Farm Land and Rural Development Act 1988

1 Grants in respect of farm businesses. E+W+S

(1) The appropriate authority may, with the approval of the Treasury, by scheme provide in relation to any one or more parts of Great Britain for the payment by the appropriate Minister of grants towards expenditure which—

(a) has been or is to be incurred for the purposes of, in connection with or in connection with any proposals for—

(i) the establishment or expansion of a farm business of such a description as may be specified in the scheme;

(ii) the establishment or expansion, for purposes connected with the establishment, expansion or carrying on of such a farm business, of any agricultural business;

(iii) the promotion of such a farm business; or

(iv) the marketing of anything produced or supplied in the course of such a farm business;

and

(b) appears to the appropriate Minister to be neither expenditure of a capital nature nor expenditure which would fall to be treated for the purposes of section 29 of the M1 Agriculture Act 1970 as incurred in connection with expenditure of a capital nature.

(2) Without prejudice to the generality of subsection (1) above, a scheme under this section providing for the payment of grants may—

(a) impose requirements to be complied with by persons applying for the grants;

(b) confer a discretion on the appropriate Minister as to the payment of the grants, as to the manner and timing of their payment and as to their amounts;

(c) provide for the grants to be paid to persons on such terms as may be specified in or determined under the scheme and for the modification of any such terms in such manner as may be so specified or determined;

(d) provide for the terms on which the grants are paid to impose such requirements on the persons to whom they are paid, including requirements to be complied with after the payment of the grants and requirements as to the repayment of grants, as may be so specified or determined;

(e) provide for any discretion conferred by or under the scheme to be exercisable in such circumstances and by reference to such matters, and the opinion of such persons, as may be so specified or determined;

(f) contain such supplemental, consequential and transitional provision as the appropriate authority thinks fit; and

(g) make different provision for different cases.

(3) The power to make a scheme under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A grant paid by virtue of a scheme under this section shall be paid out of money provided by Parliament.

(5) In this section—

• “agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of agriculture;

• “agriculture”—

(a) in relation to England and Wales, has the same meaning as in the M2 Agriculture Act 1947; and

(b) in relation to Scotland, has the same meaning as in the M3 Agriculture (Scotland) Act 1948;

• “the appropriate authority”, in relation to any scheme, means the appropriate Minister for the part of Great Britain to which the scheme extends or, if it extends to more than one part, the appropriate Minister for each part to which it does extend, acting jointly;

• “the appropriate Minister”—

(a) in relation to England, means the [F1 Secretary of State]; and

(b) in relation to Scotland or Wales, means the Secretary of State;

• “farm business” means any business consisting in, or such part of any business as consists in, a business which—

(a) is carried on by a person who also carries on an agricultural business at the same time and on the same or adjacent land; and

(b) is not itself an agricultural business.

[F2 (6) In subsection (5) in the definition of “the appropriate authority” the words from “or, if it extends to more than one part,” to the end shall not extend to Scotland.]

Subordinate Legislation Made

P1 S. 1: s. 1 power exercised by S.I. 1991/1406.

For previous exercises of power see Index to Government Orders.

Textual Amendments

F1 Words in s. 1(5) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 32 (with art. 6)

F2 S. 1(6) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 88(1)(2)

Marginal Citations

M1 1970 c. 40.

M2 1947 c. 48.

M3 1948 c. 45.