Regulation 6 Determination of applications

(1)

Subject to the provisions of these Regulations, the Scottish Ministers as they think fit may in accordance with the F1EU legislation–

(a)

refuse to approve an application or approve it in whole or in part;

(b)

cause such approval to be given, and any payments 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–

(a)

notify the applicant of their decision in respect of that application; and

(b)

notify the applicant 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 in relation to a measure unless they are satisfied that–

(a)

the measure is to be carried out by the eligible person;

(b)

completion of the measure is likely to meet at least one of the objectives of the scheme specified in regulation 3;

(c)

the application relates to one or more of the measures set out in the Schedule;

(d)

in relation to applications for measures in Parts I and II of the Schedule–

(i)

the economic viability of the eligible business is demonstrated;

(ii)

the eligible business complies with the minimum standards regarding the environment, hygiene and animal welfare; and

(iii)

the eligible person possesses adequate agricultural skill and competence;

(e)

F2subject to paragraph (3A) below, other public funding towards the cost of the measure has not been or will not be sought in respect of the measure, other than under these Regulations; and

(f)

the provision of such a measure is appropriate having regard to the need for, and existing provision of, measures of that type in the scheme area.

F3(3A)

Where an applicant has sought public funding in respect of the measure concerned otherwise than under these Regulations, but the public funding so sought was not obtained, the duty of the Scottish Ministers to be satisfied as to the matters set out in paragraph (3)(e) above shall not apply in relation to such public funding so sought and not obtained.

(4)

Before approving an application (in whole or in part), the Scottish Ministers may consult such persons as they consider appropriate.

Annotations

Textual amendments

F1: Word in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
F2: Words in reg. 6(3)(e) inserted (19.2.2001) by The Highland and Islands Agricultural Processing and Marketing Grants Etc. (Scotland) Regulations 2001 (revoked) 2001 (S.S.I. 2001/40), regs. 1(2), 14(3)
F3: Reg. 6(3A) inserted (19.2.2001) by The Highland and Islands Agricultural Processing and Marketing Grants Etc. (Scotland) Regulations 2001 (S.S.I. 2001/40), regs. 1(2), 14(4)