The Agricultural Processing, Marketing and Co-operation Grants (Scotland) Regulations 2008
| Year | 2008 |
2008 No. 64
AGRICULTURE
The Agricultural Processing, Marketing and Co-operation Grants (Scotland) Regulations 2008
Made 25th February 2008
Laid before the Scottish Parliament 28th February 2008
Coming into force 24th 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 19721.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Agricultural Processing, Marketing and Co operation Grants (Scotland) Regulations 2008 and come into force on 24th March 2008.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
“approved expenditure” means the costs of a project which Ministers have approved for the purpose of calculating grant under these Regulations;
“authorised person” means a person appointed by Ministers for the purpose of enforcement of these Regulations;
“the Community legislation” means–
(a) the Control Regulation;
(b) the Council Regulation;
(c) Commission Regulation (EC) No. 1974/2006, as amended by Commission Regulations (EC) No. 434/20072and (EC) 1236/20073, laying down detailed rules for the application of the Council Regulation,
“the Control Regulation” means Commission Regulation (EC) No. 1975/20064, as corrected by Commission Regulation (EC) No. 1396/20075, laying down detailed rules for the implementation of the Council Regulation as regards the implementation of control procedures in respect of rural development support measures;
“the Council Regulation” means Council Regulation (EC) No. 1698/2005of 20 September 20056, as amended by Council Regulations (EC) No. 1944/20067and (EC) No. 2012/20068, laying down general rules governing Community support for rural development, financed by the European Agricultural Fund for Rural Development (EAFRD);
“grant” means a payment under these Regulations;
“Ministers” means the Scottish Ministers; and
“project” means a project or an investment.
(2) A reference in these Regulations to the Community legislation means a reference to the Community legislation as amended from time to time.
(3) 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 the Electronic Communications Act 20009, which has been recorded and is consequently capable of being reproduced.
Projects which may be considered for grant
3. A project may be considered for grant under these Regulations if Ministers think the grant would fulfil an agricultural purpose provided for in–
(a) Articles 20(b)(iii) and 28 of the Council Regulation (adding value to agricultural products);
(b) Articles 20(b)(iv) and 29 of the Council Regulation (promoting cooperation for development of new products, processes and technologies in the agriculture and food sector); or
(c) both paragraphs (a) and (b).
Supported project costs
4. Grant may support the following costs of a project–
(a) product development;
(b) development of facilities;
(c) project management;
(d) acquisition and hire of vehicles and equipment;
(e) marketing and publicity;
(f) market consultancy and market research;
(g) contributing to, or encouraging, economic development; and
(h) providing or improving training.
Determination of applications
5.—(1) Paragraph (2) applies where–
(a)
(a) an application is made for grant towards a project; and
(b)
(b) the project may be considered for grant under regulation 3.
(2) Where this paragraph applies, Ministers may approve an application for grant in whole or in part, or they may reject it.
(3) But, when considering an application, Ministers must have regard to–
(a)
(a) the total amount of grant monies available;
(b)
(b) the benefits of the project;
(c)
(c) the level of grant which is either necessary or appropriate to enable the project to proceed; and
(d)
(d) the value for money which the project represents and the level of grant likely to be required and how that value compares with other applications.
(4) Applicants must provide any information Ministers reasonably require in order to consider an application.
(5) Where Ministers approve an application, they–
(a)
(a) must determine the approved expenditure and the amount of grant payable to the applicant;
(b)
(b) may impose such conditions on the approval as they think fit (including conditions as to the manner and date of completion of the project); and
(c)
(c) may vary their approval of the application at the request of, or with the consent of, the applicant.
(6) Ministers must notify the applicant of their decision under paragraph (2) in such manner as they think appropriate; where the application is approved, Ministers must include in the notice the matters referred to in paragraph (5).
Payment of grant
6.—(1) Ministers need not make any payment of grant unless–
(a)
(a) they have approved an application for grant under regulation 5(2);
(b)
(b) they receive a claim for payment made by the applicant; and
(c)
(c) the project has been completed (or a stage of the project has been completed).
(2) It is for Ministers to determine the form and manner for making a claim for payment.
(3) Ministers may make payments of grant–
(a)
(a) by lump sum or by instalments; and
(b)
(b) subject to any conditions (including conditions as to the manner and date of completion of the project and its continuation) as Ministers consider appropriate.
(4) Ministers must comply with the Community legislation in paying any grant.
Guidance
7.—(1) Ministers may publish guidance from time to time on–
(a)
(a) applying for grant;
(b)
(b) the costs (including the proportion of costs) which may be supported by grant under regulation 4 of these Regulations; and
(c)
(c) generally, how Ministers intend to perform their functions under these Regulations.
(2) Ministers must have regard to any guidance which they publish under paragraph (1).
(3) Where Ministers publish guidance under paragraph (1)(b) (supported project costs), they must have regard to that guidance in determining the amount of approved expenditure under regulation 5(5)(a).
Information and records
8.—(1) An applicant must–
(a)
(a) retain all invoices, accounts and other relevant documents in relation to the application and produce them for inspection if required to do so by Ministers; and
(b)
(b) provide such additional information in relation to the project or the grant monies paid in pursuance of that project as Ministers may require.
(2) The duties in paragraph (1) apply–
(a)
(a) in the case of a grant for the purchase of heritable property, for a period of ten years;
(b)
(b) in any other case, for a period of six years,
(in either case) following the last payment of grant under these Regulations.
(3) If the applicant transfers the original of any document referred to in paragraph (1) to another person in the normal course of business, the duty under paragraph (1) is treated as fulfilled if the applicant keeps a copy of that document for the applicable period.
(4) Paragraph (1) above does not apply to any document held by an authorised person which has been removed under regulation 9(4)(d).
Powers of authorised persons
9.—(1) An authorised person may, at any reasonable time, enter upon any land to–
(a)
(a) verify the accuracy of any information contained in an application or a claim for payment under these Regulations or any other information provided by the applicant relating to the project;
(b)
(b) ascertain whether any grant is payable or recoverable under these Regulations, or the amount that is payable or recoverable; and
(c)
(c) ascertain whether an offence under these Regulations has been or is being committed.
(2) Paragraph (1) applies to land–
(a)
(a) which is the subject of, or connected with the carrying out of, a project in respect of which an application has been made under these Regulations;
(b)
(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.
(3) But, where land is used for the purposes of a dwelling-house, an authorised person may only enter it under paragraph (1) where reasonable notice of the intention to exercise that right has been given to all residents of the dwelling-house.
(4) An authorised person–
(a)
(a) may inspect the land and any premises, document, plant, machinery or equipment which that person reasonably believes relates to the grant or the project;
(b)
(b) may require the applicant, or any employee, servant or agent of the applicant–
(i) to produce, or secure the production of, any document relating to the grant or project; and
(ii) to...
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