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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Crofting Community Development Scheme (Scotland) Regulations 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010208.html |
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The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Crofting Community Development Scheme (Scotland) Regulations 2001 and shall come into force on 29th June 2001. (2) These Regulations shall extend to Scotland only. Interpretation 2. - (1) In these Regulations, unless the context otherwise requires-
(b) Council Regulation (EC) No 1260/1999 of 21st June 1999 laying down general provisions on the Structural Funds[4]; (c) Council Regulation (EC) No. 438/2001 of 2nd March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999[5]; and (d) Commission Regulation (EC) No 1750/1999 of 23rd July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)[6];
(2) References in these Regulations to a numbered regulation or to a numbered Schedule shall be construed as a reference to the regulation so numbered in or the Schedule so numbered to these Regulations.
(b) the creation of community-based development plans which qualify for financial assistance under the Scheme.
(2) Subject to the provisions of the Scheme and the Community legislation, the Scottish Ministers may make payments under the Scheme to eligible applicants as provided in regulation 6 where they are satisfied that the payments will help to achieve the objectives of encouraging recipients to meet one or more of the following objectives:-
(b) to diversify and broaden the economic base of the community; (c) to adopt beneficial environmental measures; (d) to identify and implement projects of a social or cultural nature for the benefit of the community; (e) to establish communication links and management structures within communities; (f) to use information technology; (g) to prepare and implement suitable local training programmes.
Applications and Development Plans
(b) a list of the current membership of the group, identifying each member of the group who is the tenant or owner of a croft; (c) confirmation that the development plan will be implemented within the scheme area; (d) a statement as to how the implementation of the plan will benefit the crofting community and sufficient information to show that the implementation of the development plan is likely to meet at least one of the objectives specified in regulation 3; (e) a statement as to whether the implementation of the plan will have any detrimental effect on the local environment; (f) a statement that the implementation of the plan will promote equal opportunities between men and women; (g) a statement that public funding has been obtained for the implementation of the constituent elements of the development plan; (h) sufficient information to satisfy the Scottish Ministers that the development plan contains at least two discrete projects that relate to two or more of the development sectors set out in Schedule 1; (i) sufficient information to satisfy the Scottish Ministers that the cost of the development plan (including public funding) shall be at least £2,000,
provided that if the eligible applicants are a grazings committee, the information referred to in sub-paragraphs (a) and (b) above will not be required for the determination of an application.
(b) cause such approval to be given, and any payment by way of financial assistance to be made, subject to such conditions as they may impose; or (c) at any time on giving reasonable notice vary the approval or amend such conditions attached to the approval.
(2) The Scottish Ministers shall in writing-
(b) notify applicants whose application has been approved under this regulation of any conditions, relating to such approval, which they have imposed or amended under paragraph (1) above.
(3) The Scottish Ministers shall not approve an application for financial assistance under the Scheme in relation to a development plan unless they are satisfied that-
(b) completion of the development plan will achieve at least one of the objectives specified in regulation 3; (c) the projects specified in the development plan relate to two or more of the development sectors specified in Schedule 1; and (d) the projects specified in the development plan qualify for financial assistance from the Scottish Ministers or other public sector body or agency.
(4) Before approving an application (in whole or in part), the Scottish Ministers may consult such body or such other interests as they consider appropriate to satisfy themselves that the implementation of the plan will not discriminate between men and women or between social groups and will not cause any unjustified detrimental effect to the environment.
(b) give that person an opportunity to make representations about the action proposed to be taken within such time and in such form as the Scottish Ministers may require; and (c) consider any such representations.
Provision of financial assistance to eligible applicants
(b) up to 50% of the financial assistance payable in respect of any approved application shall be paid when-
(ii) the projects specified in the development plan have been approved in writing for financial assistance by the Scottish Ministers or other public sector body or agency;
(c) the balance of the financial assistance payable in respect of any approved application shall be paid when the Scottish Ministers are satisfied that the projects specified on the applicants' development plan have been duly completed and the applicants submit details in writing of the actual costs that they incur in implementing the development plan.
(4) The aggregate amount of financial assistance payable in respect of any one application shall not exceed the sum of £7,000.
(b) include such particulars and information relating to the claim and copies of such documents and records relating thereto as the Scottish Ministers may reasonably require.
Provision of financial assistance to providers of services to eligible applicants
(b) provide the Scottish Ministers with such additional information in relation to the approved measure or the financial assistance paid in pursuance of that measure as they may reasonably require.
(2) If the eligible person transfers the original of any such document to another person in the normal course of business, the duty under paragraph (1) above shall be treated as having been fulfilled if there is kept a copy of that document for the said period.
(b) which an authorised person has reasonable grounds to believe may be a place in which documents or other information which may require to be produced under these Regulations are kept.
(2) The purposes referred to in paragraph (1) above are-
(b) ascertaining whether any financial assistance is payable or recoverable under these Regulations, or the amount that is payable or recoverable; and (c) ascertaining whether an offence under these Regulations has been or is being committed.
(3) An authorised person who has entered any land under paragraph (1) above-
(b) may require the eligible person or any employee or agent of the eligible person to produce, or secure the production of, any document or supply any additional information in the possession or under the control of that eligible person relating to the financial assistance or the measure referred to in paragraph (1)(a) above; (c) where any document or other record relating to the financial assistance or the measure is kept by means of a computer, shall be afforded access to any computer and any associated apparatus or material which is or has been used in connection with that document or record; (d) may require copies of or extracts from any such documents or other record to be produced and may retain them and take them away; (e) may remove and retain for a reasonable period any document or other record which that person reasonably believes may be required as evidence in any proceedings and, if it is recorded otherwise than in legible form, require it to be produced in a form which is legible or which can be taken away.
(4) An eligible person or any employee or agent of the eligible person shall give an authorised person all reasonable assistance in relation to the matters mentioned in paragraphs (1) and (3) above.
(b) there were reasonable grounds for doing it; and (c) it was done with reasonable skill and care.
(7) Paragraph (1) above shall apply to any land used for the purposes of a dwelling house only where reasonable notice of its intended exercise has been given to all residents of that dwelling-house.
(b) the development plan, in respect of which approval was given or financial assistance has been paid, has not been implemented in accordance with the application approved by the Scottish Ministers, or has been or is being unreasonably delayed or is unlikely to be completed; (c) the implementation of the development plan, in respect of which such financial assistance is claimed, is contrary to the purposes served by assistance previously given out of money provided by the United Kingdom Parliament, the Scottish Parliament or the European Community; (d) the implementation of the development plan, in respect of which such financial assistance is claimed, has been effected in a way which has destroyed or damaged the natural heritage of the countryside to an extent which cannot be justified by the purpose for which financial assistance is claimed; (e) public funding in respect of expenditure towards which such financial assistance is claimed has been or may be given otherwise than under these Regulations; (f) the eligible person has-
(ii) failed to comply with a requirement imposed under regulation 11(3)(b);
(g) information was given by the eligible person on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect;
the Scottish Ministers may revoke the approval, in whole or in part, or may reduce or withhold any financial assistance under these Regulations and, where any such financial assistance has been paid, may recover on demand and as a debt an amount equal to the financial assistance which has been so paid or such part thereof as they may determine.
(b) give that person an opportunity to make representations about the action proposed to be taken by them within such time and in such form as they may require; and (c) consider any such representations.
Interest 1. Agriculture 2. Forestry 3. Environment 4. Heritage 5. Social 6. Diversification 7. Marketing 8. Training
EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations introduce measures to supplement- 1. Council Regulation (EC) No 1257/1999 of 17th May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (O.J. No. L 160, 26.6.99, p.80); 2. Council Regulation (EC) No 1260/1999 of 21st June 1999 laying down general provisions on the Structural Funds (O.J. No. L 161, 26.6.99, p.1); and 3. Commission Regulation (EC) No 1750/1999 of 23rd July 1999n laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (O.J. No. L 214, 13.8.99, p.31). The Community legislation referred to above provides for payment of assistance from the Guidance Section of the European Agricultural Guidance and Guarantee Fund for measures which promote rural development falling within the scope of Council Regulation 1257/1999. Measures relating to Objective 1 areas (which include the Highlands and Islands for transitional support under Objective 1) are subject to the provisions of Council Regulation 1260/1999. These Regulations set up the Crofting Community Development Scheme and enable the payment of financial assistance under the Single Programming Document for the Highlands and Islands Special Transitional Programme which, in accordance with Council Regulation 1260/1999, was approved by the European Commission on 8th August 2000. Financial assistance under the Regulations can be provided for the implementation of a development plan which achieves one of the objectives listed in regulation 3(2). An eligible applicant who wishes to benefit from financial assistance must prepare a development plan which must include the information listed at regulation 4(2). Applications can be made at any time. The Scottish Ministers may, however, suspend receipt of applications. The Regulations also-
(b) provide for the levels of financial assistance available including the maximum limits of financial assistance payable (regulation 6); (c) provide for how financial assistance may be claimed and what evidence may be required in support of a claim (regulation 7); (d) provide for retention of information and records (regulation 10); (e) confer powers of entry and inspection for authorised persons to enforce the Regulations (regulation 11); (f) make provision for the revocation of approval and the withholding or recovery of financial assistance (regulation 12); (g) make provision for payment of interest on financial assistance recovered under these Regulations (regulation 13); and (h) create offences of knowingly or recklessly making a false statement to obtain financial assistance or of obstructing authorised persons acting under the Regulations (regulations 14 and 15).
A copy of the Commission Decision approving the Single Programming Document, together with a copy of the Single Programming Document, may be inspected at the Scottish Executive Rural Affairs Department, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY. [3] O.J. No. L 160, 26.6.99, p.80.back [4] O.J. No. L 161, 26.6.99, p.1.back [5] O.J. No. L 063, 03.03.01, p.21.back [6] O.J. No. L 214, 13.8.99, p.31.back
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| © Crown copyright 2001 | Prepared 22 June 2001 |
