The Farm Business Development (Scotland) Amendment Scheme 2004

Scheme made by the Scottish Ministers, laid before the Scottish Parliament under section 29(2)(d) of the Agriculture Act 1970, for approval by resolution of the Scottish Parliament within 40 days beginning with the day on which the Scheme was made.

Scottish Statutory Instruments

2004 No. 236

AGRICULTURE

The Farm Business Development (Scotland) Amendment Scheme 2004

Made

21st May 2004

Laid before the Scottish Parliament

24th May 2004

Coming into force

5th July 2004

The Scottish Ministers, in exercise of the powers conferred by section 29 (1) and (2) of the Agriculture Act 1970(1) and of all other powers enabling them in that behalf, hereby make the following Scheme:

Citation and commencement

1.  This Scheme may be cited as the Farm Business Development (Scotland) Amendment Scheme 2004 and shall come into force on 5th July 2004.

Amendment of the Farm Business Development (Scotland) Scheme 2001

2.—(1) The Farm Business Development (Scotland) Scheme 2001(2) is amended in accordance with this paragraph.

(2) In paragraph 2(1) (Interpretation), for the definition of “eligible person” substitute–

““eligible person” means–

(a)

a person who is a legal occupier of an agricultural unit and who operates an eligible business on that unit;

(b)

a person authorised to act on behalf of such legal occupier;

(c)

where such legal occupier is a natural person, any member of the immediate family of the legal occupier who resides on or adjacent to that agricultural unit and is acting with the legal occupier’s consent; or

(d)

where such legal occupier is a partnership or company, any member of the immediate family of a partner in that partnership or a director or secretary of that company who resides on or adjacent to that agricultural unit and is acting with the legal occupier’s consent except where that immediate family member is also a partner in that partnership or a director or secretary of that company;”.

ROSS FINNIE

A member of the Scottish Executive

Pentland House, Edinburgh

21st May 2004

Explanatory Note

(This note is not part of the Scheme)

This instrument amends the Farm Business Development (Scotland) Scheme 2001 (“the Scheme”) which enables the payment of financial assistance for measures which are listed in Parts I and II of the Schedule to the Scheme for that part of Scotland outwith the Highlands and Islands area.

Paragraph 2 amends the definition of “eligible person” in the Scheme to include a member of the immediate family of a partner in a partnership or a director or secretary of a company where a partnership or company is the legal occupier and the family member resides on or adjacent to the agricultural unit and is acting with the legal occupier’s consent. An immediate family member is excluded in the circumstances where that family member is also a partner in the partnership or director or secretary of the company which is the legal occupier.

(1)

1970 c. 40. Section 29 was amended by section 10 of the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), section 15 of the Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) and Schedule 1 to the Statute Law (Repeals) Act 1986 (c. 12). Section 28 contains a definition of “the appropriate authority” and “the appropriate Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The requirement to obtain Treasury approval was removed by section 55 of that Act.

(2)

S.S.I. 2001/259.