The Rural Development Programmes (Wales) Regulations 2014

CitationSI 2014/3222

2014No. 3222 (W. 327)

AGRICULTURE, WALES

The Rural Development Programmes (Wales) Regulations 2014

8December2014

9December2014

1January2015

The Welsh Ministers are designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972. It appears to the Welsh Ministers that it is expedient for the references to the European Union instruments in these Regulations to be construed as references to those instruments as amended from time to time.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to the European Communities Act 1972( 3).

Title, commencement and application

1. (1) The title of these Regulations is the Rural Development Programmes (Wales) Regulations 2014.

(2) These Regulations come into force on 1 January 2015 and apply in relation to Wales.

Interpretation

2. (1) In these Regulations, unless the context requires otherwise-

"approved operation" ("gweithrediada gymeradwywyd") means an operation which the Welsh Ministers have approved in writing for the receipt of financial assistance, and "approve" ("cymeradwyo") and "approval" ("cymeradwyaeth") are to be construed accordingly;

"authorised person" ("person awdurdodedig") means a person authorised by the Welsh Ministers for the purposes of these Regulations, and includes any duly appointed official of the Commission who accompanies such an authorised person;

"beneficiary" ("buddiolwr") means a person who has been granted financial assistance or a person who has taken over the commitments of such a person;

"the Commission" ("y Comisiwn") means the Commission of the European Union;

"EU assistance" ("cymorth yr UE") means assistance from the European Agricultural Fund for Rural Development, granted pursuant to the EU legislation;

"the EU legislation" ("deddfwriaeth yr UE") means the instruments listed in the Schedule;

"financial assistance" ("cymorth ariannol") means an amount paid or payable under these Regulations;

"operation" ("gweithrediad") has the meaning given to it in Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006( 4);

"premises" ("mangre") includes any land, building, shed, pen or vehicle of any description.

(2) Any reference in these Regulations to an EU instrument is a reference to that instrument as amended from time to time.

Financial assistance

3. (1) The Welsh Ministers may pay financial assistance to a beneficiary in connection with an approved operation.

(2) Where the Welsh Ministers make payments of financial assistance, they may make such payments-

(a) at such a time, or by such instalments at such intervals or times as they think fit, and(b) subject to such conditions relating to payment as they may determine.

Approval of operations

4. (1) An application for the approval of an operation must-

(a) be made in such form and at such time, and(b) contain such information,

as the Welsh Ministers may require.

(2) The Welsh Ministers may, provided that they are satisfied that an operation to which the application relates is eligible for EU assistance, approve that operation.

(3) The Welsh Ministers may vary an approval by varying any condition to which it is subject, or imposing conditions.

(4) Before varying an approval under paragraph (2), the Welsh Ministers must-

(a) give the beneficiary notice in writing that they propose to do so with a statement of reasons;(b) give the beneficiary an opportunity to make written representations within such time as the Welsh Ministers consider reasonable; and(c) consider such representations.

Claims

5. Any claim for payment of financial assistance is to be made at such time and be in such form and be accompanied by such information as the Welsh Ministers may require.

Provision of information

6. (1) A beneficiary must supply to the Welsh Ministers such information about an approved operation as the Welsh Ministers may require.

(2) Where the Welsh Ministers require information under paragraph (1), the beneficiary must supply that information within such period as the Welsh Ministers may determine.

Powers of entry

7. (1) An authorised person may, at all reasonable times and on production, if so required, of their authority to do so, enter any premises other than premises which are used wholly or mainly as a private dwelling-

(a) to which an approved operation relates, or(b) on which the authorised person has reasonable grounds to believe that documents relating to an approved operation are retained,

for any of the purposes mentioned in paragraph (2).

(2) Those purposes are-

(a) verifying the accuracy of any information provided by a beneficiary relating to the approved operation;(b) ascertaining whether any financial assistance is payable or recoverable or the amount of such financial assistance that is payable or recoverable;(c) ascertaining whether an offence under these Regulations has been or is being committed;(d) otherwise ascertaining whether EU assistance is being efficiently and correctly used;(e) providing a control report pursuant to Article 54(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013( 5); and(f) determining whether there has been non-compliance with these Regulations or the EU legislation.

(3) Paragraph (1) does not affect any right of entry conferred by a warrant issued in accordance with paragraph (4).

(4) A justice of the peace may by signed warrant permit an authorised person to enter any premises (including premises which are used wholly or mainly as a private dwelling), if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied that-

(a) there are reasonable grounds for an authorised person to enter the premises for any purpose mentioned in paragraph (2); and(b) one of the conditions in paragraph (5) is met.

(5) The conditions are that-

(a) entry to the premises has been refused, or is likely to be refused without a warrant, and(i) notice of the intention to apply for a warrant has been served on the occupier, or(ii) no such notice has been served on the occupier because serving such a notice would interfere with the purpose or effectiveness of the entry;(b) entry is required urgently; or(c) the premises are unoccupied or the occupier is temporarily absent.

(6) A warrant is valid for three...

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