{
  "url": "https://openlegislation.uk/hill-farm-allowance-regulations-2005/note",
  "json_url": "https://openlegislation.uk/hill-farm-allowance-regulations-2005/note.json",
  "legislation": "uksi/2005/154",
  "legislation_title": "The Hill Farm Allowance Regulations 2005",
  "legislation_url": "https://openlegislation.uk/hill-farm-allowance-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations implement Council Regulation (EC) No. 1257/1999 (O.J. L160, 26.6.1999, p.80) on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (“the Rural Development Regulation”), as last amended by Council Regulation (EC) No. 1783/2003 (O.J. No. L270, 21.10.2003, p.70), in so far as the Rural Development Regulation relates to less favoured areas. Commission Regulation 817/2004 (O.J. L153, 30.4.2004, p.30) laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (“the Commission Regulation”) lays down detailed rules for the application of the Rural Development Regulation. These Regulations also implement Chapter 9 of the England Rural Development Programme approved by the European Commission (Commission Decision No. C(2000) 3003) under Article 44 of the Rural Development Regulation.\nIn particular, these Regulations implement Articles 13, 14 and 15 of the Rural Development Regulation (which deal with support for less favoured areas) by defining the conditions of eligibility for hill farm allowance (regulations 3-6) and giving the rates at which it is to be paid (regulation 7 and Schedule 2).\nThe Regulations apply only to England except for paragraphs 1 and 2 of Schedule 4, and regulation 9 and the definition of “holding” (in regulation 2) insofar as it relates to those provisions, which apply to Scotland too. Paragraphs 1 and 2 of Schedule 4 enable the Secretary of State and the Scottish Ministers, in respect of holdings that are situated partly in England and partly in Scotland, to agree that the Secretary of State’s functions under these Regulations be exercised on her behalf by the Scottish Ministers, and to agree that the Scottish Ministers' functions under the regulations which implement the relevant provisions of the Rural Development Regulation in Scotland, be exercised on their behalf by the Secretary of State.\nProvision is made in paragraphs 3 to 5 of Schedule 4 in relation to holdings situated partly outside England (whether that part is in Scotland, Wales or Northern Ireland) for the setting off of sums payable as principal against sums recoverable as agent, and vice versa. They also provide for the apportionment of eligible forage area and livestock units in relation to such holdings.\nThese Regulations also amend the England Rural Development Programme (Enforcement) Regulations 2000 (S.I. 2000/3044, amended by S.I. 2001/431) (“the ERDP Regulations”) by adding a reference to these Regulations in Part II of the Schedule to the ERDP Regulations. The ERDP Regulations thus apply to these Regulations and, amongst other things, give authorised officers powers of entry to verify compliance, give the Secretary of State power to recover payments in the event of a breach of requirements under the Rural Development Regulation and these Regulations, and create offences of, and stipulate penalties for, making false or misleading statements and obstruction of an authorised officer. Penalties in respect of false declarations are also provided for by Article 72 of the Commission Regulation.\nCopies of the England Rural Development Programme, and Commission Decision No. C(2000) 3003 approving it, are available for inspection at the offices of the Department for Environment, Food and Rural Affairs, 17 Smith Square, London SW1P 3JR.\nA full regulatory impact assessment has not been prepared for this instrument as it has no impact on the costs of business.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/154/note",
    "retrieved_at": "2026-10-29T05:11:15.219001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}