The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2011

Amendment of the principal Scheme

3.—(1) The principal Scheme is amended in accordance with sub-paragraphs (2) to (9).

(2) In paragraph 2(1) (interpretation)—

(a) after the definition of “the Act of 1993”, insert—

““application” means an application for grant under this Scheme and “applicant” is to be construed accordingly;”;

(b) after the definition of “crofter”, insert—

““designated maps” means the four maps numbered 1 to 4, each such map being marked “Map of less-favoured farming areas in Scotland”, dated 5th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Government Rural Payments and Inspections Directorate, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD;”; and

(c) for the definition of “eligible occupier” substitute—

““eligible occupier” means—

(a)

an owner-occupier crofter;

(b)

the subtenant of a croft or part of a croft occupying under a sublease granted by a crofter with the written consent of the Crofters Commission under section 27(2) of the Act of 1993 and in accordance with any conditions imposed by them under section 27(5) of that Act; or

(c)

the tenant under a short lease of an owner-occupied croft (or any part of it) granted by an owner-occupier crofter with the consent of the Crofters Commission under section 29A(1) of the Act of 1993(1) and in accordance with any conditions imposed by them under section 29A(4) of that Act;”.

(3) In paragraph 3(1) (grants to be made)—

(a) for “project or part of a project” substitute “operation or part of an operation”;

(b) for “purpose of a project” substitute “purpose of an operation”; and

(c) omit “or holding”.

(4) In paragraph 6 (restrictions on payment of grant)—

(a) in sub-paragraph (1)(b), for “grazing committees” substitute “grazings committees”; and

(b) in sub-paragraph (3)—

(i) for “a project” substitute “an operation”; and

(ii) for “same project” substitute “same operation”.

(5) In paragraph 7 (amount of grant)—

(a) in sub-paragraph (1)—

(i) after “50%” insert “or, where sub-paragraph (1A) applies, 60%”;

(ii) after “40%” insert “or, where sub-paragraph (1A) applies, 50%”; and

(b) after sub-paragraph (1) insert—

“(1A) This sub-paragraph applies where the applicant crofter, eligible occupier or each member of the grazings committee or group referred to in paragraph 6(1)(b) is under 40 years of age at the time of making the application.”.

(6) In paragraph 8 (grants to be made) omit “or holding”.

(7) For paragraph 10 (amount of grant) substitute—

“Amount of grant

10.— (1) Where the croft or, as the case may be, part of the croft is in a Less Favoured Area, the amount of any grant payable under this Part of this Scheme shall not exceed a sum equal to 50% of the contribution or, where sub-paragraph (3) applies, 60% of the contribution, up to the total amount of grant specified in paragraph 6(1).

(2) Where the croft or, as the case may be, part of the croft is in an area other than a Less Favoured Area, the amount of any grant payable under this Part of this Scheme shall not exceed a sum equal to 40% of the contribution or, where sub-paragraph (3) applies, 50% of the contribution, up to the total amount of grant specified in paragraph 6(1).

(3) This sub-paragraph applies where the applicant crofter, eligible occupier or each member of the grazings committee or group referred to in paragraph 6(1)(b) is under 40 years of age at the time of making the application.”.

(8) Paragraph 11 (Crofters Commission to be agent) is revoked.

(9) In the Schedule (eligible operations)—

(a) in paragraph 2—

(i) for “operation” where it first appears substitute “work”; and

(ii) for “the provisions of this Schedule” substitute “paragraph 7(1) of this Scheme”; and

(b) paragraph 3 is revoked.

(1)

Section 29A was inserted by section 39 of the Crofting Reform (Scotland) Act 2010 (asp 14).