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Regulation 3 Eligible persons

Original text. Later amendments are not shown.

(1)

Subject to the provisions of these Regulations, the following classes of person shall be eligible for a grant under these Regulations:

(a)

an individual carrying on an eligible agricultural business if the appropriate Minister is satisfied that that individual or, as the case may be, the farm manager or other person through whom the business is carried on—

(i)

derives not less than half of his annual income, calculated in accordance with the provisions of paragraph (2) below, from agricultural activities relating to that business and any qualifying activity carried on by him on land to which the business or a qualifying business relates,

(ii)

derives not less than one quarter of his annual income, so calculated, from agricultural activities relating to the agricultural business,

(iii)

spends time in such agricultural and qualifying activities amounting to at least 1,100 hours per year, and

(iv)

possesses sufficient agricultural skill and competence, in that he holds an appropriate certificate issued by a teaching establishment recognised for this purpose by that Minister or has been engaged in agricultural activities for not less than five years;

(b)

any person representing a body carrying on an eligible agricultural business if the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on meets the requirements specified in sub-paragraph (a)(i) to (iii) above, and possesses sufficient agricultural skill and competence, as specified in sub-paragraph (a)(iv) above;

(c)

persons carrying on an eligible agricultural business in partnership if the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on meets the requirements specified in sub-paragraph (a)(i) to (iii) above and possesses sufficient agricultural skill and competence, as specified in sub-paragraph (a)(iv) above;

(d)

the owner of land occupied for the purposes of an eligible agricultural business who makes an application for approval of an improvement plan relating to such land jointly with one of the kinds of person eligible for grant under sub-paragraph (a), (b) or (c) above.

(2)

For the purposes of this regulation a person’s annual income shall be calculated in each case by reference to the financial year immediately preceding the day on which the improvement plan is submitted or such other period as the appropriate Minister shall determine, being a period which he is satisfied gives a fair indication of the normal amount of income of that person and the normal amount of income derived from agricultural activities in the business and (as the case may be) qualifying activities by that person.

(3)

For the purposes of this regulation—

  • “qualifying business” means a business consisting in the pursuit of a qualifying activity where that business is carried on by the person also carrying on the eligible agricultural business on the same or adjacent land;

  • “qualifying activity” means any activity carried on for the purpose of—

    1. (a)

      forestry;

    2. (b)

      tourism, including the provision of any of the following: accommodation; food and drink; facilities for camping and caravanning; facilities for sports and recreation; educational facilities relating to farming and the countryside; accommodation and care for horses and ponies; or horses and ponies for hire;

    3. (c)

      craft activities, including the manufacture and sale of craft items or tourist souvenirs; or

    4. (d)

      maintaining the countryside, including the conservation and enhancement of the natural beauty of an area, the conservation of the flora or fauna or geological or physiographical features of an area, or the protection of buildings or other objects of archaeological, architectural or historic interest in an area, where aid is paid in respect of that activity out of money provided by Parliament, by any local authority or other statutory body, or by the European Economic Community.

(4)

Where a person eligible for grant under paragraph (1) above is a contractor, it shall be a further condition of eligibility that he has entered into a written agreement for the supply of agricultural work or services with the occupier of the land on which the eligible business is carried on, which agreement is expressed to continue in force for a period of not less than seven years from the day immediately preceding the day on which the improvement plan is submitted.