Scheme made by the Scottish Ministers, laid before the Scottish Parliament under section 29(2) of the Agriculture Act 1970, for approval by resolution of the Scottish Parliament within forty days beginning with the day on which the Scheme was made, subject to extension for periods of dissolution or recess for more than four days.

2003 No. 518

AGRICULTURE

The Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers in exercise of the powers conferred by section 29 of the Agriculture Act 19701 and of all other powers enabling them in that behalf, hereby make the following Scheme:

Citation and commencement1

This Scheme may be cited as the Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003, and shall come into force on 8th December 2003.

Amendment of Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 20032

1

The Nitrate Vulnerable Zones (Grants) (Scotland) Scheme 20032 is amended in accordance with the following provisions of this paragraph.

2

In paragraph 5 (determination of applications)–

a

in sub-paragraph (1)(c), for “sub-paragraphs (7) and” substitute “sub paragraph”;

b

sub-paragraph (3) is omitted;

c

in sub-paragraph (6), for “the fifth anniversary of the coming into force of this Scheme” substitute “31st October 2005”; and

d

for sub-paragraph (7) there is substituted–

7

The Scottish Ministers shall not approve an application unless the applicant has given an undertaking, in such form as the Scottish Ministers may determine, that all work for which the applicant is applying for a grant will be completed by 31st October 2005.

3

In paragraph 6(2)(a) (payment and amounts of grant), for “the seventh anniversary of the coming into force of this Scheme” substitute “1st November 2005”.

ROSS FINNIEA member of the Scottish ExecutivePentland House, Edinburgh

(This note is not part of the Scheme)

This Instrument amends the Nitrate Vulnerable Zones (Grant) (Scotland) Scheme 2003.

It brings forward the deadline for making an application from 14th March 2008 (the fifth anniversary of the coming into force of the Scheme) to 31st October 2005 (paragraph 2(2)(c)).

It also brings forward the date by which expenditure must have been incurred to the same date (paragraph 2(3)).

The condition of application requiring the expenditure to have been incurred before applying for a grant is removed (paragraphs 2(2)(a), (b) and (d)). Paragraph 2(2)(d) also adds a condition of application that requires applicants to give an undertaking to confirm that all works for which a grant is applied for will be completed by 31st October 2005.