# The Crofting Counties Agricultural Grants (Scotland) Scheme 2006, Section 11A: Power of authorised persons

Extent: S

(1) An authorised person may, at all reasonable hours and on producing if so required, their authorisation, enter on any land or premises–
(a) in respect of which an application under paragraph 4 or Part 3 or Part 3A, or a claim under paragraph 5, has been made; or
(b) on which the authorised person has reasonable grounds to believe that documents relating to that application or claim are being kept for any of the purposes specified in sub-paragraph (2).
(2) The purposes in sub-paragraph (1) are–
(a) inspecting the land to which the application under paragraph 4 or Part 3 or Part 3A or claim under paragraph 5 relates;
(b) verifying the accuracy of any information provided by a crofter or eligible occupier or on their behalf, relating to such an application or claim; and
(c) determining whether or not a crofter or eligible occupier has complied with any condition upon which an application has been approved or grant paid.
(3) An authorised person who has entered any land in terms of sub-paragraph (1) may–
(a) inspect the land and any premises, plant, machinery, equipment, document or record on it which that person reasonably believes relates to an application or claim;
(b) require the crofter or eligible occupier, or their employee or agent, to produce, or secure the production of, any document or supply any additional information in their possession or under their control relating to their application or claim, as the case may be;
(c) where any information referred to in sub-paragraph (3)(b) is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been used for storing that information, and require that information to be reproduced in a visible and legible form in which it may be taken away;
(d) require copies of, or extracts from, any such document or other record referred to in sub-paragraphs (3)(a) or (b) to be produced;
(e) retain a copy of any document produced to the authorised person;
(f) seize and retain any document or other record which an authorised person reasonably believes may be required as evidence in proceedings under this Scheme; and
(g) in so far as may be necessary for the purposes of sub-paragraph (2)(b) or (c), inspect and count livestock on the land and may, for this purpose, require the applicant to arrange for the collection, penning and securing of such livestock.
(4) A crofter or eligible occupier and their employee or agent shall give an authorised person all reasonable assistance in relation to the matters mentioned in sub-paragraphs (1) and (3).
(5) An authorised person entering any land under sub-paragraph (1) may be accompanied by such other person as the authorised person considers necessary, and sub-paragraphs (3) and (4) shall apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.
(6) The powers of an authorised person under sub-paragraph (1) apply to any land used for the purposes of a dwellinghouse only where reasonable notice of their intended exercise has been given to all residents of that dwellinghouse.
(7) Where a crofter or eligible occupier or their employee or agent intentionally obstructs an authorised person (or any person accompanying that person and acting under that person’s instructions) in the exercise of the powers under sub-paragraphs (1) and (3), the Scottish Ministers may–
(a) withhold the whole or any part of the grant payable to the crofter or eligible occupier;
(b) recover from the crofter or eligible occupier the amount of grant, or any instalment of grant, paid to them, or such part thereof, as they consider reasonable, in like manner as if it were a debt due by the crofter or eligible occupier to them;
(c) require the crofter or eligible occupier to pay to them an additional sum equal to no more than 10% of the grant paid or payable.

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Source: https://www.legislation.gov.uk/ssi/2006/24/section/11A (the official version)
Page: https://openlegislation.uk/crofting-counties-agricultural-grants-scotland-scheme-2006/section-11A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.