The Leader Grants (Scotland) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the purposes of implementation of Council Regulation (EC) No. 1698/2005 on support for rural development from the European Agricultural Fund for Rural Development and Commission Regulations (EC) Nos. 1974/2006 and 1975/2006 laying down detailed rules for the application of Council Regulation No. 1698/2005. The Instrument provides for LEADER funding being made available by the Scottish Ministers from the Scotland Rural Development Programme 2007 13 to local action groups.

Regulation 3 provides that local action groups may themselves apply to the Scottish Ministers for grants for certain designated matters including advance funding of up to 7%, subject to certain funding restrictions (regulation 5).

Regulation 6 requires local action groups to confirm their participation in the UK national rural network for rural development programmes and when this has been established any sub network applicable to the operation of LEADER in Scotland. Regulation 7 specifies the payment of LEADER grant subject to specific funding restrictions (regulation 12), a number of general grant requirements (regulation 14) and in accordance with the eligibility criteria for the particular project (regulation 8) and the eligibility of the applicant body (regulation 9).

Regulations 10 and 11 specify the provisions for determination and payment of LEADER grant.

Regulation 13 confirms the exception to LEADER grant funding restrictions to permit projects to achieve simultaneous funding from LEADER grant and from non European funded programmes but only where prior stated approval has been received of in circumstances where LEADER funding is being used to support a distinct phase of a larger project where other phases are being funded from other sources.

Regulation 15 confers powers of entry and inspection for authorised persons to enforce the Regulations and regulation 16 specifies the level of assistance which those persons are to be given.

Regulation 17 defines both the Scottish Ministers and local action groups as having the role of responsible bodies for the purposes of dealing with breaches of obligations under either local action group grant or LEADER grant and further provides for the Scottish Ministers to act directly in relation to LEADER grants where a local action group fails to act or can no longer act.

Regulation 18 makes provision for the revocation and variation of approval and the withholding or recovery of grants where breaches of obligations have occurred.

Regulation 19 provides for set-off of sums due to a responsible body.

Regulation 20 provides for sums due to a responsible body to be recoverable as a debt.

Regulation 21 makes provision for the payment of interest on grants recovered under regulation 20.

Regulation 22 gives the Scottish Ministers power to issue guidance on applying for grant, the costs which may be supported by grant under the Regulations, and generally how the Scottish Ministers intend to perform their functions under the Regulations.

Regulations 23 and 24 create offences of knowingly or recklessly making a false statement to obtain grants or obstructing authorised persons acting under the Regulations.

Regulation 25 provides for the retention of information and records by local action groups and regulation 26 provides for retention of information and records by beneficiaries in receipt of LEADER grant.

Regulation 27 provides a right of appeal under the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.