Explanatory note
(This note is not part of the Scheme)
This Scheme provides for the payment of grants for carrying out proposals described in the Schedule for the organisation, promotion, encouragement, development, co-ordination or facilitation of the marketing of –
agricultural produce; or
anything derived from such produce.
These proposals must be intended to improve ICT Linkages (as defined in the Scheme) and expenditure on them must be approved by the Department of Agriculture and Rural Development (“the Department”).
The principal provisions of the Scheme are as follows –
Article 3(3) provides for the amount of grant and Article 3(5) allows for reductions where any approved expenditure is grant aided from any other public source.
Article 4 provides for applications for expenditure to be approved and Article 5 and the Schedule sets out the scope of the powers of the Department to approve the expenditure.
Article 6 allows for claims for grant where expenditure has been approved and Article 7 provides for the acceptance of such claims and for the imposition of conditions on the payment of grant.
Article 8 limits the amount of grants that can be paid in any one case.
Article 9 allows for beneficiaries to vary their proposal, and Article 10 entitles the Department to request information in relation to the proposal or approved expenditure.
Articles 11 to 13 specify the duties of beneficiaries upon the cessation of funding, provides for record keeping and for the release of a beneficiary from the conditions of grant in the event of a transfer of business.
Articles 14 to 16 allow for the Department to withhold the whole or any part of a grant payable to a beneficiary.
Article 17 gives the Department discretion to decide that further applications for grant shall not be accepted for a certain time.
Article 26(5) of the Agriculture (Northern Ireland) Order 1993 provides that the Department may, on demand recover any grant or any part of a grant paid with reference to the proposals, and may revoke the approval in whole or in part.
Article 27 provides that any person who, for the purpose of obtaining a payment under a Scheme under Article 26 for himself or another, knowingly or recklessly makes a statement which is false or misleading in a material respect shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.