Scheme made by the Minister of Agriculture, Fisheries and Food and the Secretaries of State for Scotland and for Wales, laid before Parliament under section 29(2) of the Agriculture Act 1970, for approval by resolution of each House of Parliament within forty days beginning with the day on which the Scheme was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

1995 No. 890

AGRICULTURE

HORTICULTURE

The Farm and Conservation Grant (Variation) Scheme 1995

Made23rd March 1995

Laid before Parliament28th March 1995

Coming into force15th May 1995

The Minister of Agriculture, Fisheries and Food and the Secretaries of State for Scotland and for Wales, acting jointly, in exercise of the powers conferred on them by sections 28 and 29 of the Agriculture Act 19701 and of all other powers enabling them in that behalf, with the approval of the Treasury, hereby make the following Scheme:

Title and commencement

1.

This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1995 and shall come into force on 15th May 1995.

Variation of the principal Scheme

2.

The Farm and Conservation Grant Scheme 19892 shall be further varied in accordance with the following paragraphs of this Scheme.

3.

In paragraph 3(1) (payment of grants), after sub-paragraph (a)(vi) there shall be inserted the following sub-paragraph:—

“(vii)
on or after 15th May 1995 in respect of any work, facility or transaction of a kind specified in paragraphs 9C or 9D in column 1 of Schedule 1;”.

4.

In paragraph 5 (amounts of grant), in sub-paragraphs (1) and (4), for the words “paragraphs 1 to 9B” there shall be substituted the words “paragraphs 1 to 9D”.

5.

In Schedule 1 (Eligible works, facilities and transactions and rates of grant)—

(a)

after paragraph 9B, there shall be inserted the following paragraphs:—

“9C.
Enclosure with stockproof fencing of land which is the subject of management obligations under the Habitat (Water Fringe) (Wales) Regulations 19943 or the Habitat (Coastal Belt) (Wales) Regulations 19944 where the Secretary of State—
(a)
has accepted an application for aid under either of those Regulations from the claimant for grant under this Scheme; or
(b)
has accepted an undertaking under regulation 6(1) of either of those Regulations to comply with the management obligations relating to that land from the claimant for grant under this Scheme.
40
40
9D.
Where the Secretary of State for Scotland has accepted from the claimant for grant under this Scheme an application for aid under regulation 7 of the Habitats (Scotland) Regulations 19945 in respect of a waterside habitat site within the meaning of Schedules 1 and 6 of those Regulations, enclosure of that site with stockproof fencing.
40
40”;

(b)

in paragraph 10, for the words “paragraphs 1 to 9B” there shall be substituted the words “paragraphs 1 to 9D”.

Howe

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

20th March 1995

Signed by the authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

21st March 1995

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

17th March 1995

We approve,

T J R Wood

Timothy Kirkhope

Two of the Lords Commissioners of Her Majesty’s Treasury

23rd March 1995

(This note is not part of the Scheme)

This Scheme further varies the Farm and Conservation Grant Scheme 1989 and complies with Article 12 of Council Regulation (EEC) No. 2328/91 (OJ No.L218, 6.8.91, p.1) on improving the efficiency of agricultural structures.

In relation to expenditure incurred on or after 15th May 1995 the Scheme provides for grant to be payable towards the cost of protective fencing on land which is the subject of management obligations in Wales under the Habitat (Water Fringe) (Wales) Regulations 1994 (S.I. 1994/3100) or the Habitat (Coastal Belt) (Wales) Regulations 1994 (S.I. 1994/3101) or in Scotland under the Habitats (Scotland) Regulations 1994 (S.I. 1994/2710) with a view to the protection or improvement of a wildlife habitat.

In relation to expenditure of a similar nature in England, the Farm and Conservation Grant (Variation) Scheme (S.I. 1994/1302) came into force on 30th June 1994.

“9C. Enclosure with stockproof fencing of land which is the subject of management obligations under the Habitat (Water Fringe) (Wales) Regulations 19943 or the Habitat (Coastal Belt) (Wales) Regulations 19944 where the Secretary of State— (a) has accepted an application for aid under either of those Regulations from the claimant for grant under this Scheme; or (b) has accepted an undertaking under regulation 6(1) of either of those Regulations to comply with the management obligations relating to that land from the claimant for grant under this Scheme.	40	40
9D. Where the Secretary of State for Scotland has accepted from the claimant for grant under this Scheme an application for aid under regulation 7 of the Habitats (Scotland) Regulations 19945 in respect of a waterside habitat site within the meaning of Schedules 1 and 6 of those Regulations, enclosure of that site with stockproof fencing.	40	40”;