The Crofting Counties Agricultural Grants (Scotland) Scheme 1988

PART II GRANTS IN RESPECT OF OPERATIONS

Grants to be made

4.—(1) Subject to the provisions of this Scheme, the Secretary of State may make a grant under this Part of this Scheme to a crofter or eligible occupier towards the approved cost of any operation of a kind specified in the Schedule to this Scheme carried out by him or on his behalf for the purpose of aiding and developing agricultural production, in the case of a crofter, on his croft and, in the case of an eligible occupier, on the croft or holding or part of a croft, as the case may be, in respect of which he is the eligible occupier.

(2) For the purpose of this paragraph, “approved cost” shall mean the cost approved for the purposes of a grant under this Part of this Scheme and comprising the aggregate of—

(a) the expenditure reasonably incurred by the application in respect of materials required for the purpose of carrying out the relevant operation, and

(b) such sum as the Secretary of State may deem it reasonable to allow in respect of the labour necessary for that purpose.

Application for and conditions of grant

5.—(1) Any application by a crofter or eligible occupier for approval of the cost of any such operation shall be made in such form and manner and at such time as the Secretary of State may from time to time require and the applicant shall furnish all such particulars and information relating to the operation as the Secretary of State may require.

(2) The Secretary of State may, as he thinks fit, either refuse to approve the cost of any such operation or approve it in whole or in part for the purposes of a grant under this Part of this Scheme and any such approval may be given, and any such grant may be made, subject to such conditions as the Secretary of State thinks fit.

(3) Any approval of cost for the purposes of a grant under this Part of this Scheme may be varied or withdrawn by the Secretary of State with the written consent of the applicant.

Claims

6.  When the operation in respect of which the cost has been approved has been carried out, the applicant shall make a claim for the grant in such form as the Secretary of State may direct and shall afford to the Secretary of State or his duly authorised officer all such facilities as are reasonably necessary to enable the Secretary of State to satisfy himself that any conditions subject to which approval was given have been complied with.

Restrictions on payment of grant

7.  Where at the date on which a claim for grant under paragraph 4(1) of this Scheme is received by the Secretary of State—

(a) the amount of expenditure which is included in the claim (hereinafter in this paragraph referred to as the “present claim”) and towards which grant is payable, or

(b) the aggregate of the amount of that expenditure and any other relevant expenditure towards which grant is payable or has been paid in respect of any one business, as the result of a claim received during the period of 2 years ending with the date of receipt of the present claim,

exceeds £20,000 for any business, the Secretary of State shall not pay grant towards so much of that expenditure or, as the case may be, so much of that aggregate as exceeds £20,000.

Amount of grant

8.—(1) The amount of any grant payable under this Scheme shall be determined in accordance with the provisions of the Schedule to this Scheme.

(2) If the Secretary of State is satisfied that any condition subject to which a grant under this Part of this Scheme may be made has not been complied with in carrying out the relevant operation, he may, notwithstanding the immediately preceding sub-paragraph, either withhold payment of the grant or make payment of a grant of such amount as he may in all the circumstances of the case consider reasonable.