Regulation 4 Amendment of the ESA Orders

Each of the ESA Orders shall be amended as follows.

Article 5(b) shall be omitted.

There shall be inserted after article 5C–

“

5D

(1)

Where the Scottish Ministers consider that there has been a breach of any of the requirements referred to in articles 4 or 4A, they may make a decision to that effect.

(2)

Before making a decision under paragraph (1) above, the Scottish Ministers shall–

(a)

give the crofter, farmer or common grazing committee (as the case may be) a written explanation of the reasons for considering that there has been a breach of any of the requirements referred to in articles 4 or 4A;

(b)

afford that person an opportunity of making representations in that regard within such time and in such form as they think fit; and

(c)

consider any such representations.”.