The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011

Type Scottish-Statutory-Instrument
Publication 2011-02-10
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
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Made: 10th February 2011

Laid before the Scottish Parliament: 14th February 2011

Coming into force: 1st April 2011

In accordance with section42(1) of that Act, they have consulted the Crofters Commission.

Citation, commencement and interpretation

1

This Scheme may be cited as the Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011 and comes into force on 1st April 2011.

2

In this Scheme, “the principal Scheme” means the Crofting Counties Agricultural Grants (Scotland) Scheme 2006[^f00002].

Amendment of the principal Scheme

3

  • “application” means an application for grant under this Scheme and “applicant” is to be construed accordingly;
  • “designated maps” means the fourmaps numbered 1 to 4, each such map being marked “Map of less-favoured farming areas in Scotland”, dated 5thMay 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Government Rural Payments and Inspections Directorate, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD;

; and

  • “eligible occupier” means— an owner-occupier crofter; the subtenant of a croft or part of a croft occupying under a sublease granted by a crofter with the written consent of the Crofters Commission under section27(2) of the Act of 1993 and in accordance with any conditions imposed by them under section27(5) of that Act; or the tenant under a short lease of an owner-occupied croft (or any part of it) granted by an owner-occupier crofter with the consent of the Crofters Commission under section29A(1) of the Act of 1993[^f00003] and in accordance with any conditions imposed by them under section29A(4) of that Act;

(1A) This sub-paragraph applies where the applicant crofter, eligible occupier or each member of the grazings committee or group referred to in paragraph6(1)(b) is under 40years of age at the time of making the application.

(10) (1) Where the croft or, as the case may be, part of the croft is in a Less Favoured Area, the amount of any grant payable under this Part of this Scheme shall not exceed a sum equal to 50% of the contribution or, where sub-paragraph (3) applies, 60% of the contribution, up to the total amount of grant specified in paragraph 6(1). (2) Where the croft or, as the case may be, part of the croft is in an area other than a Less Favoured Area, the amount of any grant payable under this Part of this Scheme shall not exceed a sum equal to 40% of the contribution or, where sub-paragraph (3) applies, 50% of the contribution, up to the total amount of grant specified in paragraph 6(1). (3) This sub-paragraph applies where the applicant crofter, eligible occupier or each member of the grazings committee or group referred to in paragraph6(1)(b) is under 40years of age at the time of making the application.

Saving provision

4

In respect of an application for grant made by an eligible occupier under the principal Scheme before 1st April 2011, the principal Scheme continues to have effect as if the amendment made by paragraph 3(2)(c) had not been made.

Signed

R CUNNINGHAM — Authorised to sign by the Scottish Ministers — 10th February 2011

Explanatory note

(This note is not part of the Scheme)

EXPLANATORY NOTE

The Crofting Counties Agricultural Grants (Scotland) Scheme 2006 (S.S.I. 2006/24) (“the 2006 Scheme”) enables the Scottish Ministers to make grants to crofters and certain occupiers and tenants of land in the crofting counties—

This Scheme amends the 2006 Scheme by—

Paragraph 4 makes a saving provision in respect of applications for grant by eligible occupiers under the 2006 Scheme made before 1st April 2011.

Footnotes

[^f00001]: 1993 c.44; section42(1) was amended by the Crofting Reform etc. Act 2007 (asp7) (“2007 Act”), schedule1, paragraph2(10)(a); section42(1A) was inserted by the 2007 Act, schedule1, paragraph2(10)(b); section46(4) was amended by the 2007 Act, schedule1, paragraph2(13)(d) and the Crofting Reform (Scotland) Act 2010 (asp14), schedule4, paragraph3(27). The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.S.I. 2006/24 as amended by S.S.I. 2008/58.

[^f00003]: Section 29A was inserted by section 39 of the Crofting Reform (Scotland) Act 2010 (asp 14).

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