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

JurisdictionScotland
CitationSSI 2008/100
(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.(1) In these Regulations–(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 (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.(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.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;evidence that notice has been given in accordance with regulation 6(4) ; andconfirmation 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.in lawful actual occupation of that land; orhave 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) ; orunder a lease which will run until the end of the relevant period of the undertaking;under a lease with security of tenure by virtue of any statutory provision until the end of that period; orin 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.(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.
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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.

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