The Farm Business Non-Capital Grant Scheme 1988

Interpretation

2.—(1) In this Scheme, unless the context otherwise requires—

“agriculture” and cognate expressions shall be construed, except in relation to Scotland, in accordance with section 109 of the Agriculture Act 1947(1) and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948(2);

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

“the appropriate Minister”—

(a)

in relation to England, means the Minister of Agriculture, Fisheries and Food; and

(b)

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

“approved” means approved by the appropriate Minister and“approve” and“approval” shall be construed accordingly;

“company” means a company as defined in section 735(1) of the Companies Act 1985(3);

“co-operative” means a registered society as defined in section 74 of the Industrial and Provident Societies Act 1965(4);

“designated maps” means—

(a)

in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked“volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 3rd April 1984, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Great Westminster House, Horseferry Road, London SW1P 2AE;

(b)

in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked“volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 29th March 1984, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Plas Crug, Aberystwyth, Dyfed SY23 1NG;

(c)

in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked“map of less-favoured farming areas in Scotland” and with the number of the map, dated 2nd April 1984, signed by the Secretary of State for Scotland and deposited at the offices of the Department of Agriculture and Fisheries for Scotland at Chesser House, Gorgie Road, Edinburgh EH11 3AW;

“eligible group” has the meaning assigned to that expression in paragraph 4;

“eligible person” has the meaning assigned to that expression in paragraph 3;

“farm-based industry” means—

(a)

the manufacture of craft items and tourist souvenirs;

(b)

food processing and the purification, carbonation and bottling of spring water;

(c)

the processing of timber;

(d)

the processing of agricultural produce for purposes other than human or animal consumption; or

(e)

the repair and renovation of agricultural machinery;

“farm shop” means a shop primarily used for the sale of the produce of the agricultural business of which the shop forms part;

“feasibility study plan” means a plan to study the feasibility of producing a new product on, or supplying a new service from, the land on which the agricultural business or specified farm business is carried on by an eligible person or by each member of an eligible group, by means of—

(a)

establishing a specified farm business or expanding an existing specified farm business; or

(b)

expanding, for purposes connected with the establishment, expansion or carrying on of a specified farm business, an agricultural business;

“food processing” means the application of any process or treatment to agricultural produce for the purposes of human consumption but does not include—

(a)

the cleaning and trimming of raw fruit and vegetables to which no further process or treatment is applied and the packaging of such fruit and vegetables;

(b)

the slaughter of livestock and the skinning and gutting of animal carcases;

(c)

any process or treatment applied for the purposes of the manufacture of wine; or

(d)

any process or treatment applied to cow’s milk for the purposes of the liquid consumption of that milk or for the purposes of the manufacture of any milk-based drink as defined in regulation 3 of the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983(5) and regulation 3 of the Milk-based Drinks (Scotland) Regulations 1983(6), and any process or treatment applied to any such milk-based drink;

“less-favoured area” means land which is within the area shaded blue or pink on the designated maps;

“livery” means the provision of accommodation and care for horses and ponies;

“marketing plan” means a plan to promote the specified farm business being carried on by an eligible person or by each member of an eligible group or to market, from the land on which the specified farm business is being carried on by an eligible person or by each member of an eligible group, anything produced or supplied in the course of a specified farm business;

“provision of accommodation”, in relation to persons, includes provision of facilities for camping and caravanning;

“specified farm business” means any business of a type specified in the Schedule to this Scheme consisting in, or such part of any business as consists in, a business which is carried on by a person who also carries on an agricultural business at the same time and on the same or adjacent land;

“sports” means any game or exercise other than field sports, horse riding and sports involving the use of motor vehicles, firearms or crossbows.

(2) Any reference in this Scheme to a numbered paragraph or“the Schedule” shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme or the Schedule to this Scheme.

(1)

1947 c. 48.

(2)

1948 c. 45.

(3)

1985 c. 6.

(4)

1965 c. 12.

(5)

S.I. 1983/1508; the relevant amending instrument is S.I. 1986/720.

(6)

S.I. 1983/1514; the relevant amending instrument is S.I. 1986/790.