The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

Made: 6th March 2008

Laid before the Scottish Parliament: 7th March 2008

Coming into force: 29th March 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and all other powers enabling them to do so.

The Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for the reference to Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and the reference to Article 4 and Annex III to Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers to be construed as a reference to that first mentioned Regulation, and to said Article and Annex, as amended from time to time.

Citation, commencement and extent

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• (1) These Regulations may be cited as the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 and come into force on 29th March 2008.

• (2) These Regulations extend to Scotland only.

Interpretation

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• (1) In these Regulations–

• “1911 Act” means the Small Landholders (Scotland) Act 1911 ;

• “1991 Act” means the Agricultural Holdings (Scotland) Act 1991 ;

• “1993 Act” means the Crofters (Scotland) Act 1993 ;

• “2003 Act” means the Agricultural Holdings (Scotland) Act 2003 ;

• “activities” means the activities referred to in regulation 9(1) and columns 2 and 3 of Schedule 2, and “activity” is construed accordingly;

• “applicant” means a person who has submitted an application for aid pursuant to regulation 3, the result of which is still pending;

• “application for aid” means an application for aid under these Regulations, and “application” is construed accordingly;

• “approved proposal” means a proposal for the receipt of aid which the Scottish Ministers have approved under these Regulations for the payment of aid, and “approve” and “approval” are construed accordingly;

• “area related options” means those rural priorities options numbered 15 to 57, 60 and 61 and 74 to 78 in Schedule 2;

• “authorised person” means a person who is authorised by the Scottish Ministers under regulation 14, either generally or specifically, to act in relation to matters arising under these Regulations;

• “beneficiary” means–a person whose application for aid has been approved by the Scottish Ministers; ora person who takes on an undertaking on a change of occupation as provided in regulation 13;

• “capital items” means the capital items referred to in regulation 9 and column 1 of Schedule 3 and any specific capital items referred to in any rural priorities options ... and “capital item” is construed accordingly;

• “Commission Regulation 796/2004” means Commission Regulation (EC) No. 796/2004 laying down detailed rules for the implementation of cross compliance, modulation and the integrated administration and control system provided for in ... Council Regulation 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;

• “Commission Regulation 1974/2006” means Commission Regulation (EC) No. 1974/2006, as amended by Commission Regulations (EC) No. 434/2007 and (EC) 1236/2007 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) ;

• “Commission Regulation 1975/2006” means Commission Regulation (EC) No. 1975/2006 as corrected by Commission Regulation (EC) No. 1396/2007 laying down detailed rules for the implementation of Council Regulation (EC) No. 1698/2005, as regards the implementation of control procedures as well as cross compliance in respect of rural development support measures;

• “compliance requirements” means the compliance requirements specified in regulation 9(5);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Council Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005 , as amended by Council Regulations (EC) No. 1944/2006 and (EC) No. 2012/2006 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);

• “Council Regulation 73/2009” means Council Regulation (EC) 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No.1290/2005, (EC) No. 247/2006, (EC) No. 378/2007 and repealing Regulation (EC) No.1782/2003

• “Crofters Commission” means the Crofters Commission established under section 1 of the Crofters (Scotland) Act 1955 ;

• “eligible land” means land which is eligible in accordance with regulation 7 as read with any relevant specific requirements under the particular rural priorities options;

• “grazings committee” means a committee appointed under section 47(1) or (3) of the 1993 Act and includes a grazing constable;

• “holding” means all the production units managed by a farmer that are situated within Scotland;

• “IACS Regulations” means the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005 ;

• “IACS year” has the meaning given to it in regulation 2(1) of the IACS Regulations;

• “landlord” means–in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the landlord within the meaning of section 85 of the 1991 Act;in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the landlord within the meaning of section 93 of that Act;in the case of a croft within the meaning of the 1993 Act, the landlord within the meaning of section 61(1) of that Act;in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the same as it means in the 1911 Act,and, where appropriate, includes a head tenant;

• “programme guidance” means the guidance published by the Scottish Ministers from time to time under regulation 21 ;

• “regional priorities” means those descriptions of those national policy outcomes which have been identified as regionally important as outlined in the programme guidance;

• “relevant period” means the period of the undertaking as determined under regulation 9(2) and the relevant period may be different for each different undertaking;

• “rural priorities options” means the options set out in Schedule 2;

• “single application” has the meaning given to it in Article 2(11) of Commission Regulation 796/2004;

• “tenant” means–in the case of an agricultural lease constituting a 1991 Act tenancy within the meaning of the 2003 Act, the tenant within the meaning of section 85 of the 1991 Act;in the case of a lease constituting a limited duration tenancy or short limited duration tenancy under the 2003 Act, the tenant within the meaning of section 93 of that Act;in the case of a croft within the meaning of the 1993 Act, the crofter within the meaning of section 3(3) of that Act;in the case of a holding within the meaning of the 1911 Act to which the 1991 Act does not apply, the landholder within the meaning of section 2(2) of the 1911 Act,and, where appropriate, includes a sub tenant; and

• “undertaking” means an undertaking or undertakings in writing given by a beneficiary in accordance with regulation 9.

• (2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000 which has been recorded and is consequently capable of being reproduced.

• (3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or numbered Schedule will be construed as a reference to the regulation or Schedule so numbered in these Regulations.

• (4) Any reference in these Regulations to a numbered paragraph, shall be construed as a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs.

• (5) Words and phrases used in Schedules 2 to 4 and not defined in paragraph (1) or in the particular Schedule will be construed in accordance with Schedule 1.

Application for aid

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• (1) Subject to paragraph (5), an application for aid must be submitted in writing for approval to such authority and in such form and manner as the Scottish Ministers may reasonably require.

• (2) An application for aid by a grazings committee must include–

• (a) the written consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing which is the subject of the proposal;

• (b) evidence that notice has been given in accordance with regulation 6(4); and

• (c) confirmation from the Crofters Commission that it has approved the proposal or, as the case may be, has received no representation under regulation 6(5).

• (3) The Scottish Ministers may at any time suspend the operation of the programme provided for by these Regulations and, while so suspended, no application for aid under paragraph (1) may be submitted to them.

• (4) An applicant may submit more than one application under this regulation.

• (5) The application for aid must include an undertaking.

• (6) Where such undertaking specifies activities under area related options, the applicant must be either–

• (a) the owner of the eligible land; and

• (i) in lawful actual occupation of that land; or

• (ii) have undertaken jointly with any tenant to assume the obligations under their activities or an undertaking (regulation 13 applying in the case where the tenant's tenancy has ended); or

• (b) the tenant of the eligible land who is in lawful actual occupation of that land–

• (i) under a lease which will run until the end of the relevant period of the undertaking;

• (ii) under a lease with security of tenure by virtue of any statutory provision until the end of that period; or

• (iii) in the case where neither (i) nor (ii) applies where the tenant has jointly with the landlord given the undertaking until the end of that period (in which case regulation 13 shall apply);

• (7) Where there is more than one relevant period in relation to an undertaking or undertakings the longer of the relevant periods is deemed to be the relevant period for the purposes of paragraph (6).

• (8) An applicant must provide any information and evidence the Scottish Ministers reasonably require in order to consider the application.

Payment of aid

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• (1) Subject to the provisions of these Regulations, the Scottish Ministers may make payment of aid to a beneficiary who has given an undertaking.

• (2) Where such undertaking includes activities or capital items under area related options, the Scottish Ministers may make payment of aid to a beneficiary who is the owner or tenant of the eligible land to which the undertaking relates and is in lawful occupation of that land or, in the case of an owner, has jointly with the tenant, given such undertaking.

• (3) Payment of aid shall be made subject to the condition that the beneficiary complies with the undertaking.

Outcome plans

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Crofters common grazings

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• (1) Subject to paragraph (4), a grazings committee may, with the consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing, submit an application for aid in relation to that common grazing.

• (2) Where an undertaking is given by a grazings committee, such undertaking must include an obligation upon the committee to bind their successors in office to the undertaking.

• (3) Subject to paragraph (4), payments of aid to a grazings committee must be made to the clerk of the grazings committee and the clerk shall–

• (a) divide the aid among the eligible crofters in such proportion as determined by the grazings committee; or

• (b) reimburse the aid accordingly.

• (4) Prior to submitting an application for aid a grazings committee must give notice of their intention to do so and of their proposed division of the aid or reimbursement under paragraph (3), by serving notice in writing of the proposed application and the proposed division of aid or reimbursement on all crofters sharing in that common grazing.

• (5) Any such crofter as is mentioned in paragraph (4) may within one month of the date of the notice under that paragraph make representations in respect of the proposed application and the proposed division of aid or reimbursement to the Crofters Commission who may approve the proposed application and the proposed division of aid or reimbursement with or without modification, or reject them.

• (6) Where the Crofters Commission receives representations under paragraph (5) in respect of a proposed application the grazings committee will only be entitled to submit the proposed application, incorporating any modification made by the Crofters Commission, approved by the Crofters Commission under paragraph (5).

• (7) Where an undertaking is given by a grazings committee, the actings in relation to the relevant common grazing or part of the common grazing of any crofter with a share in that common grazing or part, and any breach of the undertaking by such a crofter, will be deemed to be the actings of, or a breach by, the grazings committee for the purposes of these Regulations.

Eligible land

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• (1) Where an undertaking includes activities and capital items under area related options, land is eligible to have such activities or capital items carried out on it if it is land in Scotland declared in the single application and–

• (a) the land is–

• (i) comprised in an agricultural parcel in accordance with Article 19 of Council Regulation 73/2009 and Article 12(1)(d) of Commission Regulation 796/2004 and given a unique identification number compatible with the identification system for agricultural parcels referred to in Article 17 of Council Regulation 73/2009; or

• (ii) approved for that purpose and given a unique identification number compatible with the identification system for agricultural parcels referred to in Article 17 of Council Regulation 73/2009 by the Scottish Ministers; and

• (b) compliant with any particular eligibility or site requirements specified in column 2 of Schedule 2 in relation to the particular activity under the relevant area related option.

• (2) In declaring the land in the application for aid under paragraph (1), the applicant must use the unique identification number for each reference parcel of land under or compatible with the identification system for agricultural parcels referred to in Article 17 of Council Regulation 73/2009 and Article 6 of Commission Regulation 796/2004 where that number exists at the date of the application.

Determination of applications for aid

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• (1) The Scottish Ministers may approve (in whole or in part) or may reject an application for aid and in determining whether an application should be so approved or rejected, they must have regard to–

• (a) the extent to which the application–

• (i) meets regional priorities; and

• (ii) is feasible and economically viable;

• (b) the aid likely to be required and how that value compares with other applications; and

• (c) the value for money which the application represents having regard to sub-paragraphs (a) and (b).

• (2) Approval of an application for aid may be subject to such conditions as the Scottish Ministers think fit.

• (3) The Scottish Ministers must notify the applicant in writing of their decision in respect of the application and notify the applicant whose application has been approved under this paragraph of any conditions relating to such approval which they have imposed under paragraph (2) above.

• (4) The Scottish Ministers may vary an approval of an application as they think fit including any conditions subject to which it was given.

• (5) Before varying an approval or conditions attached to an approval in accordance with paragraph (4), the Scottish Ministers must–

• (a) give to the beneficiary written notification of the variation or amendment proposed;

• (b) give the beneficiary an opportunity to make representations about the proposed variation within such time and in such form as the Scottish Ministers may require; and

• (c) consider any such representations.