The European Fisheries Fund (Grants) (Scotland) Regulations 2007

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“application” means an application for payment of financial assistance under regulation 3(1), and “applicant” shall be construed accordingly;

“approval” means an approval granted under regulation 5 and includes the terms and conditions subject to which such approval has been given, and “approve” and “approved” shall be construed accordingly;

“approved operation” means a relevant operation which the Scottish Ministers have approved;

“authorised officer” means a person authorised in writing to be an officer–

(a)

for the purposes of these Regulations, by the Scottish Ministers; or

(b)

for the purposes of exercising any functions which the Authority is required under regulation 11 to exercise, by the Authority,

and includes any duly appointed official of the Commission who accompanies such person;

“the Authority” means the Sea Fish Industry Authority constituted under section 1 of the Fisheries Act 1981(1);

“beneficiaries” means applicants whose applications have been approved, and a “beneficiary” shall be construed accordingly;

“the Commission” means the Commission of the European Communities;

“Community aid” means aid towards eligible expenditure available from the European Fisheries Fund and payable in accordance with Council Regulation 1198/2006 and Commission Regulation 498/2007;

“Community fishing vessel” means a fishing boat flying the flag of and registered in a Member State of the European Community;

“Council Regulation 1198/2006” means Council Regulation (EC) No. 1198/2006 of 27th July 2006 on the European Fisheries Fund(2);

“Commission Regulation 498/2007” means Commission Regulation (EC) No. 498/2007 of 26th March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No. 1198/2006 on the European Fisheries Fund(3);

“eligible expenditure” means expenditure which is incurred or to be incurred in connection with an approved operation and which the Scottish Ministers have approved for the purpose of receiving financial assistance under regulation 5;

“financial assistance” means any amount by way of grant or Community aid;

“grant” means a grant towards eligible expenditure payable under these Regulations in addition to any Community aid;

“LIBOR”, in relation to any particular day of the month, means the rate of interest per centum notified to the Scottish Ministers by the Bank of England on the first working day of that month, rounded if necessary to two decimal places;

“relevant conditions” means any conditions relating to the approval of an application or the making of a payment of any financial assistance which have been notified to a beneficiary under regulations 5(3)(b) or 7;

“relevant documents” means any invoice, account, drawing, plan, technical specification or other document relating to the approved operation;

“relevant equipment” means any plant, machinery or other equipment for which financial assistance has been claimed or paid;

“relevant operation” means an investment, project or action which is eligible for Community aid; and

“works” means any construction, harbour or other building works, whether completed or not, for which financial assistance has been claimed or paid.

(2) Expressions used in these Regulations which appear or are referred to in Council Regulation 1198/2006 or Commission Regulation 498/2007 and which are not defined in this regulation have, unless the context otherwise requires, the same meaning in these Regulations as in that legislation.

(3) Any reference in these Regulations to Council Regulation 1198/2006 or Commission Regulation 498/2007 is a reference to those Regulations as amended from time to time.

(4) Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation so numbered in these Regulations.

(5) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(4), which has been recorded and is consequently capable of being reproduced.

(1)

1981 c. 29.

(2)

O.J. No. L 223,15.8.06, p1.

(3)

O.J. No. L 120, 10.5.07, p.1.

(4)

2000 c. 7.