The Agricultural Business Development Scheme (Scotland) Amendment Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

This instrument amends the Agricultural Business Development Scheme (Scotland) Regulations 2000 (“the principal Regulations”). The principal Regulations set up the Agricultural Business Development Scheme and enable the payment of financial assistance under the Single Programming Document for the Highlands and Islands Special Transitional Programme which, in accordance with Council Regulation 1260/1999 (O.J. No. L 161. 26.6.99, p.1) was approved by the European Commission on 8th August 2000.

Financial assistance under the principal Regulations can be provided for measures which are listed in Parts I, II or III of the Schedule to those Regulations. These measures relate to restructuring of agricultural businesses or reorientation of their production, diversification of farm incomes by creating new or improving existing agricultural activities and diversification outwith agricultural activities to provide alternative sources of income. Any of these measures can also be undertaken as collaborative ventures.

Regulation 2 amends the definition of “eligible person” in the principal Regulations. The definition is amended, in relation to a measure specified in Part II or Part III of the Schedule to the principal Regulations, to include a member of the immediate family of a partner in a partnership or a director or secretary of a company where a partnership or company is the legal occupier and the family member resides on or adjacent to the agricultural unit and is acting with legal occupier’s consent. An immediate family member is excluded in circumstances where that family member is also a partner in the partnership or director or secretary of a company which is the legal occupier.