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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2003 No. 209

AGRICULTURE

The SFGS Farmland Premium Scheme 2003

  Made 19th March 2003 
  Coming into force in accordance with paragraph 1

The Scottish Ministers, in exercise of the powers conferred by section 2 of the Farm Land and Rural Development Act 1988[1] and of all other powers enabling them in that behalf, hereby make the following Scheme, a draft of which has, in accordance with section 2(4) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and extent
     1.  - (1) This Scheme may be cited as the SFGS Farmland Premium Scheme 2003 and shall come into force on the day after the day on which it is made or 1st April 2003 if later.

    (2) This Scheme extends to Scotland only.

Interpretation
    
2. In this Scheme-

any such land shall be deemed to form part of that applicant's holding;

and references to "occupies" and "occupation" shall be construed accordingly;

Approval of applications
     3.  - (1) Subject to the provisions of this Scheme, the Scottish Ministers may approve an application in relation to any eligible land if the applicant-

    (2) Subject to the provisions of this Scheme, the Scottish Ministers may approve an application in respect of land comprising converted land, or eligible land in relation to which a conversion plan remains to be carried out, if the applicant-

    (3) An application shall not be taken to be approved unless either-

Application for grant
    
4. Every application shall be made in such form as the Scottish Ministers may require.

Restrictions on approval of application: general
    
5.  - (1) The Scottish Ministers shall not approve an application which relates to land which-

    (2) For the purposes of sub-paragraph (1)(a) above, "owner" means proprietor of the dominium utile, and where land is occupied by a sub-tenant, includes a superior tenant.

    (3) The Scottish Ministers shall not approve an application under paragraph 3(1) which relates to land which, in their opinion, has been converted to woodlands or had carried out on it any operations relating to such conversion, whether or not such conversion or operations were carried out in pursuance of a written agreement made with the Forestry Commissioners under the Scottish Forestry Grants Scheme.

    (4) The Scottish Ministers shall not approve an application which relates to land-

    (5) The Scottish Ministers shall not approve an application which relates to any land which is to be converted to woodlands-

    (6) The Scottish Ministers shall refuse to approve an application which relates to any land if it appears to them that the conversion to woodlands of that land would frustrate the purpose of any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community, or that the payment of grant under this Scheme in respect of that land would duplicate any such assistance.

Restriction on approval of applications: resumed land
     6. The Scottish Ministers shall not approve an application which relates to land, possession of which was obtained from a tenant of that land by means of-

Restrictions on approval of applications: area limits
     7.  - (1) The Scottish Ministers shall not approve under paragraph 3(1) an application if it concerns the conversion to woodlands of less than 1 hectare of eligible land or such other area as may be specified in the Rural Development Plan approved under Council Regulation 1257/99.

    (2) Except in the case of an application relating to a common grazing, the Scottish Ministers shall not approve an application if they decide that the application concerns the conversion to woodlands of more than-

    (3) In considering whether to make the decision referred to in sub paragraph (2) above, the Scottish Ministers may take into account any areas of land converted or to be converted to woodlands pursuant to an approval of any other application relating to land which it would be reasonable for them to regard as falling within the same holding, were this Scheme a Community scheme as defined in Article 1 of Council Regulation 3508/92.

    (4) In the case of an application relating to a common grazing, the Scottish Ministers shall not approve an application which, whether by itself or when taken with any other application relating to the common grazing, concerns the conversion to woodlands of more than 100 hectares of the eligible land comprised in that common grazing, or any other such area as may be specified in the Plan approved in accordance with Council Regulation 1257/99.

Requirements for persons taking part in the Scheme
    
8. An applicant shall undertake to the Scottish Ministers that the applicant, or the executors of the applicant, will-

Grants under this Scheme
    
9.  - (1) Subject to the provisions of this Scheme, the Scottish Ministers may make to an initial entrant or a successor, or executors of such an initial entrant or successor, grants for abating financial loss which has been or will be suffered in consequence of occupation of converted land by such person.

    (2) Subject to sub-paragraph (3) below, grants under sub-paragraph (1) above shall be made annually in relation to the categories of converted land specified in column 1 of Schedule 1 to this Scheme at the rate per hectare specified in the corresponding entry in column 2 of that Schedule and shall be made in respect of the area of such converted land remaining in the occupation of the claimant at the time the claim for payment is made.

    (3) Where an applicant, in the area aid application of that person submitted in relation to any period in respect of which payment is made under this Scheme, counts an area of converted land as set aside for the purposes of the set-aside requirement, the rate payable under this Scheme in relation to that area of converted land in respect of any period for which it is so counted, shall not exceed the set aside payment in relation to that land.

    (4) For the purposes of this paragraph-

Duration and payment of grant
     10.  - (1) The number of annual payments under paragraph 9 made in respect of any area of converted land of a category specified in column 1 of Schedule 2 to this Scheme shall not exceed the maximum number specified in the corresponding entry in column 2 of that Schedule in relation to converted land of that category.

    (2) For the purposes of this paragraph-

    (3) In respect of each area of converted land-

Claims for grant
    
11. Every claim for payment under this Scheme shall be made in such form and at such times as the Scottish Ministers may require.

Financial limits
    
12.  - (1) When by reason of the total of applications already approved or received, the Scottish Ministers are at any time of the opinion that the financial resources which are available for payment of grant under this Scheme during any period are insufficient to satisfy the payment during that period, which would result from the approval of any further application, they may decide-

    (2) A decision by the Scottish Ministers under sub-paragraph (1) above may relate to-

and in the case of a decision under sub-paragraph (1)(a) not to accept further applications and to specify a time when further applications may be accepted, shall be published by notice in the Edinburgh Gazette.

Variation of conversion plans
    
13. The occupier of land in respect of which payment of grant is due to be made under this Scheme may, with the prior written agreement of the Scottish Ministers, vary the conversion plan with respect to that land in any manner that the Scottish Ministers may approve consistent with this Scheme, and may thereafter claim payment of grant in respect of the conversion to woodlands in accordance with the plan as so varied.

Withholding and recovery of grant
    
14.  - (1) If at any time after the Scottish Ministers have approved an application it appears to them that the applicant, with a view to obtaining payment of grant under this Scheme, has made any statement or furnished any information which is false or misleading in a material respect, the Scottish Ministers may-

    (2) If, at any time after the Scottish Ministers have approved an application, it appears to them that-

the Scottish Ministers may take one or more of the actions referred to in sub paragraph (3) below.

    (3) The actions referred to in sub paragraph (2) above are, in relation to an application to which that sub-paragraph relates, to-

    (4) For the purposes of sub paragraphs (1)(c) and (3)(c) above, a "related participant" means, in relation to an applicant whose application is approved under paragraph 3(2), any previous occupier, who was, in relation to the land which the application concerns, an initial entrant or a successor.

    (5) For the purposes of sub paragraph (2)(a) above, "reasonable cause" shall be taken to refer to such exceptional circumstances as the Scottish Ministers consider justify the failure referred to therein.

    (6) Where Scottish Ministers terminate an undertaking under sub paragraph (3) above, they may also prohibit the applicant from entering into any new undertaking for such period (not exceeding two years) from the date of the termination as the Scottish Ministers may specify.

    (7) Where the Scottish Ministers are entitled under this paragraph to recover from any person any payment made under this Scheme, the Scottish Ministers may in addition recover from that person interest on the amount of that payment, calculated at the rate of one percentage point above the sterling three months London Interbank Offered Rate, on a day to day basis, from the date when that payment was made to that person to the date of its recovery by the Scottish Ministers.

    (8) In any case, where an amount falls to be paid to the Scottish Ministers, by virtue of (or by virtue of action taken under) this Scheme, the amount so falling to be paid shall be recoverable as a debt.

Obligation to permit entry and inspection
    
15.  - (1) The occupier of land to which an application relates, or which is being converted to woodlands in pursuance of a conversion plan, or which is converted land and in respect of which grant is still being claimed, or which the occupier is required by virtue of an undertaking to maintain in accordance with paragraph 8(b), shall permit any person duly authorised by the Scottish Ministers, accompanied by such persons acting under the instructions of such person as appears to the person so authorised to be necessary for the purpose, at all reasonable times and on production, if requested, of the authority of that person on demand, to enter upon and inspect any such land in order to verify the accuracy of any particulars given in any application or claim made under this Scheme, and compliance with any undertaking given under paragraph 8.

    (2) The occupier shall render all reasonable assistance to the authorised person in relation to the matters mentioned in sub paragraph (1) above, and in particular shall, at the request of that person, accompany that person in making the inspection and shall identify any areas of land which are concerned in the application or claim in question.

Amendment of the Farm Woodland Premium Scheme 1992 and the Farm Woodland Premium Scheme 1992
    
16. The Farm Woodland Premium Scheme 1992[12] and the Farm Woodland Premium Scheme 1997[13] shall be amended in accordance with the provisions of Schedule 3 to this Scheme.


ALLAN WILSON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
19th March 2003



SCHEDULE 1
Paragraph 9(2)


RATES OF GRANT


Column 1 Column 2
     £
Converted land formerly arable land or improved land if neither disadvantaged or severely disadvantaged before conversion 300
Converted land formerly arable land or improved land-     
(a) if disadvantaged before conversion

230
(b) if severely disadvantaged before conversion

160
Converted land formerly unimproved land whether or not disadvantaged or severely disadvantaged before conversion 60



SCHEDULE 2
Paragraph 10


MAXIMUM NUMBER OF PAYMENTS


Column 1 Column 2
Categories of converted land Maximum number of annual payments
Converted land which in the view of the Scottish Ministers consists of more than 50% by area of broadleaved trees or eligible Scots Pine or a combination thereof 15
Converted land which in the view of the Scottish Ministers consists of 50% or less by area of broadleaved trees or eligible Scots Pine or a combination thereof 10



SCHEDULE 3
Paragraph 16

     1.  - (1) The Farm Woodland Premium Scheme 1992 shall be amended as follows.

    (2) For schedule 1 (rates of grant), there shall be substituted the following schedule:-




    (3) For sub-paragraph 9(2B) there shall be substituted the following sub-paragraph:-

     2.  - (1) The Farm Woodland Premium Scheme 1997 shall be amended as follows.

    (2) After paragraph 7 there shall be inserted the following paragraphs:-

    (3) For schedule 1 (rates of grant), there shall be substituted the following schedule:-




    (4) For sub-paragraph 9(4)(b) to (d) there shall be substituted the following sub paragraphs:-



EXPLANATORY NOTE

(This note is not part of the Scheme)


This Scheme extends to Scotland only. It provides for the payment of annual grants to abate financial losses incurred in consequence of the conversion of agricultural land (including common grazings) to use for woodlands. The Scheme complies with Council Regulation (EC) No. 1257/99 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAAGF).

This Scheme supersedes the Farm Woodland Premium Scheme 1997 (S.I. 1997/829) under which no further new applications may be accepted after the coming into force of this Scheme (paragraph 16 and Schedule 3, paragraph 2).

This Scheme provides for applications for grants in respect of eligible land (as defined in paragraph 2) to be made by occupiers of agricultural land carrying on agricultural businesses, and by grazings constables and grazings committees in respect of common grazings. An initial entrant must submit with the application a plan for the conversion of eligible land to woodlands, which must be consistent with proposals for conversion agreed by the applicant with the Forestry Commissioners for the purposes of the Scottish Forestry Grants Scheme (paragraph 3(1)). Where payment of grant is due under the Scheme in respect of converted land, or where the planned conversion has not yet been completed, a successor may apply for grant (paragraph 3(2)). An initial entrant must run an agricultural business, but is not required to maintain that agricultural business once the application has been approved, nor is a successor required to run an agricultural business. Every applicant is required to give undertakings with respect to the planned conversion, the management and use of the land to which the application relates and related matters (paragraph 8).

The Scheme also-

The scheme also amends the Farm Woodland Premium Scheme 1992 (S.I. 1992/905) and the Farm Woodland Premium Scheme 1997 (S.I. 1997/829) by amending the rates of payment under those Schemes.


Notes:

[1] 1988 c.16. The expression the "appropriate authority" upon whom the powers of section 2 are conferred is defined in section 2(6) and 1(5) of the Farm Land and Rural Development Act 1988 and is to be read with the definition of the "appropriate Minister" in those sections. In relation to Scotland the definition of "the appropriate authority" was modified by section 1(6), which was inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820 "the 1999 Order"), Schedule 2, paragraph 88(2). Section 2 was amended, in relation to Scotland, by section 3(2) of the Crofter Forestry (Scotland) Act 1991 (c.18) and the 1999 Order, Schedule 2, paragraph 88(3). 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 consent was removed by section 55 of that Act.back

[2] 1948 c.45.back

[3] O.J. No. L 355, 5.12.92, p.1, as amended by Council Regulation (EC) No. 165/1994 (O.J. No. L 24, 29.1.94, p.6), Council Regulation (EC) No. 3233/1994 (O.J. No. L 338, 28.12.94, p.13), Council Regulation (EC) No. 3235/1994 (O.J. No. L 338, 28.12.94, p.16), Council Regulation (EC) No. 3072/1995 (O.J. No. L 329, 30.12.95, p.18), Council Regulation (EC) No. 1577/1996 (O.J. No. L 206, 16.8.96, p.4), Council Regulation (EC) No. 2466/1996 (O.J. No. L 335, 24.12.96, p.1), Commission Regulation (EC) No. 613/1997 (O.J. No. L 94, 9.4.97, p.1), Council Regulation (EC) No. 820/1997 (O.J. No. L 117, 7.5.97, p.1), Council Regulation (EC) No. 1036/1999 (O.J. No. L 127, 21.5.99, p.4), Council Regulation (EC) No. 1593/00 (O.J. No. L 182, 21.7.00, p.4) and Council Regulation (EC) No. 495/2001 (O.J. No. L 72, 14.3.01, p.6).back

[4] O.J. No. L 160, 26.6.99, p.80.back

[5] 1993 c.44.back

[6] 1979 c.21. Section 1 was amended by the Crofter Forestry (Scotland) Act 1991, section 3(1). The Forestry Commissioners were continued in existence by the Forestry Act 1967 (c.10), s1(1), and are constituted under s.2 of that Act.back

[7] O.J. No. L 160, 26.6.99, p.1. Council Regulation 1251/99 was amended by Council Regulations 2704/99 (O.J. No. L 327, 21.12.99, p.12), 1672/00 (O.J. No. L 193, 29.7.00, p.13) and 1038/01 (O.J. No. L 145, 31.5.01, p.16).back

[8] 1967 c.10.back

[9] Inserted by section 1(a) of the Forestry Act 1986 (c.30).back

[10] 1991 c.55.back

[11] O.J. No. L 193, 29.7.00, p.13.back

[12] S.I. 1992/905.back

[13] S.I. 1997/829, as amended by S.S.I. 2000/290.back

[14] Council Regulation (EEC) 3508/92 (O.J. No. L 355, 5.12.92, p.1) established an integrated administration and control system for certain community aid schemes O.J. No. L 355, 5.12.92, p.1, amended by Council Regulation (EC) No. 165/1994 (O.J. No. L 24, 29.1.94, p.6), Council Regulation (EC) No. 3233/1994 (O.J. No. L 338, 28.12.94, p.13), Council Regulation (EC) No. 3235/1994 (O.J. No. L 338, 28.12.94, p.16), Council Regulation (EC) No. 3072/1995 (O.J. No. L 329, 30.12.95, p.18), Council Regulation (EC) No. 1577/1996 (O.J. No. L 206, 16.8.96, p.4), Council Regulation (EC) No. 2466/1996 (O.J. No. L 335, 24.12.96, p.1), Commission Regulation (EC) No. 613/1997 (O.J. No. L 94, 9.4.97, p.1), Council Regulation (EC) No. 820/1997 (O.J. No. L 117, 7.5.97, p.1), Council Regulation (EC) No. 1036/1999 (O.J. No. L 127, 21.5.99, p.4), Council Regulation (EC) No. 1593/00 (O.J. No. L 182, 21.7.00, p.4) and Council Regulation (EC) No. 495/2001 (O.J. No. L 072, 14.3.01, p.6).back

[15] O.J. No. L 160, 26.6.99, p.1. Council Regulation 1251/99 was amended by Council Regulations 2704/99 (O.J. No. L 327, 21.12.99, p.12), 1672/00 (O.J. No. L 193, 29.7.00, p.13 and 1038/01 (O.J. No. L 145, 31.5.01, p.16).back

[16] O.J. No. L 160, 26.6.99, p.1. Council Regulation 1251/99 was amended by Council Regulations 2704/99 (O.J. No. L 327, 21.12.99, p.12), 1672/00 (O.J. No. L 193, 29.7.00, p.13) and 1038/01 (O.J. No. L 145, 31.5.01, p.16).back



ISBN 0 11062302 9


 
© Crown copyright 2003
Prepared 3 April 2003


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