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Statutory Instrument 2001 No. 1117The Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001(The document as of February, 2008) STATUTORY INSTRUMENTS2001 No. 1117SEA FISHERIES, ENGLANDFISH FARMING, ENGLANDThe Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001
The Minister of Agriculture, Fisheries and Food, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations: Title, commencement and application 1. - (1) These Regulations may be cited as the Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 and shall come into force on 25th April 2001. (2) These Regulations shall apply in relation to England only. Interpretation 2. - (1) In these Regulations, unless the context otherwise requires -
(b) for the purposes of exercising any functions required by the Minister under regulation 11 to be exercised by it, by the Authority and includes any duly appointed official of the Commission who accompanies such an authorised officer;
(b) Council Regulation (EC) No. 1263/1999 on the Financial Instrument for Fisheries Guidance[4]; (c) Council Regulation 2792/1999; (d) Commission Decision (EC) No. 1999/501 of 1 July 1999 fixing an indicative allocation by Member States of the commitment appropriations for Objective 1 of the Structural Funds for the period 2000 to 2006[5]; (e) Commission Decision (EC) No. 1999/502 of 1 July 1999 drawing up the list of regions covered by Objective 1 of the Structural Funds for the period 2000 to 2006[6]; (f) Commission Regulation (EC) No. 1685/2000 laying down detailed rules for the implementation of Council Regulation (EC) 1260/1999 as regards eligibility of expenditure of operations co-financed by the structural funds[7]; (g) Commission Decision No. C(2000) 2046 of 24 July 2000 approving the Single Programming Document for Community structural assistance under Objective 1 in the region of Cornwall and the Isles of Scilly in the United Kingdom; (h) Commission Decision No. C (2000) 2047 of 24 July 2000 approving the Single Programming Document for Community structural assistance under Objective 1 in the region of Merseyside in the United Kingdom; (i) Commission Decision No. C (2000) 4298 of 27 December 2000 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1; (j) Commission Regulation (EC) No. 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds[8]; and (k) Commission Regulation (EC) No. 448/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the procedure for making financial corrections to assistance granted under the Structural Funds[9].
(2) Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Community legislation.
(ii) of expenditure incurred or to be incurred in connection with that operation; and (b) whose application he has approved. (2) In determining under paragraph (1)-
(b) the amount of any such grant he may make, the Minister shall have regard to the requirements of the Community legislation and, in particular, the limits on total State financial participation (national, regional and other) as set out in Annex IV to Council Regulation 2792/1999.
(b) approve it in whole or in part and either unconditionally or subject to such conditions as he may determine. (2) The Minister may from time to time vary an approval by amending any condition to which it has been made subject or by adding further such conditions.
(b) notify beneficiaries of any conditions to which an approval has been made subject and of any conditions which have been amended or added pursuant to this regulation. (4) Where the Minister notifies an applicant in accordance with paragraph (3) that he has refused to approve an application or a beneficiary that he has granted an approval subject to conditions or has varied the terms of an existing approval, he shall give such applicant or beneficiary -
(b) an opportunity to make representations in relation thereto within such time as the Minister considers reasonable and has notified to the applicant or beneficiary. (5) Where the Minister has received any representations in accordance with paragraph (4) above he shall consider them and may confirm his decision or substitute a different decision.
(b) satisfactory evidence that the approved operation, or the part of the operation to which the payment in question relates, has been properly carried out. Method of payment of financial assistance
(b) subject to such conditions, as the Minister may reasonably determine and any conditions in relation to any payment shall be notified to the beneficiary in writing.
(b) during the carrying out of the approved operation, on completion of the approved operation and thereafter for the duration of the control period retain such record together with any relevant documents, except to the extent that an authorised officer has removed and retained any of the same under regulation 13(5). (2) For the purposes of this regulation the "control period" means in relation to an approved operation:
(b) that six year period plus such further period as has been notified by the Minister to the recipient of financial assistance at any time before the expiry of that initial six year period, but in determining in either case the date on which the control period shall come to an end no account shall be taken of any time between the commencement and final determination or settlement of any proceedings brought under regulation 15 for the recovery of any financial assistance paid in respect of that approved operation.
(b) ascertaining whether and to what extent any expenditure in respect of which financial assistance is claimed should be approved; (c) ascertaining whether and to what extent any undertakings given by a beneficiary under regulation 8 and any relevant conditions have been complied with; (d) ascertaining whether and to what extent any amount of financial assistance is payable, or should be reduced, withheld or recovered under regulation 15; (e) ascertaining whether an offence under regulation 17 has been or is being committed; or (f) otherwise ascertaining, pursuant to Article 38 of Regulation 1260/1999, whether Community aid is being efficiently and correctly used, and such powers shall be exercisable for those purposes on a random, spot check or sample basis as well as by reference to the particular circumstances or suspected circumstances of individual cases.
(b) inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents; (c) require that copies of, or extracts from, any relevant documents be produced; or (d) remove and retain for a reasonable period any such relevant document which he has reason to believe may be required as evidence in proceedings under these Regulations or which the Minister may be required to make available to the Commission pursuant to Article 38(6) of Regulation 1260/1999 and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible. (6) In this regulation -
Protection of officers
(b) the application so approved (or any part of it) was not an application (or part) which the beneficiary was eligible to make; (c) the beneficiary or an employee, servant or agent of a beneficiary-
(ii) has intentionally obstructed any authorised officer in the exercise of his powers under regulation 13; or (iii) has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect; (d) the approved operation was commenced before the date on which the Minister gave written permission to do so; he may revoke the approval in whole or in part and may reduce or withhold any financial assistance in respect of the approved operation and, where payment by way of financial assistance has been made, may on demand recover as a debt an amount equal to the whole or any part of the payment which has been so made.
(b) the damage or destruction of any relevant equipment resulting in payment under an insurance policy or by way of compensation or damages; (c) a mortgage of the vessel (other than a mortgage created for the raising of money applied to the cost of construction or modernisation of the vessel, being a mortgage approved by the Minister before it was made); (d) the use of the vessel primarily for purposes other than those in respect of which financial assistance was approved; (e) a disposal whether by sale or otherwise of the vessel or any part thereof, its engine or any part thereof or any relevant equipment or other equipment or apparatus used on or in connection with the vessel; or (f) the vessel ceasing to be a Community fishing vessel. (3) The events mentioned in sub-paragraph (j) of paragraph (1) above are -
(b) the damage or destruction of any relevant equipment, premises, or works resulting in payment under an insurance policy or by way of compensation or damages; (c) the creation of a right in security over the relevant equipment, premises, or works (other than a right in security created for the raising of money applied to the cost of construction or modernisation of the relevant equipment, premises, or works, being a right in security approved by the Minister before it was made); (d) the use of the relevant equipment, premises, or works primarily for purposes other than those in respect of which financial assistance was approved; or (e) a disposal whether by sale or otherwise of the relevant equipment, premises, or works or any part thereof. (4) Where sub-paragraph (i) or (j) of paragraph (1) above applies and none of the other sub-paragraphs of that paragraph applies, the maximum amount which the Minister may recover from a beneficiary pursuant to that paragraph shall be an amount representing the unexpired part of the ten, or as the case may be five or six, year period calculated as a proportion of the total payment of financial assistance.
(b) afford the beneficiary the opportunity of making written representations within such time as the Minister considers reasonable; and (c) consider any representations. Recovery of interest
(b) in purported compliance with a requirement imposed under regulation 4(2) or 13(5)(a) or (c) knowingly or recklessly produces a document which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
(b) fails to comply with a request made under regulation 12; or (c) intentionally refuses to supply any information, make any return, or produce any document when required to do so by, or otherwise intentionally obstructs, an authorised officer (or a person accompanying him and acting on his instructions) acting in exercise of a power conferred by regulation 13, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(b) a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved. (6) Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly. (This note is not part of the Regulations) These Regulations, which apply in relation to England only, supplement the Community legislation as defined and listed in regulation 2 ("the Community legislation"). The Community legislation provides, among other things, for assistance ("Community aid") to be paid during a period of seven years beginning on 1 January 2000 from the Financial Instrument for Fisheries Guidance ("FIFG") in respect of certain categories of investments, projects and actions ("relevant operations") in the fisheries and aquaculture sector and the industry sector processing and marketing its products. These Regulations provide for and regulate the payment of grants and Community aid by the Minister of Agriculture, Fisheries and Food (the "Minister") towards expenditure in respect of relevant operations which the Minister has approved in accordance with these Regulations and the Community legislation. The Regulations (regulations 3,4 and 5) lay down a procedure for applications for the approval of relevant operations and expenditure to be made and approved for the purpose of the payment of Community aid and, if the Minister so determines, grant in addition to that aid (such aid and grant being together referred to as "financial assistance"). In determining whether to pay grant in addition to Community aid and, if he determines to pay grant, the amount to be paid, the Minister is required to have regard to the requirements of the Community legislation (regulation 3). Among other things Community legislation requires a certain level of financial participation by Member States to enable relevant operations to qualify for Community aid, the requisite levels of participation being set out in Annex IV to Council Regulation (EEC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ No. L 337, 30.12.1999, p.10). Payment of financial assistance is dependent on the provision of satisfactory evidence of the expenditure incurred and of the proper execution of the relevant operation (regulation 6). Provision is made concerning the method of payment of financial assistance (regulation 7) and the Minister may require undertakings to be given by a person whose application is approved (regulation 8). Provision is made (regulation 9) for persons whose applications for financial assistance have been approved ("beneficiaries") to supply to the Minister such information as he may from time to time reasonably require and (under regulation 10) for them to retain certain records for a period of six years (which period may be extended by the Minister). Provision is made for the Minister to require the Sea Fish Industry Authority ("the Authority") from time to time to exercise any of his functions under these Regulations and in relation to the keeping of accounts and records by the Authority where it has made or received payments in the exercise of any such functions (regulation 11). Applicants are required, on request, to give assistance to authorised officers of the Minister, who are given powers of entry and inspection for specified purposes (regulations 12 to 14). Provision is made for the reduction, withholding and recovery, in certain circumstances, of financial assistance (regulations 15 and 16). Offences are created in relation to breach of requirements imposed by or under the Regulations and penalties are specified (regulations 17 and 18). No Regulatory Impact Assessment has been prepared in respect of these Regulations. Copies of Commission Decisions Nos. C(2000) 2046 and C(2000) 2047 approving the Single Programming Documents for the Cornwall and Isles of Scilly and Merseyside Objective 1 regions and of Commission Decision No. C(2000) 4298 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1 (each as referred to in regulation 2) are available for inspection, together with the Single Programming Documents at the Library of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2HH. Notes: [1] S.I. 1972/1811.back [2] 1972 c.68.back [3] OJ No. L389, 31.12.92, p.1.back [4] OJ No. L161, 26.6.1999, p.54.back [5] OJ No. L194, 27.7.1999, p.49.back [6] OJ No. L194, 27.7.1999, p.53.back [7] OJ No. L193, 29.7.2000, p.39.back [8] OJ No. L63, 3.3.2001, p.21.back [9] OJ No. L64, 6.3.2001, p.13.back [10] OJ No. L161, 26.6.1999, p.1.back [11] OJ No. L337, 30.12.1999, p.10.back [12] 1981 c.29.back ISBN 0 11 029295 2 -- Back --
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