The Agriculture Improvement (Amendment) Regulations 1987

Statutory Instruments

1987 No. 1950

AGRICULTURE

HORTICULTURE

The Agriculture Improvement (Amendment) Regulations 1987

Made

13th November 1987

Laid before Parliament

18th November 1987

Coming into force

1st January 1988

The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, being Ministers designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the common agricultural policy of the European Economic Community(2), in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

1.  These Regulations may be cited as the Agriculture Improvement (Amendment) Regulations 1987 and shall come into force on 1st January 1988.

2.  The Agriculture Improvement Regulations 1985(3) shall be amended in accordance with the following provisions of these Regulations.

3.  For regulation 7 thereof (closing date for submission of improvement plans) there shall be substituted the following regulation—

“7.— (1) Subject to paragraph (2) below, the appropriate Minister shall not approve an improvement plan under these regulations where the plan is received by him after 31st December 1994 or such later date as that Minister may in special circumstances permit.

(2) The appropriate Minister shall not approve an improvement plan under these regulations which includes proposed expenditure in connection with any work, facility or transaction of a kind specified in paragraph 12 or 13 of column 1 of the Schedule where that plan is received by him after 1st January 1988.”.

4.  For regulation 8 thereof (variation and withdrawal of improvement plans) there shall be substituted the following regulation—

“8.— (1) Subject to 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 the request is made at least two years after the original approval of the plan.

(2) 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 at any time after the original approval of the plan, provided that—

(a) the plan includes proposed expenditure in connection with any work, facility or transaction of a kind specified in paragraph 12 or 13 of column 1 of the Schedule;

(b) the request for variation or withdrawal of approval of the plan is received by the appropriate Minister before 1st July 1988;

(c) the person who requests variation or withdrawal of approval of the plan has submitted a farm diversification plan for approval under the Farm Diversification Grant Scheme 1987(4).”.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

10th November 1987.

Peter Walker

One of Her Majesty’s Principal Secretaries of State

13th November 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Agriculture Improvement Regulations 1985 in two respects as regards farm improvement plans which include proposed expenditure in connection with on-farm craft and tourism projects:—

(1) The closing date for receipt of applications for approval of such farm improvement plans is brought forward to 1st January 1988 (regulation 3);

(2) Ministers are empowered, on written request, to vary or withdraw approval of such plans at any time after the date of original approval provided that the request is received by 1st July 1988 and the person making the request has submitted a farm diversification plan under the Farm Diversification Grant Scheme 1987 (regulation 4).

In future, grant aid for on-farm craft and tourism projects will be available under the Farm Diversification Grant Scheme 1987.

(1)

1972 c. 68.

(2)

S.I. 1972/1811.

(3)

S.I. 1985/1266. By S.R. (N.I.) 1987 No. 156 the Agriculture Improvement Regulations 1985 were revoked in so far as they formed part of the law of Northern Ireland.

(4)

S.I. 1987/1949.