The Rural Stewardship Scheme (Scotland) Regulations 2001

Restrictions on acceptance of applications for aid S

6.—(1) The Scottish Ministers shall not accept an application for aid–

(a) in relation to any eligible land which is occupied by a tenant unless they are satisfied that the tenant has notified the landlord, and in the case of a sub-tenant, the owner of the eligible land and the mid-landlord, of the intention of that tenant to make an application;

(b) if they are satisfied that the use of the land in accordance with the proposals contained in the application would frustrate the purposes of any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community;

(c) if they are satisfied that any payment under these Regulations would duplicate any assistance previously given or to be given out of money provided by or under any statutory provision or by the European Community;

(d) where the applicant is prohibited from giving the undertaking under these Regulations by application of a penalty consequent upon Article 48(2) of the Commission Regulation (which requires Member States to determine a system of penalties for breaches of the obligations entered into and of regulatory provisions applicable to the case);

(e) where the applicant is excluded from all aid under Chapter VI of Title II of the Council Regulation by virtue of Article 48(3) of the Commission Regulation (which requires a person who, intentionally or by reason of serious negligence, makes a false declaration to be excluded from all rural development measures falling under the relevant chapter of the Council Regulation) and the payment of aid in respect of the proposed undertaking would include such aid.

(2) The Scottish Ministers shall not accept an application for aid without first having agreed with the applicant the date of commencement of the undertaking, which shall in no circumstances be earlier than the date on which the application was accepted.