The Act
Part 2: Support for agriculture, rural development and related matters
Section 9 - Guidance
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)
See section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.
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