The Act
Part 2: Support for agriculture, rural development and related matters
Section 8 - Form of support and conditions
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.
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