Statutory Instrument 1988 No. 1982

The Agriculture Improvement (Amendment) (No. 2) Regulations 1988

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© Crown Copyright 1988

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1988 No. 1982

AGRICULTURE
HORTICULTURE

The Agriculture Improvement (Amendment) (No. 2) Regulations 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:

Citation and commencement
    1.    These Regulations may be cited as the Agriculture Improvement (Amendment) (No. 2) Regulations 1988 and shall come into force on 17th November 1988.

Saving
    2.    These Regulations shall not apply in relation to any claim for grant towards expenditure incurred for the purposes of the Agriculture Improvement Regulations 1985(^[3] (hereinafter called "the principal Regulations") before 17th November 1988, and these Regulations shall not affect the operation of the principal Regulations in relation to any such claim for grant.

Amendment of principal Regulations
    3.    The principal Regulations shall be amended in accordance with regulations 4 to 12 below.

    4.    In regulation 2 thereof (interpretation) there shall be substituted for paragraph (2) the following paragraph—
"  (2)  Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations." .

    5.    For the words "the Schedule" in each place where they occur in the principal Regulations (as amended by regulation 4 above) there shall be substituted the words "Schedule 1".

    6.    In regulation 6(3) thereof (restrictions on approval of improvement plans)—
 (a) in sub-paragraph (g) there shall be inserted after the words "proposed expenditure" the words ", other than in relation to any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2,";
 (b) in sub-paragraphs (m) and (n) there shall be inserted at the end the words "unless the excess expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 2".

    7.    In regulation 9(1)(a) thereof (improvement grants) at the end the word "and" shall be omitted and there shall be inserted the following paragraph—
"(iii) in relation to the Isles of Scilly only, any of paragraphs 1 to 5 in column 1 of Schedule 2; and" .

    8.    In regulation 10 thereof (amounts of grant under regulation 9(1))—
 (a) in paragraph (2) there shall be inserted after the words "In the case of any" the word "such";
 (b) after paragraph (2) there shall be inserted the following paragraph—
"  (2A)  Subject to the provisions of this regulation and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule." ;

 (c) in paragraph (3) (as amended by regulation 5 above) there shall be inserted after the words "Schedule 1" the words "or in column 2 of Schedule 2".

    9.    In regulation 12(2) (claims for grant) there shall be inserted after sub-paragraph (b) the following sub-paragraph—

"(c) any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2 unless the claim for grant is received by him on or before 16th November 1994".

    10.    After regulation 12 thereof there shall be inserted the following regulation—

"12A. The appropriate Minister shall not pay grant under these Regulations in relation to any expenditure incurred on or after 17th November 1993 in respect of any work, facility or transaction which is of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 2.".

    11.    For the heading "SCHEDULE" in the Schedule to the principal Regulations there shall be substituted the heading "SCHEDULE 1".

    12.    The Schedule to these Regulations shall be inserted after the existing Schedule to the principal Regulations as Schedule 2 thereto.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th November 1988.

John MacGregor

Minister of Agriculture, Fisheries and Food


Peter Walker

Secretary of State for Wales

11th November 1988!00

[1] 1972 c. 68. back

[2] S.I. 1972/1811. back

[3] S.I. 1985/1266, amended by S.I. 1987/1950, 1988/1201. By S.R. (N.I.) 1987 No. 156 the Agriculture Improvement Regulations were revoked in so far as they formed part of the law of Northern Ireland. back

Explanatory Note