Regulation 5 Determination of applications

(1)

Subject to the provisions of these Regulations and the Community Legislation, the Scottish Ministers as they think fit may–

(a)

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

(b)

cause such approval to be given, and any payment 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 applicants of their decision in respect of that application; and

(b)

notify applicants 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 under the Scheme in relation to a development plan unless they are satisfied that–

(a)

the development plan can be implemented by, or on behalf of, the eligible applicants;

(b)

completion of the development plan will achieve at least one of the objectives specified in regulation 3;

(c)

the projects specified in the development plan relate to two or more of the development sectors specified in Schedule 1; and

(d)

the projects specified in the development plan qualify for financial assistance from the Scottish Ministers or other public sector body or agency.

(4)

Before approving an application (in whole or in part), the Scottish Ministers may consult such body or such other interests as they consider appropriate to satisfy themselves that the implementation of the plan will not discriminate between men and women or between social groups and will not cause any unjustified detrimental effect to the environment.

(5)

The Scottish Ministers may vary the approval or amend conditions attached to the approval in accordance with paragraph (1)(c) above only if they are satisfied as to the matters mentioned in paragraph (3) above.

(6)

Before varying the approval or amending conditions attached to the approval in accordance with paragraph (1)(c) above, the Scottish Ministers shall–

(a)

give to the person to whom the application has been granted written notification of the action proposed to be taken;

(b)

give that person an opportunity to make representations about the action proposed to be taken within such time and in such form as the Scottish Ministers may require; and

(c)

consider any such representations.