5. The Secretary of State shall not make a grant under sub-paragraph (1) of paragraph 3—
(a)in respect of any agricultural business which is not at least partly carried out on land situated in a nitrate vulnerable zone;
(b)unless she is satisfied that the expenditure towards which the grant is to be made will result in some environmental benefit accruing to the nitrate vulnerable zone concerned;
(c)unless the requirements of Article 5 of Council Regulation (EC) No. 1257/1999(1) are satisfied;
(d)if the objective of the expenditure, in respect of which an application for grant is made, is an increase in production for which no normal market outlets can be found; or
(e)where the whole or part of such grant would duplicate assistance provided or to be provided out of monies by:
(i)the European Community;
(ii)Parliament; or
(iii)a body exercising public functions within the United Kingdom.
OJ No. L160, 26.6.1999, p. 80.