|Made||10th September 2004|
|Coming into operation||8th October 2004|
and has its port of administration in Northern Ireland at the date of application;
(3) Any obligation of the Department to publish material under this Scheme means an obligation to make it available in a manner in which the Department considers that the material is reasonably likely to be seen by those to whom this Scheme may apply, and publication in anticipation of this Scheme shall be treated for the purposes of this Scheme as having been carried out under it.
3. - (1) Any person who is a relevant person in relation to a Northern Ireland fishing boat to which the Regulation applies may make an application for a grant to the Department if he -
(2) The Department shall publish a notice specifying the approved Defra provider.
4. - (1) The Department may from time to time publish an invitation for applications.
(2) An application must be lodged with the Department as specified in the invitation on or before the closing date in order to be considered for approval, except where the Department is satisfied that -
(3) In this Scheme "the closing date" means such date as the Department may from time to time publish as the date on or before which applications must be lodged.
(4) The Department shall reject any application relating to a fishing boat if it considers that the port of administration for the fishing boat has been changed for the primary purpose of eligibility to make an application.
(5) Following approval by the Department of any application, it shall make a grant which is equal to the price, as agreed between it and the Defra provider, of -
which shall be payable in accordance with the following provisions of this Scheme.
Installation of satellite-tracking devices
5. - (1) Each successful applicant shall be notified by the Department in writing of the approval relating to his fishing boat, any conditions with which he must comply and the place at which, and the period within which, he must present his fishing boat to be fitted with the satellite-tracking device by the Defra provider.
(2) Subject to paragraph (3), the approval of the Department shall terminate for the fishing boat in question if the successful applicant fails to present the boat at the place notified, and during the period notified, to him by the Department.
(3) If the successful applicant notifies the Department within a reasonable time of reasons for that failure (or, as the case may be, for anticipating that failure) the Department may grant him an alternative period or place or both within which to have the satellite-tracking device fitted and, as a consequence, the approval shall operate on the basis of that grant.
Payments under the Scheme
6. - (1) Once the installation of the satellite-tracking device has been completed and the Defra provider has informed the Department of this fact, the Department shall, subject to paragraph (2), pay the amount of the price agreed under Article 4(5) to the Defra provider.
(2) No payment shall be made unless the Department is satisfied that the satellite-tracking device has been provided and the installation undertaken in accordance with procedures agreed by the Department with the Defra provider.
Assistance to authorised officers
7. Any applicant or any employee or agent of any applicant shall give to an authorised officer such assistance as the officer may reasonably request to exercise the power conferred on the officer by Article 8.
Powers of authorised officers
8. - (1) An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing the authority of the officer, may exercise the powers specified in this Article for the purpose of ascertaining whether and to what extent -
(2) Subject to paragraph (3) an authorised officer may enter upon any relevant premises.
(3) The power conferred by paragraph (2) may be exercised in relation to premises used as a dwelling house only where reasonable notice of the intended exercise of the power has been given to all residents of that dwelling house.
(4) Any authorised officer who has entered any premises in accordance with paragraph (2) may inspect those premises and any documents on those premises which are, or which such officer has reasonable cause to believe are, relevant documents.
(5) An authorised officer entering premises by virtue of this Article may be accompanied by such other persons as the officer considers necessary, and paragraphs (2), (4), (6) and (7) shall apply in relation to such other persons when acting under the instructions of the officer as if they were authorised officers.
(6) An authorised officer may -
(7) An authorised officer shall not be liable to civil or criminal proceedings for anything done in purported exercise of the powers conferred on the officer by this Scheme if the court hearing such proceedings is satisfied that -
(8) In this Article -
Revocation of approval
9. - (1) At any time after the Department has approved an application in respect of any fishing boat, it may revoke the approval of the application or withhold any part of the payment in respect of the application if it appears to it that the relevant person -
(c) has failed, or his employee or agent has failed, to comply with Article 7.
(2) Where approval is revoked under paragraph (1) after any payment relating to the fishing boat to the Defra provider has been made, the Department may recover on demand from the applicant an amount equal to the whole or any part of any such payment.
10. - (1) Where the Department decides to recover on demand an amount in accordance with Article 9(2), it may also recover interest on that amount on a daily basis at the rate of 1% above the LIBOR for the period beginning with the day following that on which the amount was paid and ending on the day on which the Department recovers it.
(2) In this Article "LIBOR", in relation to any day, means the sterling three month London interbank offered rate in force for that day rounded if necessary to two decimal places.
(3) In any proceedings for recovery under this Scheme, a certificate issued by the Department stating the LIBOR applicable for any day is conclusive evidence of the LIBOR in question if the certificate also states that the Bank of England notified the Department of the LIBOR in question.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
10th September 2004.
W. Rodney Scott
A senior officer of the Department of Agriculture and Rural Development
The Department of Finance and Personnel hereby approves the foregoing Scheme.
Sealed with the Official Seal of the Department of Finance and Personnel on
10th September 2004.
A senior officer of the Department of Finance and Personnel