
1997 No. 568
AGRICULTURE
The Rural Development Grants (Agriculture) (Wales) (Amendment) Regulations 1997
Made 5th March 1997
Laid before Parliament 7th March 1997
Coming into force 1st April 1997
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 as regards measures relating to promotion of rural development, in the exercise of the powers conferred on him by that section, and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Title, extent and commencement
1 
These Regulations may be cited as the Rural Development Grants (Agriculture) (Wales) (Amendment) Regulations 1997, shall extend to Wales and shall come into force on 1st April 1997.
Amendment of the previous regulations
2 

(1) The Rural Development Grants (Agriculture) (Wales) Regulations 1996 shall be amended in accordance with the following provisions of this Regulation.
(2) In regulation 2 (interpretation), after the definition of “LIBOR” there shall be inserted the following definition—“
 “the operational programme” means the operational programme approved by the Commission Decision referred to in paragraph 5 of the Schedule;”.
(3) In regulation 5 (approval of operations) after the words “a sub-programme” there shall be inserted the words “or the operational programme”.
(4) In regulation 11 (recovery of grant)—
(a) for the words “Article 24.3” in regulation 11(2) there shall be substituted the words “Article 24”; and
(b) after regulation 11(3) there shall be added the following paragraph—“
(4) Before exercising the powers of revocation and recovery referred to in paragraph (1), the Secretary of State shall—
(a) give the beneficiary a written explanation of the reasons for the proposed exercise;
(b) afford the beneficiary an opportunity to make written representations within such time as the Secretary of State considers reasonable; and
(c) consider any representations made by the beneficiary.”.
(5) In the Schedule (meaning of “Community legislation”)—
(a) at the end of—
(i) paragraph 1, and
(ii) paragraph 2
there shall be added the words “and Council Regulation (EC) No. 3193/94 of 19th December 1994, OJ No. L337, 24.12.94, p.11”;
(b) after paragraph 4 there shall be added the following paragraph—“
5 
Commission Decision No. C(95) 440/2 of 29th March 1995 on the granting of assistance from the European Agricultural Guidance and Guarantee Fund (EAGGF), Guidance Section, the European Regional Development Fund (ERDF) and the European Social Fund (ESF) for an operational programme under the Community Initiative LEADER II in the Objective 5(b) area of Wales in the United Kingdom.”.
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
5th March 1997