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4.—(1) The Scottish Ministers shall not consider an application for grant under this scheme–
(a)in respect of an agricultural business which is not at least partly carried out on land situated in a nitrate vulnerable zone; or
(b)towards any expenditure incurred in respect of an agricultural business which in the opinion of the Scottish Ministers is likely to result in an increase in the production capacity of that business.
(2) The Scottish Ministers shall only consider an application for grant under this scheme if they are satisfied that the expenditure towards which the grant is to be made will not result in an increase in pollution from nitrates within the nitrate vulnerable zone concerned.
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