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 grant 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 grant unless they are satisfied that the expenditure towards which the grant is to be made has been incurred by the applicant.
(4) In determining whether an application should be approved or rejected, the Scottish Ministers may have regard to the likely extent to which pollution by nitrates within a nitrate vulnerable zone will be reduced by virtue of the measures for which a grant is so applied for in comparison with the measures referred to in other applications received by them (whether or not those other applications relate to the same nitrate vulnerable zone).
(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 submitted to them after the fifth 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 matter 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 and the reasons therefor;
(b)afford 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.