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Scottish Statutory Instruments

2000 No. 290

AGRICULTURE

The Farm Woodland Premium Scheme Amendment (Scotland) Regulations 2000

Made

18th August 2000

Laid before the Scottish Parliament

21st August 2000

Coming into force

21st August 2000

The Scottish Ministers in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972(1), make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Farm Woodland Premium Scheme Amendment (Scotland) Regulations 2000 and come into force on 21st August 2000.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations “the Scheme” means the Farm Woodland Premium Scheme 1997(2).

Application

3.  These Regulations apply–

(a)to any application for grant under the Scheme made on or after 21 August 2000; and

(b)to any application for grant under the Scheme made before that date in relation to which no approval has been issued where the applicant confirms in writing that they wish the application to be treated as if it were an application made on or after that date.

Amendment of the Farm Woodland Premium Scheme 1997

4.—(1) In paragraph 2(1) (interpretation) of the Scheme there is inserted–

(a)after the definition of “Council Regulation 3508/92”–

“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(3);; and

(b)after the definition of “occupier”–

“the Plan” means the rural development plan drawn up in relation to Scotland and submitted in accordance with Article 41 of Council Regulation 1257/1999;.

(2) After paragraph 8(f) (requirements for persons taking part in the Scheme) of the Scheme, there is inserted–

(fa)comply with any requirement by reference to which grant may be paid under this Scheme included in the Plan approved in accordance with Council Regulation 1257/1999;.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th August 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations which extend to Scotland only amend the Farm Woodland Premium Scheme 1997 (S.I. 1997/829) (“the Scheme”) in consequence of the coming into force of Council Regulation (EC) No 1257/99 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (“the Rural Development Regulation”). The Rural Development Regulation applies to Community support as from 1 January 2000 and provides for Community support for rural development measures set out in the Scottish Rural Development Plan (“the Plan”) covering the 7 year period from 1 January 2000.

These Regulations apply to applications for grant under the Scheme made on or after 21 August 2000 and to any applications made before that date in relation to which no approval has been issued where the applicant confirms in writing that they wish their application to be treated as if it were an application made on or after that date (regulation 3).

These Regulations introduce as part of the undertaking required of applicants an undertaking to comply with any requirement by reference to which grant may be paid under the Scheme included in the Plan (regulation 4).

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

S.I. 1997/829.

(3)

O.J. No. L 160, 26.6.1999, p.80.