The Countryside Premium Scheme (Scotland) Regulations 1997

Restrictions on acceptance of application

6.—(1) The Secretary of State shall not accept an application for grant in relation to any eligible land which is occupied by a tenant unless he is satisfied that the tenant has notified the landlord of his intention to make the application.

(2) The Secretary of State shall refuse to accept an application for grant in relation to any eligible land where–

(a) he is satisfied that the use of the land in accordance with the proposals contained in the application would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community;

(b) he is satisfied that the payment of grant under these Regulations would duplicate any assistance previously given out of money provided by Parliament or by the European Community;

(c) the applicant is prohibited from giving the undertaking under these regulations by application of a penalty pursuant to Article 20(2) of the Commission Regulation (reimbursement of aid and penalties); or

(d) the applicant is excluded from all aid under the Council Regulation by virtue of article 20(3) of the Commission Regulation and the grant in respect of the proposed undertaking would include such aid.

(3) The Secretary of State shall not accept an application for grant without first having agreed with the applicant the date of commencement of the undertaking which shall in no circumstances be earlier than the date of submission of the application.