PART 2Grant for Satellite-Tracking Devices

Interpretation of Part 2I13

In this Part—

  • “approved supplier” (“cyflenwr cymeradwy.”) means the provider and installer of satellite-tracking devices selected by the Welsh Ministers and published in the invitation for applications for grant pursuant to paragraph 4(1) of this Scheme; and

  • “satellite-tracking device” (“dyfais olrhain drwy loeren”) has the same meaning as in Article 2(9) of the Implementing Regulation.

Annotations:
Commencement Information
I1

Para. 3 in force at 31.12.2012, see para. 1(1)

Invitation to apply for grantI24

1

The Welsh Ministers may from time to time publish an invitation for applications for a grant for a satellite-tracking device.

2

An invitation must contain—

a

details of the satellite tracking device and approved suppliers;

b

details of conditions of eligibility for a grant;

c

requirements as to the form and manner of making an application;

d

any requirements for providing documents, information and undertakings in support of the application;

e

the closing date for making an application; and

f

any other information the Welsh Ministers consider relevant to an application.

Annotations:
Commencement Information
I2

Para. 4 in force at 31.12.2012, see para. 1(1)

Eligibility to make an applicationI35

1

A person may apply to the Welsh Ministers for a grant for a satellite-tracking device, in accordance with the provisions of this Scheme, if the person—

a

is the master, owner or charterer of an eligible Welsh fishing boat; and

b

has purchased from an approved supplier, or has commissioned an approved supplier to supply, a satellite-tracking device for use on that boat.

Annotations:
Commencement Information
I3

Para. 5 in force at 31.12.2012, see para. 1(1)

ApplicationsI46

1

An application for a grant must be made in writing to the Welsh Ministers in accordance with the requirements of the invitation made under paragraph 4(1).

2

Save as provided in sub-paragraph (3), an application must be received by the Welsh Ministers on or before the closing date.

3

The Welsh Ministers may accept an application after the closing date if satisfied that—

a

the particular circumstances of the applicant render it unreasonable to expect the application to be made by the closing date; and

b

the date by which the application is made is as early as can reasonably be expected.

4

The Welsh Ministers may, before determining any application, require the applicant to provide any additional information.

Annotations:
Commencement Information
I4

Para. 6 in force at 31.12.2012, see para. 1(1)

Determination of applicationsI57

1

As soon as reasonably practicable after the closing date, or after the supply of any additional information requested pursuant to paragraph 6(4), the Welsh Ministers must—

a

identify and approve, subject to such conditions as they consider appropriate, those applications made in pursuance of an invitation made under paragraph 4(1) which satisfy the provisions of this Scheme; and

b

reject any other applications.

2

The Welsh Ministers must reject an application if they are of the opinion that the port of administration of the fishing boat has been changed to a port in Wales for the primary purpose of ensuring that the fishing boat is an eligible Welsh fishing boat for the purposes of this Scheme.

3

Where the Welsh Ministers approve an application under sub-paragraph (1)(a), they must notify the applicant in writing of that approval and any conditions to which it is subject.

4

Where the Welsh Ministers reject an application under sub-paragraphs (1)(b) or (2), or approve an application subject to any condition under sub-paragraph (1)(a), they must notify the applicant in writing of—

a

the reasons for that rejection or approval subject to condition(s); and

b

the right to apply for a review under paragraph 18.

Annotations:
Commencement Information
I5

Para. 7 in force at 31.12.2012, see para. 1(1)

Payment of grantI68

1

The Welsh Ministers may make payment of a grant, or of any part of it, after the application has been approved under paragraph 7(1) and the Welsh Ministers are satisfied that—

a

the approved supplier has supplied the applicant with a satellite tracking device which has been installed in the eligible Welsh fishing boat;

b

the applicant has successfully used the satellite tracking device to transmit position data at regular intervals in accordance with the requirements of the Control Regulation; and

c

any condition for payment of the grant, or any part of it, has been complied with.

2

The Welsh Ministers may—

a

make payment of the grant to the applicant or direct to the approved supplier on behalf of the applicant; and

b

make payment of the grant at such time, or by such instalments at such intervals or times, as the Welsh Ministers may determine.

Annotations:
Commencement Information
I6

Para. 8 in force at 31.12.2012, see para. 1(1)

Amount of GrantI79

The amount of the grant—

a

must not exceed the cost of purchase or supply of the satellite-tracking device; and

b

may be such lesser amount as determined by the Welsh Ministers.