modifications, the Board gives the Ministers notice of its agreement to them, the application shall be treated as relating to the scheme with those modifications.

(5) If, at the end of the period for responding to the proposed modifications, the Board has not—

(a) persuaded the Ministers that no modifications are required,

(b) given the Ministers notice of its agreement to the proposed modifications, or

(c) given the Ministers notice of proposed alternative modifications,

the Ministers shall refuse the application.

(6) Where, before the end of the period for responding to the proposed modifications, the Board gives the Ministers notice of proposed alternative modifications, then—

(a) if, before the end of the period of 28 days beginning with the date of the Board’s notice, the Ministers reach agreement with the Board about what modifications should be made to the scheme, the application shall be treated as relating to the scheme with those modifications, and

(b) if they do not, they shall refuse the application.

(7) The Ministers may by notice to the Board extend (or further extend) as they think fit—

(a) the period under subsection (2)(b) above for making representations,

(b) the period under subsection (3)(c) above for responding to proposed modifications, or

(c) the period under subsection (6)(a) above for reaching agreement about what modifications should be made to the scheme.