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The Farm Business Development (Scotland) Scheme 2001

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Determination of applications

5.—(1) Subject to the provisions of this Scheme, the Scottish Ministers as they think fit may–

(a)refuse to approve an application or approve it in whole or in part;

(b)cause such approval to be given, and any payments by way of financial assistance to be made, subject to such conditions as they may impose; or

(c)at any time, but subject to sub-paragraphs (7) and (8) below, on giving reasonable notice vary the approval or amend such conditions attached to the approval.

(2) The Scottish Ministers shall in writing–

(a)notify the applicant of their decision in respect of that application; and

(b)notify the applicant whose application has been approved under this paragraph of any conditions, relating to such approval, which they have imposed or amended under sub-paragraph (1) above.

(3) The Scottish Ministers shall not approve an application for financial assistance in relation to a measure, unless they are satisfied that–

(a)the measure is to be carried out by the eligible person;

(b)completion of the measure is likely to meet at least one of the objectives specified in paragraph 3 of this Scheme within the scheme area;

(c)the application relates to one or more of the measures set out in the Schedule to this Scheme;

(d)in relation to applications for measures in Part I of the Schedule to this Scheme–

(i)the economic viability of the eligible business is demonstrated;

(ii)the eligible business complies with the minimum standards regarding the environment, hygiene and animal welfare; and

(iii)the eligible person possesses adequate agricultural skill and competence;

(e)subject to sub-paragraph (4) below, other public funding towards the cost of the measure has not been or will not be sought in respect of the measure, other than under this Scheme; and

(f)the provision of such a measure is appropriate having regard to the need for, and existing provision of, measures of that type in the scheme area.

(4) Where an applicant has sought public funding in respect of the measure concerned otherwise than under this Scheme, but the public funding so sought was not obtained, the duty of the Scottish Ministers to be satisfied as to the matters set out in sub-paragraph (3)(e) above shall not apply in relation to such public funding so sought and not obtained.

(5) Before approving an application (in whole or in part), the Scottish Ministers may consult such persons as they consider appropriate.

(6) The Scottish Ministers shall not approve an application after the seventh anniversary of the coming into force of this Scheme.

(7) The Scottish Ministers may vary the approval or amend conditions attached to the approval in accordance with sub-paragraph (1)(c) above only if they are satisfied as to the matters mentioned in sub-paragraph (3) above.

(8) Before varying the approval or amending conditions attached to the approval in accordance with sub-paragraph (1)(c) above, the Scottish Ministers shall–

(a)give to the person to whom the assistance has been granted written notification of the action proposed to be taken;

(b)give that person an opportunity to make representations about the action proposed to be taken within such time and in such form as the Scottish Ministers consider fit; and

(c)consider any such representations.

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