Agriculture and Rural Communities (Scotland) Act 2024

18 Checking, enforcing and monitoring support

(1) Regulations under section 15(2)(f) may, in particular, make provision for or in connection with—

(a) checking whether eligibility criteria for support are met,

(b) the consequences where support has been provided without eligibility criteria having been met,

(c) enforcing compliance with any conditions to which support is or has been provided,

(d) monitoring the extent to which the purpose of providing support has been achieved,

(e) the creation of offences and investigation of suspected offences in connection with applications for, or the provision of support.

(2) Without limit to the generality of subsection (1), such provision may include provision—

(a) about the provision of information,

(b) conferring powers of entry,

(c) conferring powers of inspection, search and seizure,

(d) about the process for determining whether eligibility criteria for, or conditions applying to, the provision of support are met,

(e) about record keeping,

(f) about the recovery or making good of all or any part of support (with or without interest),

(g) about withholding support, in whole or in part,

(h) about steps to be taken, by a person to whom support is or has been provided, to rectify any breach of a condition applicable to that support,

(i) about imposing monetary penalties (including penalties calculated by reference to the value of any support),

(j) for recovery of amounts due in respect of monetary penalties,

(k) prohibiting a person from receiving support, or support for a particular purpose, for a specified period or until specified conditions are satisfied,

(l) about how decisions are to be reviewed and appeals,

(m) conferring functions (including functions involving the exercise of a discretion) on a person.

(3) Regulations made by virtue of this section may not authorise entry to a private dwelling without a warrant issued by a summary sheriff or sheriff.

(4) The provision which may be made by virtue of subsection (2)(f) includes provision for interest on any recoverable amount to be payable from such day (whether the day on which the financial assistance in question was given or a later day) as may be specified in the regulations.

(5) Regulations made by virtue of subsection (1)(e) creating an offence must provide for the maximum penalty for the offence to be—

(a) on conviction on indictment, a fine, or

(b) on summary conviction, a fine not exceeding the statutory maximum.

(6) In this section, “specified” means specified in, or determined under, regulations made by virtue of subsection (1).