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The Forestry Challenge Funds (Scotland) Regulations 2008
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- Scottish Statutory Instruments
- 2008 No. 135
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision for the implementation of Council Regulation (EC) No. 1698/2005 on support for rural development from the European Agricultural Fund for Rural Development and Commission Regulations (EC) Nos. 1974/2006 and 1975/2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005. The Regulations provide for funding being made available by the Forestry Commissioners from the Scotland Rural Development Programme 2007–13 for purposes related to forestry.
Regulation 3 sets out the purposes of projects for which grant assistance may be made available. Regulation 4 provides the Forestry Commissioners with power to specify the form and content of applications, whilst regulation 5 makes provision as to the determination of applications, including matters to which the Forestry Commissioners must have regard.
Regulations 6 and 7 make provision as to claims for payment of grant and payment. Regulation 8 provides that the Forestry Commissioners may issue guidance, and where they do so, must have regard to that guidance. Regulation 9 provides that where there are insufficient resources to meet claims for grant under a grant scheme the Forestry Commissioners may suspend the consideration of applications, or postpone or cease approving applications.
Regulations 10 to 16 deal with enforcement of grant conditions generally. Regulation 10 imposes a duty on applicants to retain records and provide information. Regulation 11 confers powers of entry and inspection on authorised persons to enforce the Regulations. Regulation 12 makes provision for the revocation or variation of approval and the withholding of grants where breaches of obligations have occurred. Regulation 13 makes provision as to interest on grant to be recovered, whilst regulation 14 makes provision as to set off. Regulations 15 and 16 make provision as to offences and offences by bodies corporate, respectively.
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