The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008

Explanatory Note

(This note is not part of the Scheme)

The Crofting Counties Agricultural Grants (Scotland) Scheme 2006 (S.S.I. 2006/24) (“the 2006 Scheme”) enables the Scottish Ministers to make grants to crofters and certain occupiers of land in the crofting counties–

(a) in respect of specified operations carried out by them for the purpose of aiding and developing agricultural production on crofts or holdings (Part 2 of, and the Schedule to, the 2006 Scheme); and

(b) in respect of contributions made by them under such agreements as are referred to in section 47 of the Roads (Scotland) Act 1984 towards the expenses of providing cattle grids for the aforementioned purpose (Part 3 of the 2006 Scheme).

This Scheme amends the 2006 Scheme by–

(a) making provision for electronic communications, in particular in relation to the intimation of conditions under paragraph 9(2) of the Scheme (see paragraph 2(2)(c) which inserts a new sub-paragraph (2) into paragraph 2 (interpretation) of the 2006 Scheme);

(b) prescribing the circumstances in which the Scottish Ministers shall not pay a grant (see paragraph 2(3) which inserts new sub-paragraphs (4) and (5) in paragraph 6 (restrictions on payment of grant) of the 2006 Scheme);

(c) introducing provision in relation to “authorised persons”, their powers and the consequences of obstructing an authorised person (see paragraph 2(4) which inserts a new paragraph 11A (power of authorised persons) into the 2006 Scheme);

(d) providing for the consequences of non-compliance with conditions imposed upon applicants (see paragraph 2(5)(a)(ii) which amends paragraph 13(1) of the 2006 Scheme); and

(e) introducing a requirement on crofters and eligible occupiers to keep records for a specified period (see paragraph 2(6) which inserts a new paragraph 13A into the 2006 Scheme).

This Scheme also amends the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/381) to provide for a right of appeal against specified decisions of the Scottish Ministers.