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The Fishing Vessels (Decommissioning) (Scotland) Scheme 2003

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Approval of applications

6.—(1) The Scottish Ministers shall approve any application which they have selected for approval under paragraph 5(3)(a) or (5).

(2) Subject to the provisions of this Scheme, the Scottish Ministers may–

(a)determine conditions to which an approval given under this paragraph shall be subject; and

(b)at any time amend such conditions.

(3) Without prejudice to the generality of sub-paragraph (2), conditions may be determined which require the applicant to provide such undertakings as the Scottish Ministers may consider appropriate to the application or which require the applicant to procure such undertakings by third parties as the Scottish Ministers may consider appropriate to the application and as are capable of legal enforcement by the Scottish Ministers directly against the person who gave them.

(4) The Scottish Ministers shall in writing–

(a)notify applicants of the result of their applications; and

(b)notify applicants whose applications they have approved under this paragraph of any conditions which they have determined or amended under sub paragraph (2).

(5) The Scottish Ministers shall publish in such manner as they consider appropriate a notice identifying the vessels to which applications selected for approval relate.

(6) The Scottish Ministers shall revoke any approval which the Commission decide is incompatible with the common market having regard to Article 87 of the EC Treaty and, where grant has already been paid in respect of such approval, recover the grant so paid.

(7) Subject to sub-paragraph (8), the Scottish Ministers may revoke an approval where they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.

(8) Paragraph 15(3) shall apply to revocation under sub-paragraph (7) as it applies to revocation under paragraph 15.

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