The Agricultural Subsidies (Appeals) (Scotland) Amendment Regulations 2001

Amendment of the ESA Orders

4.—(1) Each of the ESA Orders shall be amended as follows.

(2) Article 5(b) shall be omitted.

(3) There shall be inserted after article 5C–

“5D.— (1) Where the Scottish Ministers consider that there has been a breach of any of the requirements referred to in articles 4 or 4A, they may make a decision to that effect.

(2) Before making a decision under paragraph (1) above, the Scottish Ministers shall–

(a) give the crofter, farmer or common grazing committee (as the case may be) a written explanation of the reasons for considering that there has been a breach of any of the requirements referred to in articles 4 or 4A;

(b) afford that person an opportunity of making representations in that regard within such time and in such form as they think fit; and

(c) consider any such representations.”.