The Agriculture Improvement Regulations 1985

Amounts of grant under regulation 9(1)

10.—(1) Subject to the provisions of this regulation and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 13 and 15 in column 1 of the Schedule shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of the Schedule.

(2) In the case of any work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business situated in a less-favoured area, or that part of such a business which is so situated, the amount of grant so payable shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 3 of the Schedule.

(3) In the case of any work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business by—

(a) a young farmer who fulfills the requirements specified in paragraph (4) below; or

(b) a partnership in respect of which the requirements specified in paragraph (5) below are fulfilled;

the amount of grant so payable shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 or 3 (as the circumstances require) of the Schedule, increased by twenty-five per cent; but such an increase in grant shall be made only in relation to one improvement plan approved in respect of any agricultural business, carried on on the greater part of the land affected by the improvement plan in relation to which such increase of grant is payable, within a period of six years following completion of that plan.

(4) The requirements in relation to a young farmer are that he—

(a) is less than forty years of age on the date on which an improvement plan relating to his agricultural business is submitted to the appropriate Minister;

(b) is at that date the sole owner or sole tenant of the land on which the agricultural business to which the plan relates is carried on;

(c) submits an improvement plan relating to his agricultural business to the appropriate Minister within five years of the date on which he became sole owner or tenant of the land on which the agricultural business to which the plan relates is carried on;

(d) has not previously been responsible for carrying out an improvement plan under these regulations or a development plan under the 1980 Regulations or the 1981 Regulations as an individual carrying on an eligible agricultural business or a person carrying on such a business in partnership or an owner of land occupied for the purposes of such a business; and

(e) holds an appropriate certificate relating to the possession of agricultural skill and competence issued by a teaching establishment recognised for that purpose by the appropriate Minister.

(5) The requirements in relation to a partnership are—

(a) that a partner in that partnership fulfils the requirements set out in paragraph (4)(a), (d) and (e) above, and submits an improvement plan to the appropriate Minister within five years of the date on which he became a joint owner or joint tenant of the land on which the agricultural business to which the plan relates is carried on;

(b) that all other partners in the partnership fulfil the requirements of paragraph (4)(a) above in relation to the partnership business.

(6) Where it appears to the appropriate Minister that expenditure towards which grant is payable under regulation 9(1) has been incurred for the purposes of, or in connection with, the carrying on of an agricultural business situated partly in a less-favoured area, the appropriate Minister may for the purpose of determining the amount of grant so payable towards that expenditure treat as having been incurred for, or in connection with, that part of the business situated in the less-favoured area so much of that expenditure as appears to that Minister to be referable to the carrying on of that part of the business.

(7) The amount of any grant payable under regulation 9(1) towards expenditure in respect of the carrying out or provision of any work, facility or transaction (including conservation or amenity works) which is not of a kind specified in any of paragraphs 1 to 13 in column 1 of the Schedule but is incidental to, or necessary or proper in, the carrying out or provision of any other work, facility or transaction which is of a kind so specified or for securing the full benefit thereof shall be calculated at the rate of grant appropriate to that other work, facility or transaction in accordance with the provisions of this regulation.