The Farm Business Non-Capital Grant Scheme 1988

Variation and withdrawal of feasibility study plans and marketing plans

7.—(1) For the purposes of this Scheme and in respect of an approved feasibility study plan, the appropriate Minister may, at any time, upon the written request of the eligible person or eligible group responsible for submitting the plan, permit that person or group to withdraw from carrying out the plan.

(2) Where an eligible person or eligible group has withdrawn from carrying out a feasibility study plan under sub-paragraph (1) above, the appropriate Minister shall not make a payment of grant in respect of expenditure incurred in respect of that plan and the eligible person may, at any time, submit a different feasibility study plan or the same plan to that Minister for approval.

(3) If the eligible person or eligible group responsible for submitting the feasibility study plan submits to the appropriate Minister a declaration in writing made by the person nominated to implement that plan under paragraph 5(3)(d) to the effect that the production of the new product or the supply of the new service to which the plan relates will not be feasible and that no further work can usefully be undertaken pursuant to the plan, that Minister may permit that person or group to withdraw from carrying out the plan and may make a payment of grant, subject to the provisions of this Scheme, in respect of expenditure which has been incurred at the time of the said declaration.

(4) For the purposes of this Scheme and in respect of an approved marketing plan, the appropriate Minister—

(a) may, upon the written request of the eligible person or eligible group responsible for submitting the plan, permit a variation thereto provided that—

(i) the written request is made simultaneously with the application for payment of grant, in accordance with conditions specified pursuant to paragraph 11, and is made after the period of one year from the commencement of the plan, and

(ii) the additional expenditure, if any, to be incurred as a result of the variation does not exceed the total expenditure specified, in accordance with paragraph 5, in respect of the marketing plan originally approved by a percentage rate to be determined by that Minister from time to time;

(b) shall, at any time, upon the written request of the eligible person or eligible group responsible for submitting the plan, permit that person or group to withdraw from carrying out the plan.

(5) Where an eligible person or eligible group has withdrawn from carrying out a marketing plan under sub-paragraph (4)(b) above—

(a) the appropriate Minister shall, upon a claim made by that person in accordance with conditions specified pursuant to paragraph 11, make a payment of grant, subject to the provisions of this Scheme, in respect of expenditure which has been incurred at the time of the withdrawal;

(b) that person or group may, provided that no payment of grant has been made under sub-paragraph (5)(a), submit a differrent marketing plan or the same plan to the appropriate Minister for approval.