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S.I. 2004/145: inaccurate Explanatory
Note
Hill Farm Allowance Regulations 2004 (S.I. 2004/145)
1.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that the Explanatory
Note to them is inaccurate.
1.2 Paragraph 3 of Schedule 4 to these Regulations
provides that, in relation to any holding situated partly in England
and partly in Wales, Scotland or Northern Ireland, the amount
of any sum payable by the Secretary of State by way of hill farm
allowance, whether as principal or on behalf of any other competent
authority, may be set off against the amount of any sum recoverable
by her, whether as principal or on behalf of such competent authority.
Paragraphs 4 and 5 provide for the apportionment of livestock
units and individual reference quantities of milk in relation
to such a holding.
1.3 Paragraph 3 of the Explanatory Note to the Regulations
implies that paragraphs 3, 4 and 5 of Schedule 4 apply only in
relation to holdings situated partly in England and partly in
Scotland and describes the effect of paragraph 3 as providing
"for the setting off of sums payable as principal against
sums recoverable as agent, and vice versa".
1.4 In a memorandum printed at the Appendix[1],
the Department for Environment, Food and Rural Affairs states
that the quoted words briefly set out the principal effect of
paragraph 3 and that the Note wrongly implies that paragraphs
3 to 5 apply only to holdings situated partly in England and partly
in Scotland. It apologises for that implication. As paragraph
3 would appear to allow the Secretary of State to set off sums
payable against sums recoverable, irrespective of whether they
are payable or recoverable as principal or as agent, the limited
explanation given in the Explanatory Note is misleading.
1.5 The Committee accordingly reports these Regulations
on the ground that the Explanatory Note does not accurately describe
the effect of paragraphs 3 to 5 of Schedule 4.
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