99.This section provides for the Scottish Ministers to make a declaration stating that exceptional market conditions exist which warrant the use of the financial assistance or intervention powers under section 13.
100.As set out in subsection (2), exceptional market conditions may exist where there is a severe disturbance, or a serious threat of such a disturbance, in the agricultural (or horticultural) markets that has or could have a significant adverse effect on farmers.
101.Subsection (3) sets out what must be included in the declaration. This includes:
the statement that the Scottish Ministers consider that there are exceptional market conditions,
a description of the market conditions in question (including what is causing it and the products that are, or are likely to be affected),
an explanation of why the Scottish Ministers consider an intervention is justified, and
how long the powers will be available for use in relation to the declaration.
102.Declarations made under this section must be published and then laid before the Scottish Parliament as soon as practicable after publication.
103.The powers provided for in section 13 are available for use until the declaration is no longer in effect (which can’t be more than 3 months unless extended). However, the Scottish Ministers may revoke the declaration earlier if it is no longer needed by making a further declaration stating that it is so revoked.