
1 

(1) These Regulations may be cited as the Highlands and Islands Agricultural Programme Amendment Regulations 1999 and shall come into force on 31st March 1999.
(2) In the Regulations “the principal Regulations” means the Highlands and Islands Agricultural Programme Regulations 1994.
2 
These Regulations apply to applications under regulation 5 of the principal Regulations received by the Secretary of State after 30th March 1999.
3 
In regulation 2 of the principal Regulations (interpretation) there shall be inserted–
(a) after the definition of “agricultural unit”–“
 “alternative agricultural production” does not include beef, dairy, sheep or cereal farming”; and
(b) after the definition of “grazings committee”–“
 “housing for rent” does not include rent to a member of the immediate family of the applicant for financial assistance under these Regulations;
 “immediate family” means wife, husband, son, daughter, mother, father, brother or sister;”.
(c) after the definition of “programme” –“
 “programme area” means the area of Scotland referred to in regulation 1(2);
 “relevant part of the programme area” means the part of the programme area in which the agricultural unit on which the measure is being undertaken lies;”.
(d) after the definition of “smallholding”–“
 “waste management plan” means a waste management plan in such form and containing such details as the Secretary of State may from time to time require.”.
4 
For regulation 6(1) of the principal Regulations (restrictions on approval of applications) there shall be substituted–“
6 

(1) The Secretary of State shall not approve an application for financial assistance–
(a) received by him after 31st October 1999;
(b) towards a business improvement measure mentioned in Column 1 of Part A of the Schedule unless he is satisfied that–
(i) the measure is to be carried out by, or on behalf of the eligible person;
(ii) completion of the measure will achieve the objectives of the scheme set out in regulation 3;
(iii) the application relates to one or more of the measures set out in Column 1 of Part A of the Schedule;
(iv) the measure has been identified by the resource audit and business assessment as a priority for investment;
(v) no other public funding has been or will be sought in respect of the measure, other than under these Regulations;
(vi) the eligible expenditure is at least £1,000; and
(vii) the provision of the measure is appropriate having regard to the need for, and existing provision of, measures of that type in the relevant part of the programme area; or
(c) if he considers that in the circumstances current at the time of application other applications are to be preferred.”.
5 
In regulation 8 of the principal Regulations (financial assistance) for paragraphs (3) and (4) there shall be substituted–“
(3) Subject to paragraph (4), the total amount of financial assistance payable in respect of an agricultural unit shall not exceed–
(a) in the case of a common grazing, £120,000; and
(b) in any other case £40,000.
(4) The total amount of financial assistance payable in respect of environmental enhancement measures mentioned in Column 1 of Part B of the Schedule carried out on an agricultural unit shall not exceed £10,000.”.
6 
In regulation 9 of the principal Regulations (claims for financial assistance) there shall be inserted–
(a) at the beginning, “(1) Subject to paragraph (2),”; and
(b) at the end–“
(2) The Secretary of State shall not accept a claim for financial assistance received by him after 31st October 2001.”.
7 
For the Schedule to the principal Regulations (agricultural business improvement scheme eligible measures) there shall be substituted the Schedule to these Regulations.
Sewel
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1999
SCHEDULE
Regulation 7
“
SCHEDULE
Regulations 6 and 8
PART A

Column 1 Column 2
Measure Rate of Grant

1 
Provision, replacement or improvement of livestock accommodation (other than accommodation for dairy cows, pigs or poultry) 
(a) 60% for vernacular buildings
(b) 50% in all other cases

2 
Provision, replacement or improvement of storage sheds 
(a) 60% for vernacular buildings
(b) 50% in all other cases

3 
Provision, including by means of adaptation or improvement of redundant farm buildings or related structures, of
(a) tourist accommodation or facilities;
(b) facilities for on farm processing of agricultural products;
(c) catering or retail facilities
(d) facilities for sport, leisure, recreation, crafts or rural services 
(a) 60% for vernacular buildings
(b) 50% in all other cases

4 
Provision, replacement or improvement of electricity and water supplies 50%

5 
Provision, replacement or improvement of fanks and dippers (including mobile facilities) and stock- handling facilities for livestock 50%

6 
Provision, replacement or improvement of hard standings for livestock 50%

7 
Provision or improvement of systems for handling storage and disposal of farm waste 
(a) 50%; or
(b) where the eligible person obtains and agrees to implement a waste management plan, 60%

8 
Provision of information technology equipment to improve agricultural business effectiveness 50%

9 
Alternative agricultural production, including provision, improvement or replacement of horticultural facilities, including polytunnels and glasshouses 50%

10 
Conversion of redundant farm buildings into housing for rent 50%

11 
Reseeding, reconditioning and drainage on inbye land 35%

12 
Fencing on inbye and hill land 30%

13 
Dyking on inbye and hill land 70%
PART B

Column 1 Column 2
Measure Rate of Grant

1 
Provision of dykes to exclude livestock in association with conservation management 70%

2 
Provision of fencing to exclude livestock in association with conservation management 60%

3 
Small-scale planting of trees (eg shelter belts, amenity planting) 60%

4 
Eradication of bracken to encourage heather regeneration 60%

5 
Selective control of rhododendrons 60%

6 
Restoration of ponds 50%

7 
Creation of wetlands or marsh lands 50%

8 
Planting of approved species to encourage wildlife habitats 50%”