The Organic Aid (Scotland) Regulations 2004

Restrictions on acceptance of applications

12.—(1) The Scottish Ministers shall not accept an application–

(a) from an applicant who occupies the farm or part of a farm as a tenant unless the Scottish Ministers are satisfied that such applicant has notified the landlord, and in the case of a sub tenant, the owner of the land and the mid landlord, in writing of the making of such application;

(b) where the use of any land in accordance with the proposals contained in that application would frustrate the purposes of any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community;

(c) where payment of grant under these Regulations would duplicate any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community;

(d) where the applicant is prohibited from giving the relevant undertaking under these Regulations by application of a penalty consequent upon Article 64 (which requires Member States to determine a system of penalties for breaches of the obligations entered into under, and of regulatory provisions of, the Commission Regulation) of the Commission Regulation or by a decision of the Scottish Ministers under regulation 20(4); or

(e) where the applicant is excluded from all aid under Chapter VI of Title II of Regulation 1257/99 by virtue of Article 63 (which requires a person who, intentionally or by reason of serious negligence, makes a false declaration to be excluded from all rural development measures falling under the relevant chapter of Regulation 1257/99) or 64 of the Commission Regulation.

(2) For the purpose of paragraph (1)(c), a sum duplicates such assistance if it is, or would be, paid for any of the same purposes.