The Crofting Community Development Scheme (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations introduce measures to supplement–

1.  Council Regulation (EC) No 1257/1999 of 17th May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (O.J. No. L 160, 26.6.99, p.80);

2.  Council Regulation (EC) No 1260/1999 of 21st June 1999 laying down general provisions on the Structural Funds (O.J. No. L 161, 26.6.99, p.1); and

3.  Commission Regulation (EC) No 1750/1999 of 23rd July 1999n laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (O.J. No. L 214, 13.8.99, p.31).

The Community legislation referred to above provides for payment of assistance from the Guidance Section of the European Agricultural Guidance and Guarantee Fund for measures which promote rural development falling within the scope of Council Regulation 1257/1999. Measures relating to Objective 1 areas (which include the Highlands and Islands for transitional support under Objective 1) are subject to the provisions of Council Regulation 1260/1999.

These Regulations set up the Crofting Community Development Scheme and enable the payment of financial assistance under the Single Programming Document for the Highlands and Islands Special Transitional Programme which, in accordance with Council Regulation 1260/1999, was approved by the European Commission on 8th August 2000.

Financial assistance under the Regulations can be provided for the implementation of a development plan which achieves one of the objectives listed in regulation 3(2).

An eligible applicant who wishes to benefit from financial assistance must prepare a development plan which must include the information listed at regulation 4(2). Applications can be made at any time. The Scottish Ministers may, however, suspend receipt of applications.

The Regulations also–

(a) make provision for the determination of applications by the Scottish Ministers (regulation 5);

(b) provide for the levels of financial assistance available including the maximum limits of financial assistance payable (regulation 6);

(c) provide for how financial assistance may be claimed and what evidence may be required in support of a claim (regulation 7);

(d) provide for retention of information and records (regulation 10);

(e) confer powers of entry and inspection for authorised persons to enforce the Regulations (regulation 11);

(f) make provision for the revocation of approval and the withholding or recovery of financial assistance (regulation 12);

(g) make provision for payment of interest on financial assistance recovered under these Regulations (regulation 13); and

(h) create offences of knowingly or recklessly making a false statement to obtain financial assistance or of obstructing authorised persons acting under the Regulations (regulations 14 and 15).

A copy of the Commission Decision approving the Single Programming Document, together with a copy of the Single Programming Document, may be inspected at the Scottish Executive Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.