The Crofting Counties Agricultural Grants (Scotland) Scheme 2006

PART 4 S GENERAL

Crofters Commission to be agent S

F1 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Para. 11 revoked (1.4.2011) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011 (S.S.I. 2011/72), paras. 1, 3(8) (with para. 4)

[F2 Power of authorised persons S

11A.— (1) An authorised person may, at all reasonable hours and on producing if so required, their authorisation, enter on any land or premises–

(a) in respect of which an application under paragraph 4 or Part 3 [F3 or Part 3A], or a claim under paragraph 5, has been made; or

(b) on which the authorised person has reasonable grounds to believe that documents relating to that application or claim are being kept for any of the purposes specified in sub-paragraph (2).

(2) The purposes in sub-paragraph (1) are–

(a) inspecting the land to which the application under paragraph 4 or Part 3 [F4 or Part 3A] or claim under paragraph 5 relates;

(b) verifying the accuracy of any information provided by a crofter or eligible occupier or on their behalf, relating to such an application or claim; and

(c) determining whether or not a crofter or eligible occupier has complied with any condition upon which an application has been approved or grant paid.

(3) An authorised person who has entered any land in terms of sub-paragraph (1) may–

(a) inspect the land and any premises, plant, machinery, equipment, document or record on it which that person reasonably believes relates to an application or claim;

(b) require the crofter or eligible occupier, or their employee or agent, to produce, or secure the production of, any document or supply any additional information in their possession or under their control relating to their application or claim, as the case may be;

(c) where any information referred to in sub-paragraph (3)(b) is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been used for storing that information, and require that information to be reproduced in a visible and legible form in which it may be taken away;

(d) require copies of, or extracts from, any such document or other record referred to in sub-paragraphs (3)(a) or (b) to be produced;

(e) retain a copy of any document produced to the authorised person;

(f) seize and retain any document or other record which an authorised person reasonably believes may be required as evidence in proceedings under this Scheme; and

(g) in so far as may be necessary for the purposes of sub-paragraph (2)(b) or (c), inspect and count livestock on the land and may, for this purpose, require the applicant to arrange for the collection, penning and securing of such livestock.

(4) A crofter or eligible occupier and their employee or agent shall give an authorised person all reasonable assistance in relation to the matters mentioned in sub-paragraphs (1) and (3).

[F5 (5) An authorised person entering any land under sub-paragraph (1) may be accompanied by such other person as the authorised person considers necessary, and sub-paragraphs (3) and (4) shall apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.]

(6) The powers of an authorised person under sub-paragraph (1) apply to any land used for the purposes of a dwellinghouse only where reasonable notice of their intended exercise has been given to all residents of that dwellinghouse.

(7) Where a crofter or eligible occupier or their employee or agent intentionally obstructs an authorised person (or any person accompanying that person and acting under that person’s instructions) in the exercise of the powers under sub-paragraphs (1) and (3), the Scottish Ministers may–

(a) withhold the whole or any part of the grant payable to the crofter or eligible occupier;

(b) recover from the crofter or eligible occupier the amount of grant, or any instalment of grant, paid to them, or such part thereof, as they consider reasonable, in like manner as if it were a debt due by the crofter or eligible occupier to them;

(c) require the crofter or eligible occupier to pay to them an additional sum equal to no more than 10% of the grant paid or payable.]

Textual Amendments

F2 Para. 11A inserted (17.3.2008) by The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(4)

F3 Words in para. 11A(1)(a) inserted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(6) (with para. 4)

F4 Words in para. 11A(2)(a) inserted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(6) (with para. 4)

F5 Para. 11A(5) substituted (31.12.2020) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/60), regs. 1(1)(b), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Payment of grant in instalments S

12.  The Scottish Ministers may, at the request of the applicant, make payment of any grant under this Scheme in instalments, which instalments may be paid in such amounts, at such times, either during or after the carrying out of the relevant operation or work, and subject to such conditions as the Scottish Ministers may specify.

Commencement Information

I1 Para. 12 in force at 25.1.2006, see para. 1

Recovery of grant, etc. S

13.—(1) Where, after the date upon which any grant, or any instalment of grant, has been paid under this Scheme, the Scottish Ministers are satisfied that the applicant has not complied, or is not complying, with a condition imposed on the applicant–

(a) under paragraph 4(2) of this Scheme, F6 ... in relation to the approval of the cost of an operation;

(b) under paragraph 4(1) of this Scheme, or paragraph 9(2), or [F7 paragraph 10B(2) of] this Scheme, in relation to a grant; or

(c) under paragraph 12 of this Scheme in relation to an instalment of grant,

they may–

[F8 (aa) recover from the applicant the amount of grant, or any instalment of grant, paid to the applicant, or such part thereof, as they consider reasonable, in like manner as if it were a debt due by the applicant to them; [F9 and]

(bb) where, in their view the conduct of the applicant was reckless or was carried out with the intention of breaching any condition imposed in the grant, require the applicant to pay to them an additional sum equal to no more than 10% of the grant paid or payable.]

(2) The Scottish Ministers may terminate an award of grant under paragraph 8 of this Scheme and if they do so, they may also prohibit the applicant from submitting any new grant application for such period from the date of termination as the Scottish Ministers may specify.

(3) The powers conferred on the Scottish Ministers by sub-paragraphs (1) and (2) shall be exercisable by a notice served on the applicant by post at his last known address and in sub-paragraph (2), “specify” means specify in such notice.

(4) (a) Where the Scottish Ministers exercise the power to recover conferred by this paragraph of this Scheme they may also recover on demand interest on the sum to be recovered at a rate of interest one per centum above the sterling three month London interbank offered rate on a day to day basis from the date of [F10 discovery of the non compliance with, or breach of, any condition imposed on the applicant] until the date of recovery.

(b) In any proceedings for recovery under this Scheme, a certificate issued by the Scottish Ministers stating the rate or rates of interest, the amount of such interest recoverable and the period for which such interest is calculated, shall unless the contrary is shown, be conclusive of those matters.

Textual Amendments

F6 Words in para. 13(1)(a) omitted (6.4.2015) by virtue of The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(7)(a) (with para. 4)

F7 Words in para. 13(1)(b) substituted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(7)(b) (with para. 4)

F8 Para. 13(1)(aa)(bb) substituted for words (17.3.2008) by virtue of The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(5)(a)(i)(ii)

F9 Word in para. 13(1)(aa) substituted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(7)(c) (with para. 4)

F10 Words in para. 13(4)(a) substituted (17.3.2008) by virtue of The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(5)(b)(i)(ii)

Commencement Information

I2 Para. 13 in force at 25.1.2006, see para. 1

[F11 Record keeping S

13A.— (1) A crofter or eligible occupier must keep any invoice, account or other document relating to a claim for grant for a period of four years after the payment of any grant is made, or for such other period as the Scottish Ministers specify in the grant.

(2) If the crofter or eligible occupier transfers the original of any such document to another person in the normal course of business, the crofter or eligible occupier must instead keep a copy of that document for the period referred to in sub-paragraph (1).

(3) Sub-paragraph (1) shall not apply where the document has been removed by any person lawfully authorised to remove it.]

Textual Amendments

F11 Para. 13A inserted (17.3.2008) by The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(6)

Revocation S

14.  The Crofting Counties Agricultural Grants (Scotland) Scheme 1988(1), the Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 1992(2) and the Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 1994(3) are hereby revoked.

Commencement Information

I3 Para. 14 in force at 25.1.2006, see para. 1

Transitional Provisions S

15.—(1) Notwithstanding the revocation of the Schemes referred to in paragraph 14, and subject to the provisions of sub-paragraph (2), any application made before 1st April 2006 for payment of grant under those Schemes shall be administered under those Schemes and grant shall be paid under those Schemes.

(2) In the case of any operation referred to in paragraph 5(1)(b) of the Crofting Counties Agricultural Grants (Scotland) Scheme 1988(4), any claim for grant made by 31st December 2006 may be administered and paid under that Scheme.

(3) Paragraph 7 of the Crofting Counties Agricultural Grants (Scotland) Scheme 1988 shall not apply to any claim for grant referred to in sub-paragraph (2).

Commencement Information

I4 Para. 15 in force at 25.1.2006, see para. 1

(1)

S.I. 1988/559, amended by S.I. 1992/3291 and 1994/1013.

(2)

S.I.1992/3291.

(3)

S.I. 1994/1013.

(4)

S.I. 1988/559; paragraph 5(1)(b) was inserted by S.I. 1994/1013, paragraph 3.