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The European Fisheries Fund (Grants) (Scotland) Amendment Regulations 2010

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Citation and commencement

1.  These Regulations may be cited as the European Fisheries Fund (Grants) (Scotland) Amendment Regulations 2010 and shall come into force on 2nd October 2010.

Amendment of the European Fisheries Fund (Grants) (Scotland) Regulations 2007

2.—(1) The European Fisheries Fund (Grants) (Scotland) Regulations 2007(1) are amended in accordance with this regulation.

(2) In regulation 1 (citation, commencement and extent), for paragraph (2) there is substituted—

(2) Subject to regulation 13 these Regulations extend to Scotland only. Insofar as they extend beyond Scotland, they do so only as a matter of Scots law..

(3) In regulation 2 (interpretation) in paragraph (1)—

(a)the words “unless the context otherwise requires” are omitted;

(b)for the definition of “the Commission” substitute—

“the Commission” means the European Commission;;

(c)for the definition of “Community aid” substitute—

EU aid” means aid towards eligible expenditure available from the European Fisheries Fund and payable in accordance with Council Regulation 1198/2006 and Commission Regulation 498/2007;;

(d)for the definition of “Community fishing vessel” substitute—

“EU fishing vessel” means a fishing boat flying the flag of and registered in a Member State of the European Union;;

(e)for the definition of “financial assistance” substitute—

“financial assistance” means any amount by way of grant or EU aid;;

(f)for the definition of “grant” substitute—

“grant” means a payment made under these Regulations in addition to any EU aid and includes a payment towards eligible expenditure; and

(g)for the definition of “relevant operation” substitute—

“relevant operation” means an investment, project or action which is eligible for EU aid; and.

(4) In regulation 3 (financial assistance)—

(a)in paragraphs (1) and (2)(a) for “Community aid” substitute “EU aid”; and

(b)in paragraph (1)(a)(ii), before “expenditure incurred” insert “in the case of an application for financial assistance which comprises eligible expenditure,”.

(5) In regulation 6 (eligibility and claims for payment of financial assistance)—

(a)in paragraph (1), for “15” substitute “14”;

(b)in paragraph (2)(a), before “satisfactory evidence” insert “in the case of an application for financial assistance which comprises eligible expenditure,”; and

(c)in paragraph (2)(b), before “satisfactory evidence” insert “in the case of all applications for financial assistance,”.

(6) In regulation 13 (powers of authorised officers)—

(a)in paragraph (1), after “for those purposes” insert “in relation to any Scottish fishing boat, wherever it may be, and”;

(b)in paragraph (1)(f), for “Community aid” substitute “EU aid”; and

(c)in paragraph (8), before the definition of “premises”, insert—

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(2) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;.

(7) In regulation 14 (reduction, withholding and recovery of financial assistance)—

(a)in paragraph (1)(h), for “Community aid” substitute “EU aid”; and

(b)in paragraph (2)(f), for “Community fishing vessel” substitute “EU fishing vessel”.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th September 2010

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