Agriculture and Rural Communities (Scotland) Act 2024

General provision about support

8 Form of support and conditions

(1) Support may be provided—

(a) in such manner as the Scottish Ministers consider appropriate including, in particular, financial support by way of grant, loan or guarantee, and

(b) under or in accordance with a scheme established by regulations made under section 15(1), a scheme established administratively, or otherwise.

(2) Except as otherwise provided in regulations made under section 15(1), the Scottish Ministers may impose such conditions on the provision of support as they consider appropriate.

(3) The conditions that may be imposed may, in particular, include conditions requiring the repayment or otherwise making good of any financial support (with or without interest).

9 Guidance

(1) The Scottish Ministers may by regulations make provision in relation to guidance about support (including the guidance contained in the Code of Sustainable and Regenerative Agriculture (see section 29)).

(2) Provision under subsection (1) may, in particular, include provision—

(a) requiring that guidance on a particular scheme or purpose be laid before the Scottish Parliament and published,

(b) requiring regard to be had by particular persons to the guidance,

(c) specifying the extent to which compliance with guidance on a particular topic is relevant in determining whether a person has complied with a statutory duty or condition of support,

(d) specifying the admissibility or evidential value of the guidance in legal proceedings.

(3) Regulations under this section are subject to the negative procedure.

10 Delegation

(1) The Scottish Ministers may delegate functions relating to the providing of support to any other person.

(2) Functions delegated under subsection (1) may—

(a) include the giving of guidance, or

(b) permit the exercise of discretion in relation to a function.

(3) The delegation of functions under subsection (1) does not—

(a) affect the Scottish Ministers’ responsibility for the performance of the function, or

(b) prevent the Scottish Ministers from performing the function themselves.

11 Power to cap support and assistance

(1) The Scottish Ministers may by regulations—

(a) limit the overall amount of support or relevant assistance (or both) that a person may receive within a payment period (or periods),

(b) provide for the amount of support or relevant assistance (or both) that a person may receive in a payment period (or periods) to progressively reduce where the support exceeds a specified amount of support.

(2) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider appropriate.

(3) Regulations under this section are subject to the affirmative procedure.

(4) In this section—

• “payment period” means any specified period relating to the payment of support,

• “relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation) for a purpose similar to a purpose described in schedule 1,

• “specified” means specified in regulations under subsection (1).

12 Refusal or recovery of support where in the public interest

(1) The Scottish Ministers may (in accordance with any regulations made under subsection (2))—

(a) refuse to provide support if they consider that it is not in the public interest for a person to receive it, and

(b) in a case where the Scottish Ministers consider that it was not in the public interest to have provided support to a person, take such steps as they consider appropriate to recover it.

(2) The Scottish Ministers may by regulations make provision in connection with the exercise of their powers under subsection (1) including provision specifying—

(a) persons in respect of whom the powers may be exercised,

(b) circumstances in respect of which the powers may be exercised,

(c) matters that the Scottish Ministers must take into account when considering whether to exercise the powers,

(d) the manner and circumstances in which a person who has had support refused or recovered under subsection (1) may—

(i) have the Scottish Ministers review their decision to exercise the powers, or

(ii) appeal the decision.

(3) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider likely to be affected by provisions in this section.

(4) Regulations under this section are subject to the negative procedure.