31.This Part of the Act provides for a power to provide support, typically in the form of payments, for a wide variety of purposes connected with agriculture, forestry, rural economies and the environment.
32.The intention is to create a new framework for supporting agricultural and rural development which will comprise schemes made under this Part. The detail of the individual schemes (such as the particular activities that are supported, what eligibility criteria apply, the specific conditions etc.) will largely be contained in regulations to be made under section 15.(8) Those regulations will be supplemented by a variety of guidance as to their application.
33.Though not referred to in the Act, the intention is to use the powers in a manner that effectively creates a framework enabling conditional payments to be made under 4 tiers—
Tier 1 – Base Level Direct Payments
Tier 2 – Enhanced Level Direct Payments
Tier 3 – Elective Payments
Tier 4 – Complementary Support
34.Tiers 1 and 2 are intended to be a form of direct payments, while tiers 3 and 4 will be indirect payments. A full explanation of what is intended by the tiers may be found in the policy memorandum that accompanied the Bill at introduction.
35.Section 6 is the basis for the Scottish Ministers to provide support for or in connection with the purposes that are set out in schedule 1. While the specific purposes of the schedule are described in more detail below, in broad terms, the Scottish Ministers will be able to provide support, typically in the form of financial assistance, to persons in a wide range of circumstances. These purposes include traditional agricultural subsidies, forestry, supporting rural (and island) communities and development, and adapting to and mitigating against climate change. In each purpose, the support is described as being to assist a person(9) to carry out an activity or achieve an outcome. This reflects that the ultimate beneficiary of the support should be individuals and organisations carrying out activities in agriculture or rural communities.
36.However, the reference to being able to provide support ‘in connection with’ a purpose provides the Scottish Ministers with the ability to fund the development of systems which will be relevant to the provision of support and also to support activities which are linked to the purposes described in the schedule. This provides latitude to the Scottish Ministers should they consider it necessary to take a holistic approach to achieving a particular purpose. For example, it may be appropriate for the Scottish Ministers to set up initiatives that promote Scottish produce. This may involve providing financial assistance to the organiser of that initiative, rather than directly to producers. But it is ultimately for the benefit of those producers and the sector at large.
37.The section also provides the Scottish Ministers with the power to make regulations which modify the schedule in order to add, amend or remove a purpose. While it is not expected to be used often, this ensures that the schedule can be adjusted over time to take account of any changes that may be necessary, for example to add or remove specific products that require protection or to reflect changes being made to the subsidy regime in the EU.
38.Subsection (4) defines “
39.Schedule 1 sets out the various purposes for which support may be provided. These fall into 5 broad themes, which form Parts of the schedule, and are subdivided within that into individual purposes. The themes are:
Agriculture, food and drink
Forestry
Rural communities and economy
Rural land management and the environment
Administrative and technical support and monitoring
40.Taken together, the purposes provide a basis for supporting the full range of activities, people, businesses and organisations that were previously supported under the CAP and rural development programme as well as accommodating future rural support needs which may not have been covered previously. The ability to add, amend or remove purposes from the schedule provides a means of adjusting the schedule in light of experience or in respect of emergent areas which need to be supported.
41.As is made clear in Part 1 of schedule 1, the purposes may be combined to such extent as the Scottish Ministers consider appropriate. This ensures that support schemes may take a holistic approach and do not need to be based on one particular purpose. The grouping of purposes into themes is not intended to imply any restriction on how the purposes are to be interpreted.
42.For example, a single scheme might combine elements to provide support for certain agricultural activities under paragraph 2 of schedule 1, particular products under paragraph 3, the adoption of organic practices under paragraph 4 and adaptation to climate change under paragraph 17. Equally, support for new entrants into farming might draw on both paragraph 2 and paragraph 9.
43.This approach is intended to facilitate the Scottish Government’s ‘Vision for Agriculture’(10) which proposes the four tiers outlined above.
44.Part 2, dealing with agriculture, food and drink, contains the main agricultural purpose. This could form the basis for several different types of scheme, either based on existing CAP schemes (like the Basic Payment Scheme) or otherwise. As noted below, the regulations creating the relevant support scheme could establish a system of payment entitlements on a regional (or other) basis and incorporate specific payments for new entrants or sustainable or regenerative practices.
45.The purpose relating to particular products or sectors allows for support to be provided based on a particular product or sector of agriculture or food (rather than being focused on the activity). This purpose facilitates, among other things, the possibility of ‘coupled support’. This purpose is outcome focused, with paragraph 3(1) setting out the relevant outcomes that are sought. The products in question are listed in the paragraph.
46.Under EU rules, the Scottish Ministers elected to provide coupled support to the Scottish sheep and beef sectors through two administrative schemes: the Scottish Upland Sheep Support Scheme and the Scottish Suckler Beef Support Scheme. Assistance was also provided under the Less Favoured Area Support Scheme which was an income support scheme that was partly linked to production levels (based on historic livestock numbers).
47.The food and drink purpose (paragraph 4 of schedule 1) allows for support in connection with food and drink production, processing, packaging and marketing. While this support overlaps with the preceding purposes, it is intended to reflect the whole agri-food chain. This ranges from support provided to the growing or making of the original product, through processing, packaging and marketing, to the point that the final product is bought by consumers. For example, it could be used to support abattoirs or animal haulage services or farmers’ markets.
48.Support for food production may also involve funding research and innovation (for example, seeking improved efficiency or productivity or more resilient crops). This purpose may therefore often be used alongside the purpose set out in paragraph 10(1)(c) of schedule 1, which specifically deals with developing and testing new crops etc.
49.The food and drink purpose specifically references the use of organic practices and obtaining certification for those practices. This latter aspect reflects that organic food production and processes are the subject of international co-operation and are protected by law in many jurisdictions. Regulation where applicable is based in large part on the standards set by the International Federation of Organic Agricultural Movements,(11) an international umbrella organisation for organic farming organisations.
50.The definition of food includes drinks and therefore allows for the provision of support to a range of beverages.
51.Part 3 of schedule 1 deals with support for forestry. This purpose is primarily focused on woodland creation and management, but it may also be used in conjunction with other purposes (such as integrated land management). This purpose includes supporting woodland infrastructure and access to woodlands. This element encompasses both access for forestry management purposes and also access for recreational purposes by members of the public. This purpose is without prejudice to the duties contained in section 2 of the Forestry and Land Management (Scotland) Act 2018 which require the Scottish Ministers and Scottish public authorities to promote sustainable forest management(12).
52.The support for the creation of woodland under paragraph 5(1)(a) may be limited by the Scottish Ministers making regulations under section 15 to specify land which is not to be considered suitable for woodland, or to limit the extent to which woodland may be created on such land. For example, it may be considered unsuitable to create woodland on high quality arable land that is better suited to food production.
53.Part 4 of schedule 1 deals with the rural communities and economy. Though not expressly provided in the Act, the Scottish Government regards rural communities and economies as including island communities for these purposes.
54.Paragraph 6 sets out that working in, operating or establishing venison supply chains are purposes which may be supported. There is some overlap here with the support for venison that may be provided under paragraphs 2 and 3 of Part 1.
55.The purposes in paragraph 7(1) to (4) relate specifically to rural communities and take in a broad range of circumstances and activities which may be supported. These are free-standing purposes and are intended to provide a basis for supporting people to live, work or operate(13) in rural Scotland. This may take a variety of forms and may include supporting those who wish to invest in rural infrastructure and services.
56.The purposes also include assisting people who live, work or operate in rural areas to produce and implement strategies for the development of their area and also the forming of networks and groups of people who are involved in rural development. This is intended to support community-led planning and improvement activity. The identification of rural anchor institutions may support this by identifying organisations or businesses which have a particular significance to a community.
57.Paragraph 8 sets out other community purposes that may be supported, including creating community benefits such as clean air and water, biodiversity gains, carbon sequestration, access to nature, and wider economic and social benefits. These purposes are not defined and may be read as complementing other purposes in schedule 1.
58.The purpose, in paragraph 9, of supporting investing in rural businesses and enterprises (including co-operative societies and similar organisations) enables the Scottish Ministers to support people who are working or operating in agriculture, forestry, nature restoration, or other land use activity or which is based in or serving a rural area. This purpose is intended to cover the key stress-points for a business or enterprise including start up, growth, diversification, and changes necessitated by external factors (both natural and man-made). The purpose also facilitates support for insurance or activities designed to mitigate the risk of adverse events.
59.The purposes contained in paragraph 10 relate to knowledge, innovation, education and training. As well as generally providing a basis for support for training, learning and sharing information, paragraph 10(1)(a) provides (among other things) a clear basis to support any continuing professional development requirements that the Scottish Ministers may impose under or by virtue of section 30. It is worth noting that the sharing of information envisages supporting collaboration and networks, whether in person or online.
60.Paragraph 10(1)(b) enables people to both seek and provide advice in relation to agriculture and other rural sectors. This would cover support for the existing Farm Advisory Service as well as support for individuals, businesses or enterprises that need advice.
61.Paragraph 10(1)(c) relates to the research or development of crops, forestry products and systems and methods relating to agriculture, forestry and food production and processing.
62.Paragraph 10(1)(d) and (2) make clear that research activities or the development of systems and resources which are required to be able to deliver the core purposes described in the preceding paragraphs (including digital systems) are also supportable.
63.Paragraph 10(1)(e) enables support for people to undertake ancillary activities which might, for example, include benchmarking.
64.The purpose relating to integrated land management (in paragraph 11) is intended to support a strategic approach to the use of land and natural resources. Integrated land management aims to balance or trade-off benefits and risks when planning and managing resource extraction activities, land use activities, and environmental conservation and management.
65.An authority such as the Scottish Ministers, a local authority or a national parks authority might, for example, come to a voluntary agreement to adopt a land management plan as a way of working with land managers and other stakeholders on objectives set out in the plan.
66.A land management plan might be agreed with a particular person or collective in order to deliver smaller scale objectives such as better integration of peatland and woodland management on agricultural holdings. Support for activities under the plan may be available as a connected purpose to the plan, or under other purposes in schedule 1, depending on the context.
67.The purpose relating to quality schemes and producer groups (in paragraph 12) is intended to enable support in order to facilitate the setting up (and ongoing support) of quality schemes in respect of particular products and producer groups and organisations in the agriculture and forestry sectors.
68.Support for participation by persons in quality schemes may cover:
protected designations of origin, protected geographical indications and traditional specialities guaranteed in the food sector,
farm certification schemes, and
voluntary agricultural product certification schemes recognised by the competent authority.
69.Producer groups are generally seen as a means of supporting producers in relation to:
adapting production to market requirements,
jointly placing goods on the market (including preparation for sale, centralisation and bulk sales),
establishing common rules on production information, and
other activities of such groups, such as the development of business/marketing skills and facilitating innovation.
70.The purpose relating to the preservation of historic and culture sites (in paragraph 13) provides a means to support people who have such a site, particularly where it may be financially detrimental to maintain it.
71.The purpose relating to recreational access to land (in paragraph 14) enables support to be given to improve public access to the land including, for example, by supporting landowners to ensure access rights under the Land Reform (Scotland) Act 2003 are able to be exercised in a responsible way.
72.The purpose in paragraph 15 enables support for investment in nature-based enterprises in rural areas.
73.Part 5 relates to rural land management and the environment and brings together a range of purposes relating to plant and animal heath, the environment and climate change. These purposes have a significant interaction with a range of other statutory duties relating to the environment and climate change. The purpose in paragraph 18(4) is slightly different from the other purposes in that it provides a means to compensate people who have had to implement environmental measures as a result of domestic legislation or an international treaty. Similarly, paragraph 18(6) allows for assistance to be provided to those who have sustained loss or damage as a result of the reintroduction of native species of plant or animal (including those which have previously been extinct in all or part of Scotland) or the activity of wild animals with conservation value, the killing of which is limited or prohibited either by an enactment or agreement. This might include species such as white-tailed eagles, beavers or geese.
74.Part 6 deals with administrative and technical support and monitoring. These purposes are designed primarily to assist recipients (or potential recipients) of support in a range of situations. This includes applying for support, understanding what is needed in terms of compliance with conditions and actually managing such compliance. It also may assist them to provide such information as the Scottish Ministers may need to assess whether the support provided is effective. This purpose may also be used by the Scottish Ministers to fund activities for the monitoring of support more generally.
75.This section enables the Scottish Ministers to provide support not only to individuals and businesses that are directly undertaking an activity, but also to persons and organisations who, in turn, support people and organisations in pursuit of that purpose, whether through funding or direct assistance.
76.This is best illustrated by means of some examples. At present, through the CAP Pillar 2 support scheme LEADER,(14) the Scottish Ministers provide funding to the rural Local Action Groups(15) (“LAGs”). The LAGs in turn use those funds to award grant funding to initiatives within their local area (as LAGs are best placed to understand the needs and opportunities of their communities and thus best placed to manage and deliver the funding). This provision ensures that this kind of funding can continue.
77.Similarly, the Scottish Ministers sometimes fund co-operative and credit societies so that they may make micro-loans to their members for farming equipment etc. This activity will also be able to continue by virtue of this provision.
78.This section elaborates on the power to provide support contained in section 6.
79.Support may be provided in such manner as the Scottish Ministers consider appropriate, including financial support by way of grant, loan or guarantee. This reflects that the usual practice is for support to be in the form of financial assistance paid to farmers etc. However, support may also be provided by other means, such as providing advice, equipment or assistance.
80.While it will be usual for support to be provided under a formal scheme, typically set up by regulations made under section 15, the section confirms that this need not always be the case. There may be situations where the Scottish Ministers choose to provide support without a formal scheme being in place. This might arise, for example, in the event of unforeseen circumstances causing exceptional hardship in a particular rural or island community or where a key part of the agri-supply chain needs urgent assistance.
81.It is a key part of the provision of support that conditions may be imposed and subsection (2) provides for this. Section 15 is also relevant as regulations about a scheme (or indeed schemes generally) may require or even automatically apply conditions in respect of support for particular purposes. Conditions may relate to a very wide range of matters, including requirements on farmers to keep land in good agricultural or environmental condition or to take certain steps in order to mitigate climate change. Where conditions are not complied with, the Scottish Ministers can require the repayment of the support, including with interest.
82.Guidance in relation to support schemes can have a particularly important role in determining whether a person is eligible to receive support (or repay it). While the Scottish Ministers may always issue guidance (and may delegate that to others, see section 10) this section enables them to make regulations that set out the consequences of not following guidance relating to support (or support of a particular type) and make regulations for appropriate scrutiny. In particular, subsection (2) makes clear regulations will be able to require people to have regard to the guidance and for the guidance to be admissible in certain cases and have particular evidential value in any proceedings that relate to support (such as whether a person is eligible for support or has complied with conditions).
83.Any regulations made under this section are subject to the negative procedure.(16)
84.This section provides that the Scottish Ministers may delegate their functions relating to support, including where those functions relate to the giving of guidance or the exercise of discretion. This enables the Scottish Ministers to use other organisations and bodies to administer support schemes. It also allows the Scottish Minsters to have public bodies like NatureScot prepare guidance where that is appropriate. Regulations made under section 9 can be used to impose requirements for scrutiny of such guidance (see, in particular, subsection (2)(a) of that section).
85.The Scottish Ministers remain responsible for any delegated functions.
86.This section provides the Scottish Ministers with the power to make regulations capping or tapering the amount of support that would otherwise require to be granted in respect of a given payment period (typically a scheme year). The power is expressed in general terms, but would not be required in relation to discretionary payments under administrative schemes where the Scottish Ministers can apply a cap as part of their discretion.
87.In particular, the Scottish Ministers are able to set a level of payment above which the amount will be capped or tapered, and how the tapering will have effect.
88.While a cap on payments is self-explanatory, tapering means the progressive reductions of payments by bands above a specified threshold. For example, the taper threshold might be set at £100,000 and the payments otherwise due would reduce by 25% in the band to £120,000 and by 50% in the band between £120,000 and £150,000. A payment could be subject to both a taper and a cap.
89.The Scottish Ministers must consult such persons as they consider appropriate before making regulations under this section and the sections are subject to the affirmative procedure. The consultation requirements do not specify a fixed set of consultees as the different schemes of support that may be affected mean that there is not a single set of stakeholders that will be relevant in all circumstances. However, it would be expected to be appropriate trade and industry representatives and those individuals who wish to contribute to the consultation.
90.The section provides power for regulations to be made about circumstances in which the Scottish Ministers should be able to refuse to provide support where they consider that it is not in the public interest for the potential recipient to receive it (where the recipient otherwise would have been entitled to). It also enables regulations to be made about the recovery of support from a recipient which it was not in the public interest to have made. This may arise where the Scottish Ministers become aware of relevant evidence that was not reasonably available to them at the time of providing the support. The regulations may also contain the review and appeals processes to be followed by someone who has had support refused or from whom it has been recovered.
91.Regulations under this section could cover cases where:
the recipient has an unspent conviction for an offence of dishonesty or animal cruelty,
there is credible evidence of fraud,
there is evidence of financial unsoundness such as insolvency or tax arrears,
there is evidence of consistent regulatory failures, or
there is other evidence such that the Scottish Ministers are satisfied that the recipient lacks honesty or integrity.
92.A disallowance under these regulations will be separate from any cross-compliance penalty(17) that the Scottish Ministers may be entitled to apply in respect of the recipient, but it is intended that they will be required to have regard to the cumulative effects of a disallowance before imposing one.
93.The Scottish Ministers must consult such persons as they consider likely to be affected before making regulations under this section and such regulations are subject to the negative procedure. The consultation requirements do not specify a fixed set of consultees as the different schemes of support that may be affected mean that there is not a single set of stakeholders that will be relevant in all circumstances. However, it would be expected to be appropriate trade and industry representatives and those individuals who wish to contribute to the consultation.
94.This section makes powers available to the Scottish Ministers to intervene in agricultural markets in the event of a severe market disturbance, or the threat of such a disturbance, by:
providing financial assistance to farmers whose incomes are being affected by those exceptional market conditions (subsection (2)), or
operating public intervention and private storage aid schemes (see section 6 of ARELDS as modified by section 26 of the Act).
95.Similar provisions have been enacted in England and Wales. In both cases, the intention is that the Scottish Ministers will be able to apply the appropriate measures at short notice to resolve the exceptional situation at hand.
96.Under this provision, during a period of exceptional market conditions, the Scottish Ministers may give or agree to give financial assistance by way of grants, loans, guarantees or in any other form. This assistance may target payments to particular sectors or geographical areas. Subsections (5) and (6) provide that the assistance may be subject to any conditions the Scottish Ministers consider appropriate, including as to repayment or making good any payment.
97.The Scottish Ministers may also exercise the public intervention and private storage aid powers which are available to them by virtue of the CMO Regulation (Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013) which now forms part of assimilated EU law and which section 26 amends to be triggered by a declaration under section 14.
98.By virtue of subsection (7), the Scottish Ministers may give or agree to give financial assistance after the declaration has ceased to have effect, as long as the application for this assistance was submitted while the declaration was in force.
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.
104.This section enables the Scottish Ministers to make regulations about the provision of support. It is intended to be read with sections 16, 17, 18, and 19 which contain further details about particular aspects of how the power to provide support might be used. This power in section 15 to make regulations provides the basis for the creation of the new payment framework (though the actual power to make the payments itself is contained in section 6).
105.It is anticipated that this regulation-making power will be used in a variety of ways. For example:
to make regulations about support generally, such as how financial support is to be paid to applicants, setting a minimum level for support, the systems that are to be used for the majority of schemes, or steps that can be taken to check compliance with a scheme,
to create particular schemes of support. For example, a set of regulations might provide for a successor scheme to replace the Basic Payment Scheme (BPS),
to create a system of payment entitlements,
to set out requirements around the imposition of conditions in particular circumstances,
to set up systems which monitor how the payment of support is working and inform future plans for the framework.
106.The different purposes for support may be combined in the creation of a scheme (see para 1(2) of schedule 1). This means that, for example, regulations creating a scheme to support forestry and woodland related activities can draw on different purposes in schedule 1 in order to create a comprehensive support framework taking in not only support for establishing woodlands, but also investing in innovation and technology, upskilling the workforce and building networks of landowners and communities.
107.Equally, regulations may establish a scheme independently of other schemes or sharing common components. For example, schemes relating to agriculture should typically have consistent application processes. However, such processes may not be suitable for applications for support rural communities or forestry activities. The power in this section, read with section 35, therefore ensures that it is possible to tailor regulations in that way.
108.The Scottish Ministers must consult such persons as they consider likely to be interested in or affected by provisions in this section before making regulations under this section. The consultation requirements do not specify a fixed set of consultees as the breadth of regulations that may be made under this power means that there is not a single set of stakeholders that will be relevant in all circumstances. However, it would be expected to be appropriate trade and industry representatives and those individuals who wish to contribute to the consultation.
109.The procedure for these regulations is designed to reflect that the provision in question may relate to small administrative matters or minor adjustments of existing regulations up to creating substantial new schemes. Accordingly, anything that the Scottish Ministers consider significant (by reference to the criteria in subsection (5)) is subject to the affirmative procedure whereas more routine matters are subject to the negative procedure. This aims to strike a balance to ensure that appropriate scrutiny is given to the different types of regulations. The criteria in subsection (5) require the Scottish Ministers to consider the number of potential recipients, the amount of land that may be affected, the value of the support. In addition, the affirmative procedure will apply where the Scottish Ministers use the regulations to create a criminal offence.
110.This section elaborates on the type of provision that may be made in regulations under section 15. It does not represent a power to make regulations in its own right.
111.The setting of eligibility criteria is an important feature of support schemes and the section clarifies that criteria may be set by reference to a broad range of things – from the activities in question, how they are carried out, the land (or the location of land) on which activities are conducted etc. to the applicant’s personal circumstances (such as a person starting a new farming business or meeting a threshold for turnover from agricultural activity) and the collective nature of an applicant (to enable collective support for joint projects by grazing committees and co-operatives separate from individual support).
112.However, it is worth noting that this list of possible criteria is not exhaustive. There may be other criteria that are appropriate in the range of purposes covered and it is open to the Scottish Minsters to make provision in relation to such criteria. Further, the examples given in parenthesis are included only to aid understanding by giving a flavour of the kind of criteria being described.
113.This section elaborates on the type of provision that the Scottish Ministers may make in relation to payment entitlements under section 15. Payment entitlements are part of a system where eligible persons, typically farmers, are allocated an entitlement to a payment under a scheme and are able to claim support for that entitlement provided that they meet a variety of conditions in relation to it. It is envisaged that the Scottish Ministers will use the power to create a new system of payment entitlements which is similar to that which already exists in relation to the BPS.
114.Under the existing system, a farmer participating in the BPS is allocated ‘payment entitlements’. To receive a payment for any given year, the farmer must activate an entitlement against their ‘eligible land’ at the rate of one entitlement per hectare. This is done in an annual claim in the single application form for the particular year. New entrants to farming are eligible to participate in the BPS after receiving an allocation of entitlements from the national reserve, of entitlements that the Scottish Ministers hold. Payment entitlements under current arrangements can also be traded, which enables businesses to buy or sell entitlements, and this provides an alternative route into BPS eligibility for new entrants.
115.Section 17(1) sets out several key aspects of payment entitlements (though this is not an exhaustive list) about which regulations may be made to enable the creation of a replacement system for the one described above. However, the new power may be used to adjust or create a different system that is tailored to the Scottish context.
116.This section elaborates on the type of provision that the Scottish Ministers may make in relation to monitoring compliance, enforcement and related matters under section 15. As with the other provisions of this nature in the Act, it is not exhaustive but is intended to provide further clarity on the type of provision that is expected to be made, particularly where that provision may touch on such topics as powers of entry and the ability to inspect or search premises and seize information that might point to offences, fraudulent claims or non-compliance with conditions.
117.The provision is not solely about compliance however. It also makes clear that regulations may monitor the extent to which the provision of support has achieved its purpose. This may be particularly relevant to schemes which are focused on achieving a particular outcome, such as the restoration of a natural habitat or developing skills in a particular region (like an island community).
118.This section elaborates on the type of provision that the Scottish Ministers may make in relation to payment entitlements under section 15. As with other provisions of this nature in the Act it is not exhaustive, but is intended to provide further clarity. In this case, it is intended to ensure that it is possible to publish details of who receives support (including those who own or control a recipient18), the amount of support received and what it is for. The regulations may impose requirements on people (including the Scottish Ministers) and it is expected this will typically be in connection with the provision of information for publication. However, it may also be used to require rectification of incorrect information that has been published in error.
119.This section provides the Scottish Ministers with the power to make regulations about the processing of information for or in connection with the provision of support (under this Act or otherwise) or the carrying out of functions in relation to CPD. Subsection (2) elaborates on the types of things the Scottish Ministers may make provision about. However, subsection (3) provides that the regulations may not require or authorise the disclosure or use of information which would contravene data protection legislation. Any regulations made under this section are subject to the negative procedure and will only be brought forward after appropriate consultation with, among others with an interest, the Information Commissioner.
120.This section provides for monitoring and evaluation of schemes, support provided otherwise than under a scheme, and other relevant assistance (as defined in section 11(4) of the Act).
121.Subsection (1) deals with support schemes. The Scottish Ministers must monitor the impact of each support scheme and prepare one or more reports on the impact and effectiveness of the scheme, having regard to the findings of the monitoring. This is designed to strike a balance between effective monitoring of the main schemes with a lighter touch approach for smaller or less significant schemes.
122.Subsection (2) deals with relevant assistance and other forms of support provided otherwise than under a support scheme. The Scottish Ministers may monitor these forms of support or assistance and prepare one or more reports on the impact and effectiveness of the assistance, having regard to the findings of the monitoring. This is a discretionary power to monitor as it may not always be appropriate to report on support that has, for example, been provided on a one-off or occasional basis.
123.The methodology and length of monitoring are not specified in this section, as the different schemes and methods of support and assistance available mean that there is not a single set of considerations that will be relevant in all circumstances. However, the monitoring must be carried out in such a manner and for such period(s) as the Scottish Ministers consider appropriate for the particular scheme or other support. Similarly, the number and frequency of reports are not specified, but must again be appropriate for the circumstances. Reports produced must be laid before the Scottish Parliament and published.
The Policy Memorandum that accompanied the the Bill at introduction contains more detail about the particular schemes and types of support that may be created under the new framework.
As noted above, a person has an extended legal meaning and includes individuals, companies, organisations, partnerships and unincorporated associations.
https://www.gov.scot/publications/next-step-delivering-vision-scotland-leader-sustainable-regenerative-farming/Back [3]
The Scottish Ministers must also have regard to these duties (and others) when preparing the rural support plan by virtue of section 3(2)(c) of the Act.
In this context, ‘operate’ refers to non-natural persons such as companies or organisations which are based or provide services in or for the rural community.
See section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.
A cross-compliance penalty typically requires recipients of support to ensure that they comply with a range of environmental and good husbandry rules. A failure to do so can lead to a reduced payment (or no payment). Cross-compliance currently falls into two categories: good environmental and agricultural conditions and statutory management requirements.
This will be relevant where there are complex ownership structures such as holding companies or trusts or where a person has significant control over a recipient.