Statutory Instrument 2000 No. 3043

The Rural Enterprise Regulations 2000

---

© Crown Copyright 2000

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Rural Enterprise Regulations 2000, ISBN 0 11 018805 5. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"Council Regulation 1257/1999/EC" means Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)[3];

"electronic communication" has the same meaning as in the Electronic Communications Act 2000[4];

"the ERDP" means the England Rural Development Programme approved by the Commission in the Decision referred to in the Schedule to these Regulations, and "the relevant part of the ERDP" means that part of the ERDP which relates to expenditure for which support may be granted pursuant to Article 4 or 33 of Council Regulation 1257/1999/EC;

"financial assistance" means an amount paid or payable under these Regulations; and

"the Minister" means the Minister of Agriculture, Fisheries and Food.

    (2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.

Assistance for rural enterprise
     3. The Minister may pay financial assistance to a beneficiary towards expenditure incurred or to be incurred by him in connection with an approved project.

Applications in respect of projects
     4. An application for the approval of a project shall be made in such form and contain such information as the Minister reasonably may require.

Approval of projects
     5.  - (1) The Minister may - 

(a) refuse to approve a project for the receipt of financial assistance, or

(b) approve it in whole or in part, unconditionally or subject to such conditions as he may determine,

but he shall not approve it unless he is satisfied that the project - 

(i) is eligible for Community assistance;

(ii) is in accordance with the relevant part of the ERDP; and

(iii) is not a project which is eligible for financial assistance under the Energy Crops Regulations 2000[5].

    (2) The Minister may vary an approval by varying any condition to which it is subject, or imposing conditions.

    (3) Where the Minister decides to refuse approval for a project under paragraph (1) or to vary an approval under paragraph (2), he shall - 

(a) give the applicant or beneficiary, as the case may be, notice in writing of his decision with a statement of his reasons;

(b) give that applicant or beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and

(c) consider any such representations.

    (4) An approval or variation under this regulation shall be in writing.

Claims
     6. A claim for financial assistance shall be made at such time or within such period and in such form, and be accompanied by such information, as the Minister reasonably may require.

Payment
     7.  - (1) The Minister may pay financial assistance by payment of a single lump sum or by instalments.

    (2) Payments may be made - 

(a) at such time or times as the Minister reasonably may determine; and

(b) subject to such conditions as the Minister reasonably may determine.

Information
     8.  - (1) A beneficiary shall supply the Minister such information about an approved project as the Minister reasonably may require.

    (2) Where the Minister requires such information, the beneficiary shall supply him with it within such period as the Minister reasonably may determine.

Record keeping
     9.  - (1) A beneficiary shall keep any invoice, account or other document relating to an approved project for the period of six years beginning with the day on which the last payment of financial assistance under these Regulations is made to him in connection with that project, subject to paragraphs (2) and (3).

    (2) If a beneficiary transfers the original of any such document to another person in the normal course of business, he shall instead keep a copy of that document for that period.

    (3) Paragraph (1) shall not apply where the document has been removed by any person lawfully authorised to remove it.


Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

9th November 2000

[2] 1972 c. 68.back

[3] OJ No. L160, 26.6.1999, p. 80.back

[4] 2000 c. 7.back

[5] S.I. 2000/3042.back