The Beef Special Premium Regulations 1996
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AGRICULTURE The Beef Special Premium Regulations 1996
1. These Regulations may be cited as the Beef Special Premium Regulations 1996, shall extend to Great Britain and shall come into force on 1st January 1997.
2.(1) In these Regulations, unless the context otherwise requires-
(2) Any reference in these Regulations to-
(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3.(1) The national administrative document referred to in Article 3 of Commission Regulation 3886/92 shall take the form of a document accompanying each specified animal. (2) A person holding an animal for which no national administrative document has been issued may apply to the appropriate Minister for a national administrative document for that animal. (3) An application for a national administrative document shall be made in such form as the appropriate Minister may reasonably require. (4) Following the receipt of such an application, together with such details about the animal to which that application relates as he may reasonably require, the appropriate Minister shall, subject to paragraph (5), issue to the person who made the application a national administrative document for that animal. (5) Notwithstanding paragraph (4), the appropriate Minister shall not issue a national administrative document for an animal to any person if any requirement of articles 8 to 14 of the Bovine Animals (Records, Identification and Movement) Order 1995 is being contravened in relation to that animal.
4.(1) No person shall sell a specified animal unless that animal is accompanied by a national administrative document relating to that animal. (2) Notwithstanding paragraph (1), a specified animal need not be accompanied by a national administrative document when it is sold if that animal has been imported into Great Britain during the period of three months preceding the date of such sale-
5.(1) On the death (howsoever caused), loss, theft, or export from Great Britain of an animal for which a national administrative document has been issued, the person holding the national administrative document relating to that animal shall, within three months of that death, loss, theft or export, surrender that document to the appropriate Minister. (2) Where an animal which has been lost or stolen is restored to the person referred to in paragraph (1) after its national administrative document has been surrendered to the appropriate Minister pursuant to that paragraph, the person concerned may apply to the appropriate Minister for a duplicate of the national administrative document issued for that animal. (3) Following the receipt of such an application, together with such details relating to that animal and such proof as he may reasonably require regarding its loss or theft and subsequent restoration, the appropriate Minister shall issue to the person who made such application a duplicate national administrative document for that animal.
6.(1) Where a national administrative document issued in respect of an animal has been lost, stolen or destroyed, the person then holding the animal to which that document relates may apply to the appropriate Minister for a duplicate of it. (2) Where an ear-tag identifying an animal for which a national administrative document has been issued is replaced with an ear-tag which has an identifying number different from the number specified on the ear-tag which it replaces, the person then holding that animal may apply to the appropriate Minister for a replacement national administrative document for it. (3) Following the receipt of an application under paragraph (1) or (2), together with such proof as he may reasonably require regarding the loss, theft or destruction of the national administrative document concerned or as the case may be the replacement of the ear-tag in question, the appropriate Minister shall issue to the person who made the application a duplicate or replacement national administrative document, as appropriate.
7.(1) Subject to paragraphs (3) and (4), a producer retaining an animal in the first age bracket on his holding may apply to the appropriate Minister for first premium in respect of that animal in relation to a given calendar year. (2) An application for first premium shall be made in such form as the appropriate Minister may reasonably require. (3) No application for first premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal. (4) No application for first premium shall be made by a producer-
8.(1) Subject to paragraphs (3) and (4), a producer retaining an animal in the second age bracket on his holding may apply to the appropriate Minister for second premium in respect of that animal in relation to a given calendar year. (2) An application for second premium shall be made in such form as the appropriate Minister may reasonably require. (3) No application for second premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal. (4) No application for second premium shall be made by a producer-
9.(1) Subject to paragraphs (3) and (4), a producer retaining a bull on his holding may apply to the appropriate Minister for bull premium in respect of that animal in relation to a given calendar year. (2) An application for bull premium shall be made in such form as the appropriate Minister may reasonably require. (3) No application for bull premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal. (4) No application for bull premium shall be made by a producer-
10. For the purposes of Article 4 of Commission Regulation 3886/92, an applicant may, when applying for Community premium, set the starting date for the commencement of the retention period for the animals specified in his application in accordance with the second paragraph of that Article.
11.(1) Subject to paragraph (2), where in the calendar year preceding any Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of animals which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other beasts likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification. (2) The appropriate Minister may in the caledar year preceding any Scheme year issue a notification under paragraph (1) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed. (3) Where the appropriate Minister has made a notification under paragraph (1) no Community premium shall be paid in respect of the Scheme year for which it was issued on any number of animals grazed and maintained in that Scheme year on the parcel of land to which the notification relates in excess of the maximum number of animals specified in the notification. (4) Where the appropriate Minister has made a notification under paragraph (1) and is satisfied that-
12.(1) Where in any Scheme year the applicant uses unsuitable supplementary feeding methods the appropriate Minister may, subject to paragraph (3), reduce or withhold the amount of Community premium otherwise payable to him in respect of that Scheme year in accordance with paragraph (2). (2) Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the amount of Community premium otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the amount of Community premium otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the amount of premium otherwise payable to him may be withheld. (3) Nothing in this regulation shall permit the appropriate Minister to penalise an applicant for using unsuitable supplementary feeding methods in a given Scheme year where he has already penalised that applicant in accordance with this regulation for that use by virtue of the fact that it occurred during any part of the previous Scheme year which fell within that given Scheme year.
13.(1) An applicant shall, in relation to an animal for which he has applied for Community premium, retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to that animal. (2) Without prejudice to the generality of paragraph (1), an applicant shall either-
14.(1) An authorised person may at all reasonable hours and on producing, if so required, some fully authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of-
(2) An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, land occupied by, or in the posession of-
(3) An authorised person who has entered any land by virtue of paragraph (2)(a) may inspect and count any animals on such land and read the ear-tags of any such animals. (4) An authorised person who has entered any land by virtue of paragraph (2)(b) may-
(5) An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary. (6) An authorised person may-
15. A person who has applied for a national administrative document, an applicant or any employee, servant or agent of such person or applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 14; and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested by the authorised person.
16. Where an applicant, or an employee, servant or agent of an applicant, intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from carrying out a specified control measure, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out a specified control measure, the appropriate Minister shall be entitled to recover on demand from that applicant the whole or any part of any Community premium paid to him and any additional amounts paid to him together with such premium.
17. Except where the appropriate Minister recovers from any applicant any Community premium or part of any such premium, or any additional amounts or part of any additional amounts, paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day-to-day basis for the period specified in that Article.
18. It shall be an offence for a person-
19.(1) A person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) A person guilty of an offence under regulation 18(b), (c) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
20.(1) Proceedings for an offence under regulation 18 may, subject to paragraph (2), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant those proceedings comes to his knowledge. (2) No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence. (3) For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings concerned came to his knowledge shall be conclusive evidence of that fact. (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. (5) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995[9] (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
21.(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
(2) For the purposes of paragraph (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate. (3) Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
22. The Beef Special Premium Regulations 1993[10], the Beef Special Premium (Amendment) Regulations 1994[11] and the Beef Special Premium (Amendment) Regula tions 1995[12] are revoked.
(This note is not part of the Regulations)
ISBN 0 11 063550 7 Notes: [3] OJ No. L391, 31.12.92, p. 20, as last amended by Commission Regulation (EC) No. 2311/96 (OJ No. L313, 3.12.96, p. 9). back [4] OJ No. L391, 31.12.92, p. 36, as last amended by Commission Regulation (EC) No. 2015/95 (OJ No. L197, 22.8.95, p. 2). back [5] OJ No. L148, 28.6.68, p. 24 (OJ/SE 1968, vol. I, p. 187), as last amended by Council Regulation (EC) No. 2222/96 (OJ No. L296, 21.11.96, p. 50). back [7] S.I. 1960/105; (S.I. 1960/105, to the extent it relates to bovine animals, was revoked with savings by S.I. 1995/12). back [8] S.I. 1990/1867, (S.I. 1990/1867 was revoked with savings by S.I. 1995/12). back |
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