Regulation 5 Approval of projects

(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 M1.

(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.

Annotations