The Agriculture (Weather Aid 2002) Scheme (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Scheme)

This Scheme provides for payments to be made by the Department of Agriculture and Rural Development to producers in certain sectors of the agricultural industry who suffered financial losses whether resulting from reduced outputs or from increased production costs or both as a direct result of the abnormally adverse weather conditions in 2002.

The Scheme—

(a)establishes eligibility criteria for eligible producers(Article 4);

(b)specifies the manner in which applications shall be made(Article 5);

(c)specifies the methods by which rates of payments shall be determined(Articles 6 to 8);

(d)enables the Department to withhold payment in any case where false or misleading information has been provided or where a person fails to co-operate with an authorised officer(Article 9);

(e)provides for the recovery of payments made under the Scheme(Article 10); and

(f)enables an authorised officer to exercise powers of entry and have access to relevant records and documents(Article 11).

Under Section 4(1) of the Agriculture (Temporary Assistance) Act (Northern Ireland) 1954, any person who, being required or authorised under or by virtue of this scheme to furnish any information, record or document, furnishes any information, record or document which, to his knowledge, is false in a material particular shall be guilty of an offence and shall, without prejudice to Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I.) 1979/No. 1714 (N.I. 19), be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment not exceeding twelve months or to both such fine and such imprisonment.

Under Section 4(2) of that Act any person—

(a)who acts in contravention of, or neglects or fails to comply with any provision contained in this Scheme; or

(b)obstructs or impedes an authorised officer in the exercise of any power under this Scheme,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.