Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Withholding of grants

7.—(1) Without prejudice to section 29(4) of the Agriculture Act 1970, the Scottish Ministers may also withhold, reduce or recover the whole or any part of a grant otherwise payable under this Scheme where they consider that–

(a)assistance in respect of expenditure towards which the grant is claimed has been obtained from another source;

(b)the work in respect of which the grant is claimed would frustrate the purposes served by assistance previously given out of money provided by Parliament, the Scottish Parliament or the European Community;

(c)the expenditure towards which the grant is being claimed is excessive, having regard to all the circumstances of the case; or

(d)the carrying out of the work in respect of which the grant is to be made has destroyed or damaged or is likely to destroy or damage the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.

(2) In any case in which the Scottish Ministers consider that it is appropriate for them to withhold, reduce or recover any grant under sub-paragraph (1), they shall, before making a decision–

(a)give the applicant written notification of the reasons for the action proposed to be taken by them;

(b)afford that person an opportunity of appearing before and being heard by a person appointed for that purpose by them; and

(c)consider the report by a person so appointed and supply a copy of the report to the applicant.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources