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- Point in Time (01/02/1991)
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Version Superseded: 05/11/1993
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There are currently no known outstanding effects for the Agriculture and Horticulture Act 1964, Section 2.
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(1)The appropriate Minister may with the approval of the Treasury make a scheme containing provision for the making by him of a grant in connection with the carrying out by any person of a programme designed to increase the efficiency of a small horticultural production business and submitted to and approved by that Minister in accordance with the scheme.
(2)A scheme under this section (hereinafter referred to as “a scheme”) may—
(a)provide for the payment of grants by instalments over such period as is specified in the scheme;
(b)make the payment of grants, or of instalments of grants, subject to compliance with such conditions, whether as to the capacity of the business (determined in accordance with the scheme), the security of tenure of land on which the business is carried on, the period within which or the manner in which the programme or any part thereof is to be carried out, or any other matter, as are specified in or under the scheme;
(c)provide for a programme approved by the appropriate Minister under the scheme to be modified from time to time with his approval, and thereafter to have effect for the purposes of the scheme as so modified;
(d)contain such incidental and supplemental provisions as appear to the appropriate Minister expedient for the purposes of the scheme.
(3)Subject to subsection (4) below, where the appropriate Minister has approved a programme for the purposes of a scheme he may revoke the approval if, at any time before the carrying out of the programme is completed, it appears to him—
(a)that the business has ceased to be carried on or has ceased to be a small horticultural production business; or
(b)that any condition imposed in connection with the payment of a grant or instalments thereof under this section in relation to the programme has not been, or will not be, complied with; or
(c)that in connection with an application for approval of the programme or of any modification of the programme the applicant gave information on any matter which was false or misleading in a material respect;
and if before the revocation any payment is made by way of grant under the scheme in respect of the programme, the appropriate Minister may recover the payment or so much thereof as he may think fit.
(4)Before revoking an approval under subsection (3) above the appropriate Minister—
(a)shall give to any person to whom any payment by way of grant in relation to the programme would be payable, or from whom any such payment would be recoverable, a written notification of the reasons for the proposed revocation; and
(b)shall accord to each such person an opportunity, either in person or by counsel, solicitor or agent, of appearing before and being heard by a person appointed for the purpose by that Minister; and
(c)shall consider the report of a person so appointed and supply a copy of the report to each person who was entitled to appear before the person submitting it.
(5)A scheme may be made for England and Wales, for Scotland, for Northern Ireland or for any two or all of those parts of the United Kingdom jointly, and may be varied or revoked by a subsequent scheme.
(6)In this section “small horticultural production business” means, in relation to any scheme, a horticultural production business which is conducted on land not exceeding in extent such area as is specified in that behalf in the scheme, and which satisfies such other requirements (whether as to minimum area or otherwise) as may be so specified:
Provided that a horticultural production business shall not, so far as concerns a programme relating to the business submitted at any time for approval under a scheme, be treated as ceasing to be a small horticultural production business by reason only of any increase after that time in the area of the land on which the business is conducted.
Modifications etc. (not altering text)
C1Functions of Minister of Agriculture, Fisheries and Food under s. 2 now exercisable by that Minister and Secretary of State jointly (W.): S.I. 1969/388
C2S. 2 (3) excluded by Agriculture Act 1967 (c. 22), s. 26 (11) (c)
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