Agriculture and Rural Communities (Scotland) Act 2024

Administrative matters, eligibility and enforcement

15 Regulations about support

(1) The Scottish Ministers may by regulations make provision for or in connection with the provision of support or support for a particular purpose.

(2) Regulations under this section may, in particular, make provision about—

(a) eligibility criteria for receiving support (see section 16),

(b) payment entitlements (see section 17),

(c) the amount of support, including—

(i) how the amount of support is to be determined,

(ii) setting a minimum amount for a payment of support,

(iii) reducing the amount of payments of support in particular circumstances (other than those described in section 11),

(d) how support is to be paid or otherwise provided,

(e) conditions that may or must be imposed when providing support,

(f) checking, enforcing and monitoring support (see section 18),

(g) such administrative and procedural matters in connection with the provision of support as the Scottish Ministers consider appropriate, and

(h) the publication of information about support that is being or has been provided (see section 19).

(3) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider likely to be interested in or affected by provisions in this section.

(4) Regulations under this section—

(a) are subject to the affirmative procedure if the regulations in question, in the opinion of the Scottish Ministers, would make significant provision, or

(b) otherwise, are subject to the negative procedure.

(5) For the purpose of subsection (4)(a), significant provision includes—

(a) establishing a scheme in respect of support for a particular purpose which will—

(i) have a significant number of potential recipients or have a significant impact on recipients,

(ii) affect a significant amount of land or have a significant impact on a particular type of land,

(iii) have a significant monetary value (as assessed by reference to the value of support generally),

(iv) create a criminal offence (see section 18), and

(b) making significant changes to an existing scheme of support that is, by reference to the matters in paragraph (a), a significant scheme.

16 Eligibility criteria for support

(1) Regulations under section 15(2)(a) may, in particular, make provision for or in connection with criteria for support by reference to—

(a) the activity which a person carries out,

(b) how a person carries out an activity, including whether the person carries out the activity personally or through other arrangements,

(c) a person’s characteristics or personal, financial or business circumstances (for example, a person commencing an agricultural activity for the first time or meeting a specific threshold for turnover from agricultural activity),

(d) the type or location of land on which a person carries out an activity,

(e) the amount of land on which a person carries out an activity, which may be set by reference to the type of activity (for example, horticulture), or the manner in which the land is occupied (for example, as a croft),

(f) the manner in which title to, or occupancy of, land on which an activity is carried out is registered or recorded (for example, if the land is registered in the Land Register of Scotland),

(g) the ability of grazing committees and co-operatives to claim support as a collective for joint projects separate to individual support.

(2) In this section “grazing committee” has the meaning given by section 47 of the Crofters (Scotland) Act 1993.

17 Payment entitlements

(1) Regulations under section 15(2)(b) may, in particular, make provision for or in connection with—

(a) the determination of the number of payment entitlements available,

(b) the allocation of payment entitlements,

(c) the value of payment entitlements,

(d) the transfer of payment entitlements (whether or not for a consideration),

(e) the Scottish Ministers holding payment entitlements for allocation to specified categories of persons,

(f) the surrender of payment entitlements to, or the reclamation or cancelling of payment entitlements by, the Scottish Ministers,

(g) creating and maintaining a register of persons allocated payment entitlements,

(h) the charging of fees of such amount as may be specified for making changes to the register necessitated by the transfer of entitlements.

(2) In this Part, a “payment entitlement” is the entitlement of a person to be provided an amount of support for a particular purpose (subject to meeting any eligibility criteria and conditions or limits on payments).

18 Checking, enforcing and monitoring support

(1) Regulations under section 15(2)(f) may, in particular, make provision for or in connection with—

(a) checking whether eligibility criteria for support are met,

(b) the consequences where support has been provided without eligibility criteria having been met,

(c) enforcing compliance with any conditions to which support is or has been provided,

(d) monitoring the extent to which the purpose of providing support has been achieved,

(e) the creation of offences and investigation of suspected offences in connection with applications for, or the provision of support.

(2) Without limit to the generality of subsection (1), such provision may include provision—

(a) about the provision of information,

(b) conferring powers of entry,

(c) conferring powers of inspection, search and seizure,

(d) about the process for determining whether eligibility criteria for, or conditions applying to, the provision of support are met,

(e) about record keeping,

(f) about the recovery or making good of all or any part of support (with or without interest),

(g) about withholding support, in whole or in part,

(h) about steps to be taken, by a person to whom support is or has been provided, to rectify any breach of a condition applicable to that support,

(i) about imposing monetary penalties (including penalties calculated by reference to the value of any support),

(j) for recovery of amounts due in respect of monetary penalties,

(k) prohibiting a person from receiving support, or support for a particular purpose, for a specified period or until specified conditions are satisfied,

(l) about how decisions are to be reviewed and appeals,

(m) conferring functions (including functions involving the exercise of a discretion) on a person.

(3) Regulations made by virtue of this section may not authorise entry to a private dwelling without a warrant issued by a summary sheriff or sheriff.

(4) The provision which may be made by virtue of subsection (2)(f) includes provision for interest on any recoverable amount to be payable from such day (whether the day on which the financial assistance in question was given or a later day) as may be specified in the regulations.

(5) Regulations made by virtue of subsection (1)(e) creating an offence must provide for the maximum penalty for the offence to be—

(a) on conviction on indictment, a fine, or

(b) on summary conviction, a fine not exceeding the statutory maximum.

(6) In this section, “specified” means specified in, or determined under, regulations made by virtue of subsection (1).

19 Publication of information about support

Regulations under section 15(2)(h) may, in particular, make provision—

(a) imposing a requirement on any person (including the Scottish Ministers),

(b) requiring that the information to be published includes information about—

(i) the recipient of any support provided (and, in such circumstances as may be specified in the regulations, any person who owns or controls the recipient),

(ii) the amount of any support provided,

(iii) the purposes of any support provided.

20 Processing of information

(1) The Scottish Ministers may by regulations make provision about the processing of information for and in connection with—

(a) the provision of—

(i) support under this Act, or

(ii) other relevant assistance,

(b) the carrying out of functions in relation to continuing professional development activities under this Act.

(2) Regulations under this section may, in particular—

(a) require a person to produce information in such form and within such reasonable times as may be specified,

(b) authorise the Scottish Ministers (and any persons acting on their behalf) to share information with—

(i) a public authority for the purpose of enabling or assisting the authority (and any persons acting on their behalf) to exercise any functions,

(ii) such other persons or descriptions of persons, in such circumstances as may be specified.

(3) A duty or power to disclose or use information which is imposed or conferred by regulations under subsection (1) may not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation).

(4) In this section—

• “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018,

• “processing” is to be construed in accordance with section 3(4) of the Data Protection Act 2018,

• “public authority” means a public authority in any part of the United Kingdom,

• “relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation) for a purpose similar to a purpose described in schedule 1,

• “specified” means specified in, or determined under, regulations under subsection (1).

(5) Regulations under this section are subject to the negative procedure.

21 Monitoring and evaluation of schemes

(1) The Scottish Ministers must, in relation to each support scheme—

(a) monitor the impact of the scheme, and

(b) prepare one or more reports on the impact and effectiveness of the scheme (having had regard to the findings of that monitoring).

(2) The Scottish Ministers may, in relation to any support provided otherwise than under a support scheme or the provision of other relevant assistance—

(a) monitor the impact of the support or assistance, and

(b) prepare one or more reports on the impact and effectiveness of the support or assistance (having had regard to the findings of that monitoring).

(3) Monitoring under subsection (1) or (2) must be carried out in such manner and for such period or periods as the Scottish Ministers consider appropriate for the scheme or other support in question.

(4) The number and frequency of reports prepared under subsection (1) or (2) are to be as the Scottish Ministers consider appropriate for the scheme or other support in question.

(5) The Scottish Ministers must, after preparing a report under this section—

(a) lay a copy of the report before the Scottish Parliament, and

(b) publish the report.