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The Farm Business Development (Scotland) Amendment Scheme 2004

S.S.I. 2004/236 · Made 21 May 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Scheme made by the Scottish Ministers, laid before the Scottish Parliament under section 29(2)(d) of the Agriculture Act 1970, for approval by resolution of the Scottish Parliament within 40 days beginning with the day on which the Scheme was made.

AGRICULTURE

Made 21st May 2004

Laid before the Scottish Parliament 24th May 2004

Coming into force 5th July 2004

The Scottish Ministers, in exercise of the powers conferred by section 29 (1) and (2) of the Agriculture Act 1970f1 and of all other powers enabling them in that behalf, hereby make the following Scheme:

Annotations to the whole text

Footnotes

f1

1970 c. 40. Section 29 was amended by section 10 of the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), section 15 of the Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) and Schedule 1 to the Statute Law (Repeals) Act 1986 (c. 12). Section 28 contains a definition of “the appropriate authority” and “the appropriate Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain Treasury approval was removed by section 55 of that Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Farm Business Development (Scotland) Scheme 2001
  3. Signature
  4. Explanatory note

1Citation and commencement

This Scheme may be cited as the Farm Business Development (Scotland) Amendment Scheme 2004 and shall come into force on 5th July 2004.

2Amendment of the Farm Business Development (Scotland) Scheme 2001

(1)

The Farm Business Development (Scotland) Scheme 2001f1 is amended in accordance with this paragraph.

(2)

In paragraph 2(1) (Interpretation), for the definition of “eligible person” substitute–

  • ““eligible person” means–

    1. (a)

      a person who is a legal occupier of an agricultural unit and who operates an eligible business on that unit;

    2. (b)

      a person authorised to act on behalf of such legal occupier;

    3. (c)

      where such legal occupier is a natural person, any member of the immediate family of the legal occupier who resides on or adjacent to that agricultural unit and is acting with the legal occupier’s consent; or

    4. (d)

      where such legal occupier is a partnership or company, any member of the immediate family of a partner in that partnership or a director or secretary of that company who resides on or adjacent to that agricultural unit and is acting with the legal occupier’s consent except where that immediate family member is also a partner in that partnership or a director or secretary of that company;”.

Signature

ROSS FINNIE

A member of the Scottish Executive

Pentland House, Edinburgh

21st May 2004

Explanatory note

(This note is not part of the Scheme)

This instrument amends the Farm Business Development (Scotland) Scheme 2001 (“the Scheme”) which enables the payment of financial assistance for measures which are listed in Parts I and II of the Schedule to the Scheme for that part of Scotland outwith the Highlands and Islands area.

Paragraph 2 amends the definition of “eligible person” in the Scheme to include a member of the immediate family of a partner in a partnership or a director or secretary of a company where a partnership or company is the legal occupier and the family member resides on or adjacent to the agricultural unit and is acting with the legal occupier’s consent. An immediate family member is excluded in the circumstances where that family member is also a partner in the partnership or director or secretary of the company which is the legal occupier.