SCHEDULERelevant decisions

Regulations 2(1) and 3

1.

A decision of the Scottish Ministers to postpone, refuse, reduce or recover (in whole or in part) any payment under an IACS scheme, under or in accordance with—

(a)

Council Regulation 73/2009”;

(b)

Commission Regulation 1120/2009;

(c)

Commission Regulation 1121/2009; or

(d)

Commission Regulation 1122/2009.

2.

A decision of the Scottish Ministers to refuse, reduce or withdraw (in whole or in part) any payment entitlement, under or in accordance with—

(a)

Council Regulation 73/2009”;

(b)

Commission Regulation 1120/2009; or

(c)

Commission Regulation 1122/2009.

3.

A decision of the Scottish Ministers under or in accordance with Article 41 of Council Regulation 73/2009” to refuse or withdraw entirely any national reserve entitlement in relation to an application.

4.

A decision of the Scottish Ministers under or in accordance with the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 201130.

5.

A decision of the Scottish Ministers to withdraw, reduce, recover, suspend or refuse (in whole or in part) any payment of aid or support, or apply an administrative penalty in respect of such aid or support, under or in accordance with—

(a)

the following provisions of the Horizontal Regulation—

(i)

Article 54;

(ii)

Chapters I and II of Title V; or

(iii)

Title VI, as read with Articles 73 to 75 of the Horizontal Implementing Regulation; or

(b)

the following provisions of the Horizontal Delegated Regulation, as read with Articles 5 and 6 of the Horizontal Implementing Regulation—

(i)

Chapters III and IV of Title II;

(ii)

Title III; or

(iii)

Chapter II of Title IV.

6.

A decision of the Scottish Ministers in respect of the allocation, refusal, withdrawal, recovery or reversion of payment entitlements, under or in accordance with Section 1, 2 or 3 of Chapter I of Title III to the Direct Payments Regulation, Article 63 of the Horizontal Regulation or Article 23 of the Horizontal Implementing Regulation.

7.

Insofar as not otherwise falling within paragraph 5, a decision by the Scottish Ministers under regulation 17 of the Rural Development (Scotland) Regulations 201531 to withhold (in whole or in part) any grant payable, apply a reduction to any payment of grant, recover (in whole or in part) grant paid, revoke an approval or terminate or prohibit the giving of an undertaking.

8.

Insofar as not otherwise falling within paragraph 5, a decision by the Scottish Ministers under regulation 3(1)(b), (1A), (2) or (3), 4, 5(3), 9(4)(a) or (7), 10(3) or (4) or 15 of the Less Favoured Area Support Scheme (Scotland) Regulations 201032.

9.

Insofar as not otherwise falling within paragraph 5, a decision by the Scottish Ministers under paragraph 6(4) or (5), 11A(7) or 13(1) of the Crofting Counties Agricultural Grants (Scotland) Scheme 200633 to withhold any grant payable or to recover any grant paid (in whole or in part), or require payment or any sum.

10.

A decision by the Scottish Ministers to apply a reduction to any payment of aid, to withhold any aid payable, recover any aid paid (in whole or in part) or require payment of any sum in terms of—

(a)

regulation 10 of the Agricultural Processing, Marketing and Co-operation Grants (Scotland) Regulations 200834;

(b)

regulation 18 of the Leader Grants (Scotland) Regulations 200835;

(c)

regulation 17 of the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 200836;

(d)

regulation 12 of the Forestry Challenge Funds (Scotland) Regulations 200837;

(e)

regulation 16 of the Rural Development Contracts (Land Managers Options) (Scotland) Regulations 200838; or

(f)

regulation 11 of the Land Managers Skills Development Grants (Scotland) Regulations 200839.

11.

A decision of the Scottish Ministers under regulation 4(1)(b), 5, 7(1), 9(4)(b), 10(7), 11(4) or 16 of the Less Favoured Area Support Scheme (Scotland) Regulations 200740.

12.

A decision by the Scottish Ministers to withhold or recover (in whole or in part) payment of less favoured area support in terms of regulation 16 of—

(a)

the Less Favoured Area Support Scheme (Scotland) Regulations 200441; or

(b)

the Less Favoured Area Support Scheme (Scotland) Regulations 200542.

13.

A decision by the Scottish Ministers under the Land Management Contracts (Menu Scheme) (Scotland) Regulations 200543, to withhold any aid due or recover any aid paid (in whole or in part) or require payment of any sum in terms of those Regulations.

14.

A decision by the Scottish Ministers under the Organic Aid (Scotland) Regulations 200444 to withhold or recover (in whole or in part) any payment in terms of regulation 20 of those Regulations.

15.

A decision by the Scottish Ministers to postpone, reduce or withhold (in whole or in part) any payment of grant under, or recover (in whole or in part) any payment under or terminate participation in, the SFGS Farmland Premium Scheme 200345, in terms of paragraph 14 of that Scheme.

16.

A decision by the Scottish Ministers under the Rural Stewardship Scheme (Scotland) Regulations 200146 to withhold (in whole or in part) any aid due, recover (in whole or in part) any aid paid or require payment of a sum, in terms of those Regulations.

17.

A decision by the Scottish Ministers under the Countryside Premium Scheme (Scotland) Regulations 199747 to withhold (in whole or in part) any grant due, recover (in whole or in part) any grant paid or require payment of a sum, in terms of regulation 12 of those Regulations.

18.

A decision by the Scottish Ministers to postpone, reduce or withhold (in whole or in part) any payment of grant under, or recover (in whole or in part) any payment under or terminate participation in, in terms of paragraph 14 of,—

(a)

the Farm Woodland Scheme 198848;

(b)

the Farm Woodland Premium Scheme 199249; or

(c)

the Farm Woodland Premium Scheme 199750.

19.

A decision by the Scottish Ministers under the Organic Aid (Scotland) Regulations 199451, to withhold (in whole or in part) any grant due, recover (in whole or in part) any grant paid, or require payment of a sum imposed by way of penalty, in terms of regulation 12 of those Regulations.

20.

A decision by the Scottish Ministers under the Habitats (Scotland) Regulations 199452 to withhold (in whole or in part) any grant due, recover any grant paid (in whole or in part) or require payment of a sum imposed by way of a penalty, in terms of regulation 12 of those Regulations.

21.

A decision by the Scottish Ministers under paragraph 8(2) or 12B of the Crofting Counties Agricultural Grants (Scotland) Scheme 198853 to withhold any grant payable, to recover any grant paid (in whole or in part) or require payment of any sum.

22.

A decision by the Scottish Ministers—

(a)

made under article 5D of any one of the ESA Orders, that there has been a breach of any of the requirements of article 4 or 4A of the ESA Order to which that decision relates; or

(b)

to withhold (in whole or in part) or require the making of, payment under article 5(a) or 5A of any one of the ESA Orders.