The SFGS Farmland Premium Scheme 2003

Approval of applications

3.—(1) Subject to the provisions of this Scheme, the Scottish Ministers may approve an application in relation to any eligible land if the applicant–

(a) enters into a written agreement with the Forestry Commissioners for the conversion of the land to woodlands, under the Scottish Forestry Grants Scheme;

(b) submits to the Scottish Ministers a conversion plan with respect to the land that is consistent with that agreement;

(c) either–

(i) occupies the land, and carries on, whether personally or by a manager, an agricultural business on a holding which includes that land; or

(ii) is, where the land comprises a common grazing, the grazings committee for that common grazing; and

(d) enters into the undertakings specified in paragraph 8.

(2) Subject to the provisions of this Scheme, the Scottish Ministers may approve an application in respect of land comprising converted land, or eligible land in relation to which a conversion plan remains to be carried out, if the applicant–

(a) occupies the land in succession to a previous occupier who was, in relation to that land, an initial entrant or successor; and

(b) has submitted the application within 12 months after the termination of occupation of that previous occupier.

(3) An application shall not be taken to be approved unless either–

(a) the Scottish Ministers have given approval of it in writing to the Forestry Commissioners and the Forestry Commissioners have informed the applicant in writing of that approval; or

(b) the Scottish Ministers have given approval of it in writing to the applicant.