The Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003

Scheme made by the Scottish Ministers, laid before the Scottish Parliament under section 29(2) of the Agriculture Act 1970, for approval by resolution of the Scottish Parliament within forty days beginning with the day on which the Scheme was made, subject to extension for periods of dissolution or recess for more than four days.

Scottish Statutory Instruments

2003 No. 518

AGRICULTURE

The Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003

Made

29th October 2003

Laid before the Scottish Parliament

31st October 2003

Coming into force

8th December 2003

The Scottish Ministers in exercise of the powers conferred by section 29 of the Agriculture Act 1970(1) and of all other powers enabling them in that behalf, hereby make the following Scheme:

Citation and commencement

1.  This Scheme may be cited as the Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003, and shall come into force on 8th December 2003.

Amendment of Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 2003

2.—(1) The Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 2003(2) is amended in accordance with the following provisions of this paragraph.

(2) In paragraph 5 (determination of applications)–

(a) in sub-paragraph (1)(c), for “sub-paragraphs (7) and” substitute “sub paragraph”;

(b) sub-paragraph (3) is omitted;

(c) in sub-paragraph (6), for “the fifth anniversary of the coming into force of this Scheme” substitute “31st October 2005”; and

(d) for sub-paragraph (7) there is substituted–

“(7) The Scottish Ministers shall not approve an application unless the applicant has given an undertaking, in such form as the Scottish Ministers may determine, that all work for which the applicant is applying for a grant will be completed by 31st October 2005.”.

(3) In paragraph 6(2)(a) (payment and amounts of grant), for “the seventh anniversary of the coming into force of this Scheme” substitute “1st November 2005”.

ROSS FINNIE

A member of the Scottish Executive

Pentland House, Edinburgh

29th October 2003

Explanatory Note

(This note is not part of the Scheme)

This Instrument amends the Nitrate Vulnerable Zones (Grant) (Scotland) Scheme 2003.

It brings forward the deadline for making an application from 14th March 2008 (the fifth anniversary of the coming into force of the Scheme) to 31st October 2005 (paragraph 2(2)(c)).

It also brings forward the date by which expenditure must have been incurred to the same date (paragraph 2(3)).

The condition of application requiring the expenditure to have been incurred before applying for a grant is removed (paragraphs 2(2)(a), (b) and (d)). Paragraph 2(2)(d) also adds a condition of application that requires applicants to give an undertaking to confirm that all works for which a grant is applied for will be completed by 31st October 2005.

(1)

1970 c. 40. Section 29 was amended by section 10 of the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), section 15 of the Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) and Schedule 1 to the Statute Law (Repeals) Act 1986 (c. 12). Section 28 contains a definition of “the appropriate authority” and “the appropriate Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain Treasury approval was removed by section 55 of the Scotland Act 1998.

(2)

S.S.I. 2003/52.