The Farm and Conservation Grant (Amendment) Regulations 1990

Regulation 8

SCHEDULE AMENDMENT OF THE AGRICULTURE IMPROVEMENT REGULATIONS 1985

For regulation 8 of the 1985 Regulations (variation and withdrawal of improvement plans) there shall be substituted the following regulation–

“8.— (1) Subject to the provisions of paragraph (2) below, the appropriate Minister may, on the written request of the person currently responsible for the carrying on of an agricultural business to which an improvement plan relates, vary or withdraw the approval of that plan where that Minister considers that there are exceptional circumstances warranting such a variation or withdrawal.

(2) In respect of a request for the variation of approval of an improvement plan received by the appropriate Minister on or after 1st July 1990, that Minister shall not approve for the purposes of grant under these Regulations–

(a) proposed expenditure in connection with the breeding or keeping of pigs unless that Minister is satisfied–

(i) that after completion of the work, facility or transaction to which the expenditure relates, the number of pig places on the land occupied for the purposes of the agricultural business to which the plan relates will not exceed 800; and

(ii) that the plan provides that on its completion not less than 35 per cent of the feeding stuffs required for the pigs kept on that land can be produced therefrom;

(b) proposed expenditure in connection with the breeding or keeping of pigs which entails an increase in production, except that where the request for variation of approval which proposes such expenditure is received before 1st January 1991, that Minister may approve for the purposes of grant expenditure which serves to increase the number of pig places on the land occupied for the purposes of the agricultural business to which the plan relates to no more than 300 such places;

(c) proposed expenditure in connection with the breeding or keeping of beef livestock, unless that Minister is satisfied–

(i) that, subject to sub-paragraph (ii) below, the effect of such expenditure will not be to increase the number of such livestock kept on the land occupied for the purposes of the agricultural business to which the plan relates,

(ii) that, where the effect of such expenditure will be to increase the number of such livestock on such land, the number of such livestock at the completion of the plan will not exceed the equivalent of three livestock units for every hectare of that land comprising forage area, or

(iii) that such expenditure is in respect of any work, facility or transaction which has the effect of safeguarding the environment.

(3) For the purposes of paragraph (2)(c) above–

“beef livestock” means bovine animals which by reason of their breed or suitability are exclusively or principally kept for the production of meat either for human consumption or for processing into meat products,

“livestock unit” means one bovine animal over two years old, and a bovine animal under two years old but over six months old shall be taken to be 0.6 of a livestock unit, and

“forage area” means, in relation to land occupied for the purposes of the agricultural business to which the plan relates, so much of that land as is used for grazing by, or producing the feeding stuffs for, the beef livestock.”.