The Farm and Conservation Grant (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Farm and Conservation Grant Regulations 1989 (“the principal Regulations”), implementing changes introduced by Council Regulation (EEC) No. 3808/89 (OJ No. L371, 20.12.89, p.1) in Title I of Council Regulation (EEC) No. 797/85 (OJ No. L93, 30.3.85, p.1) on improving the efficiency of agricultural structures, as previously 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). The amendments implementing those changes are:–

(a) the classes of person eligible for grant under the Regulations are extended by modifying the provisions in relation to those who derive income from, and spend time in, certain activities in addition to farming (regulation 5),

(b) grant aid is made available where implementation of an improvement plan is necessary to maintain the income of an eligible agricultural business (and not only in respect of plans bringing about a lasting improvement of the economy of the business) (regulation 6(a)), and

(c) restrictions are introduced in relation to beef production enterprises where production is to be increased (regulation 6(c) and (d)).

The Regulations also make the following changes:–

(a) the address of deposit of the designated maps in relation to Wales is amended (regulation 4),

(b) the restrictions in relation to grant for pig production enterprises are amended in order to reflect fully Community requirements (regulation 6(b)),

(c) provision is made for grant to be paid for protective fencing in association with work on field banks (regulation 7(a)), and

(d) provision is made to clarify which type of horticultural structures may qualify for grant purposes (regulation 7(b) and (c)).

The provisions of the Agriculture Improvement Regulations 1985 (“the 1985 Regulations”), being earlier Regulations relating to improving agricultural structures are amended–

(a) by providing for plans approved under those Regulations to be varied or withdrawn in exceptional circumstances at any time after approval, and

(b) by making the same restrictions in relation to pig and beef production enterprises as are introduced in the principal Regulations where variations to plans approved under the 1985 Regulations are requested.