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Statutory Instruments

1988 No. 2065

AGRICULTURE

HORTICULTURE

The Agriculture Improvement (Amendment) (No. 3) Regulations 1988

Made

23rd November 1988

Laid before Parliament

28th November 1988

Coming into force

29th November 1988

The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, being Ministers designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the common agricultural policy of the European Economic Community(2), in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Agriculture Improvement (Amendment) (No. 3) Regulations 1988 and shall come into force on 29th November 1988.

Amendment of the Agriculture Improvement Regulations 1985

2.  Regulation 7 of the Agriculture Improvement Regulations 1985(3) (closing dates for submission of improvement plans) shall be amended—

(a)by substituting for paragraph (1) thereof the following paragraph—

(1) Subject to paragraphs (2) and (3) below, the appropriate Minister shall not approve an improvement plan under these Regulations where the plan is received by him on or after 29th November 1988 or such later date, not later than 28th December 1988, as that Minister may in special circumstances permit.;

(b)by inserting after paragraph (2) thereof the following paragraph—

(3) Paragraph (1) above shall not apply where the improvement plan includes only proposed expenditure—

(a)in connection with any work, facility or transaction which is of a kind specified in paragraph 9 or 10 in column 1 of Schedule 1 (glasshouse heating systems and heated glasshouses), or

(b)in the Isles of Scilly in connection with any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2..

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd November 1988.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

23rd November 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Agriculture Improvement Regulations 1985 (“the principal Regulations”), implementing in part the provisions of Council Regulation (EEC) No. 797/85 (OJ No. L93, 30.3.85, p.1) on improving the efficiency of agricultural structures, as amended by Council Regulation (EEC) No. 1760/87 (OJ No. L167, 26.6.87, p.1) and Council Regulation (EEC) No. 1137/88 (OJ No. L108, 29.4.88, p.1), and Council Directive No. 75/268/EEC (OJ No. L128, 19.5.75, p.1) on mountain and hill farming and farming in certain less-favoured areas.

These Regulations bring forward the closing date for receipt of applications for the approval of farm improvement plans from 31st December 1994 to 28th November 1988 in most cases (regulation 2(a)).

The new closing date does not apply where the plan includes only proposed expenditure in connection with glasshouse heating systems and heated glasshouses or proposed expenditure in the Isles of Scilly in connection with any work, facility or transaction of a kind specified in column 1 of Schedule 2 to the principal Regulations (regulation 2(b)).

(2)

S.I. 1972/1811.

(3)

S.I. 1985/1266, amended by S.I. 1987/1950, 1988/1201, 1982. 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.