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2003 No. 472

AGRICULTURE

Organic Farming (Conversion of Animal Housing) Scheme (Northern Ireland) 2003

  Made 5th November 2003 
  Coming into operation 17th December 2003 

The Department of Agriculture and Rural Development[1], in exercise of the powers conferred on it by Article 16(1) and (2) of the Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987[2] and of every other power enabling it in that behalf, and with the approval of the Department of Finance and Personnel, hereby makes the following Scheme:

Citation and commencement
     1. This Scheme may be cited as the Organic Farming (Conversion of Animal Housing) Scheme (Northern Ireland) 2003 and shall come into operation on 17th December 2003.

Interpretation
    
2. In this Scheme -

being the authority or private inspection body to whom the applicant has applied to carry out inspection functions in relation to that organic farm;

Payment of grant
     3. Subject to the provisions of this Scheme, the Department may make to any applicant who satisfies the conditions of eligibility set out in Article 6, a grant towards expenditure incurred by him for the purposes of, or in connection with, the carrying on of an agricultural business, being expenditure which -

Amount of grant
    
4.  - (1) Subject to paragraph (4) and Article 10, the amount of any grant payable under Article 3 towards expenditure in respect of any work or facility of a kind specified in any of paragraphs 1 to 4 in column 1 of the Schedule shall -

    (2) Subject to paragraphs (3) and (4), the Department may pay grant towards professional fees incurred by an applicant which are incidental to the carrying out of any work or the provision of any facility specified in any of paragraphs 1 to 4 in column 1 of the Schedule.

    (3) The maximum amount of grant payable under paragraph (2) in respect of an agricultural business shall be an amount equal to 12% of the grant-aided expenditure in respect of that business.

    (4) The maximum amount of grant payable under this Scheme in respect of an agricultural business is £30,000.

Form and content of applications for approval of expenditure and restriction on acceptance of applications
    
5.  - (1) An application for approval of expenditure by the Department for the purposes of a grant under this Scheme shall be made in such form and manner and within such time as the Department may from time to time require and the applicant shall furnish all such particulars and information relating to an application as the Department may require.

    (2) The Department shall not accept an application from an applicant who occupies his holding as a tenant unless the applicant has satisfied the Department that he has notified his immediate landlord in writing of the making of such application.

    (3) The Department shall not approve expenditure for the purposes of a grant under this Scheme unless it is satisfied that the applicant's organic farm will be economically viable.

Conditions of eligibility
    
6.  - (1) The conditions of eligibility referred to in Article 3 are that -

    (2) The undertakings referred to in paragraph (1)(b) are -

Restrictions on payment of grant
    
7.  - (1) The Department shall not pay grant under this Scheme in respect of any expenditure incurred by an applicant before the date on which his application is received by the Department.

    (2) The Department may not make more than one grant under this Scheme in respect of an agricultural business within any period of three years but this is without prejudice to the Department's power under Article 16(4) of the 1987 Order to make any payment by way of such a grant at such time, or by such instalments at such intervals or times, as the Department may determine.

Claims for grant
    
8.  - (1) Subject to paragraph (2), any claim for a grant shall be made in such form and manner and at such time as the Department may from time to time require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as the Department may require.

    (2) The Department shall not accept a claim for grant in respect of expenditure of less than £1,000.

Closing date for claims
    
9. The Department shall not pay any grant unless the claim for grant is received by the Department on or before 31st March 2005.

Reduction or withholding of grant
    
10.  - (1) The Department may reduce or withhold any grant payable under this Scheme in any case where -

    (2) Before reducing or withholding any grant under the provisions of paragraph (1), the Department shall -



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


5th November 2003.

L.S.


David Small
A senior officer of the Department of Agriculture and Rural Development


The Department of Finance and Personnel hereby approves the foregoing Scheme.



Sealed with the Official Seal of the Department of Finance and Personnel on


5th November 2003.

L.S.


Ciaran Doran
A senior officer of the Department of Finance and Personnel


SCHEDULE
Articles 3 and 4


ELIGIBLE WORKS AND FACILITIES


Column 1 Column 2 Column 3
     Rate of Grant in Less Favoured Area Rate of Grant Outside Less Favoured Area
     1. Construction of animal housing for the keeping of organic livestock or conversion of existing animal housing or any other type of building into housing for the keeping of organic livestock where (in both cases) the housing will comply with the standards for animal housing prescribed in Council Regulation 2092/91 other than -

75% 60%
(a) the provision of machinery or equipment in connection with such housing; and

         
(b) the provision of mobile housing.

         
     2. Provision of new machinery or equipment in connection with the construction of animal housing for the keeping of organic livestock or the conversion of existing animal housing or any other type of building into housing for the keeping of organic livestock where (in both cases) the housing will comply with the standards mentioned in paragraph 1.

50% 40%
     3. Provision of mobile housing for the keeping of organic livestock where the housing will comply with the standards mentioned in paragraph 1.

75% 60%
     4. Provision on an organic unit of storage facilities for farmyard manure or bedding materials.

50% 40%



EXPLANATORY NOTE

(This note is not part of the Scheme.)


This Scheme enables the Department of Agriculture and Rural Development ("the Department") to make grants in respect of capital expenditure incurred in relation to the provision of animal housing for the keeping of organic livestock and the provision of storage facilities for farmyard manure or bedding materials on organic farms (Article 3 and the Schedule).

The Scheme -

Copies of the designated map referred to in Article 2 may be inspected during normal office hours at the Offices of the Department at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.


Notes:

[1] Formerly the Department of Agriculture. See S.I. 1999/283 (N.I. 1) Article 3(4)back

[2] S.I. 1987/166 (N.I. 1)back

[3] O.J. No. L198, 22.7.91, p. 1back

[4] O.J. No. L85, 2.4.2003, p. 15back

[5] S.I. 1992/2111, the relevant amending instrument is S.I. 1994/2286back

[6] 1954 c. 33 (N.I.); section 1(f) was amended by S.I. 1999/663back



ISBN 0 33795275 2


  © Crown copyright 2003

Prepared 13 November 2003


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