# The Fisheries and Aquaculture Structures (Grants) Regulations 1995, Regulation 2: Interpretation


(1) In these Regulations, unless the context otherwise requires—
“application” means an application as described in regulation 3(1) and “applicant” shall be construed accordingly;
“the appropriate Minister” means, in relation to relevant operations in England, the Minister of Agriculture, Fisheries and Food and, in relation to relevant operations in Scotland, Wales or Northern Ireland, the Secretary of State;
“authorised officer” means an officer authorised in writing by the appropriate Minister for the purposes of these Regulations and includes any duly appointed official of the Commission who accompanies such an authorised officer;
“the Commission” means the Commission of the European Communities;
“the Commission Notice” means Commission Notice 94/C180 laying down guidelines for global grants or integrated operational programmes for which Member States are invited to submit applications for assistance within the framework of a Community initiative (the Pesca initiative) concerning the restructuring of the fisheries sector;
“Community aid” means aid available from the Financial Instrument for Fisheries Guidance and payable in accordance with the Community Acts;
“the Community Acts” means—
(a) Council Regulation (EEC) No. 2052/88 on the tasks of the Structural Funds and their effectiveness and on co-ordination of their activities between themselves and with the operations of the European Investment Bank and other existing financial instruments as amended;
(b) Council Regulation (EEC) No. 4253/88 laying down provisions for implementing Regulation (EEC) No.2052/88 as amended;
(c) Council Regulation (EEC) No. 2080/93 laying down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the Financial Instrument for Fisheries Guidance;
(d) the Council Regulation;
(e) the Commission Notice;
(f) Commission Decision 94/638/EC on the adoption of the single programming document for Community structural assistance in the Highlands and Islands Enterprise area concerned by Objective 1 in the United Kingdom; and
(g) Commission Decision 94/935/EC on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in the United Kingdom;
“the control period”, in relation to a relevant operation, means a period of three years commencing with the last payment of financial assistance in respect of that operation;
“the Council Regulation” means Council Regulation (EC) No. 3699/93 laying down the criteria and arrangements regarding Community structural financial assistance in the fisheries and aquaculture sector and the processing and marketing of its products;
“eligible expenditure” has the meaning assigned to it in regulation 3(2);
“financial assistance” means any amount by way of grant or Community aid;
“grant” means a fisheries and aquaculture structures grant under these Regulations;
“relevant conditions” means any conditions relating to an approval of an application which have been notified to the applicant under regulation 5(2)(b);
“relevant documents” has the meaning assigned to it in regulation 10;
“relevant operation” means—
(a) an investment or project in Great Britain in respect of which Community aid is claimed or paid in respect of—
(i) aquaculture (Article 11(1) of the Council Regulation);
(ii) the construction of protected underwater areas with a view to the development of coastal waters (Article 11(1) of the Council Regulation);
(iii) improvement of fishing port facilities (Article 11(1) of the Council Regulation);
(iv) processing and marketing of fisheries and aquaculture products (Article 11(1) of the Council Regulation);
(v) promotion of fisheries and aquaculture products (Article 12 of the Council Regulation);
(vi) any measure falling within Part IV of the Commission Notice;
(b) an investment or project in the United Kingdom in respect of which Community aid is claimed or paid in respect of the modernisation of fishing vessels as follows—
(i) any investments or projects where modernisation of the vessel takes the form of the acquisition, installation, modification, renewal or replacement of any equipment required for, or installed or used on or in, the vessel (excluding engines or other machinery for propelling the vessel or any items of a structural nature) for the purpose of obtaining for that vessel a fishing vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975;
(ii) as regards investments or projects where modernisation does not fall within paragraph (i) above modernisation measures in that part of Scotland known as the Highlands and Islands Enterprise area which fall within the single programming document for Community structural assistance approved by Commission Decision 94/638/EC
(Article 10(2) of the Council Regulation).
(2) Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Community Acts.
(3) Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.

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Source: https://www.legislation.gov.uk/uksi/1995/1576/regulation/2 (the official version)
Page: https://openlegislation.uk/fisheries-and-aquaculture-structures-grants-regulations-1995/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

