PART 2

GRANTS IN RESPECT OF OPERATIONS

Restrictions on payment of grant
6
1
Subject to sub-paragraph (3), the amount of grant paid, payable or approved by the Scottish Ministers under paragraph 4(1), whether for an operation or part of an operation in any two year period, must not exceed—
a
in the case of a grant to a crofter or eligible occupier, £25,000; or
b
in the case of a grant to a grazings committee or to a group approved by the Scottish Ministers consisting of crofters and eligible occupiers or any of these, £125,000.
2
The two year period referred to in sub-paragraph (1) runs from a date two years before the date on which the current application for grant was received by the Scottish Ministers.
3
Where the grant referred to in sub-paragraph (1) is for part of an operation and the maximum amount of grant has been paid, no further grant is payable for the same operation.
4
The Scottish Ministers must not pay a grant where—
a
they are satisfied that the use of the land in accordance with an operation or part of an operation would frustrate the purposes of any assistance previously given out of money provided by, or under, any statutory provision or by the European Union;
b
they are satisfied that any payment under this Scheme would duplicate any assistance previously given, or to be given, out of money provided by, or under, any statutory provision or by the European Union; or
c
the crofter or eligible occupier is excluded from support under Council Regulation
(EC) No 1698/2005
on support for rural development by the European Agricultural Fund for Rural Development pursuant to Article 30(2) of Commission Regulation 65/2011
as that Article of that Commission Regulation had effect immediately before IP completion day
.
5
Where the amount of grant a crofter or eligible occupier has claimed exceeds, by more than 10%, the amount of grant that person is eligible to receive, the amount of grant payable shall be reduced by the difference between those two amounts, pursuant to Article 63(1) of Commission Implementing Regulation 809/2014.
6
Sub-paragraph (5) does not apply where the Scottish Ministers are satisfied that the crofter or eligible occupier was not at fault.
Paras. 6, 7 substituted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(3) (with para. 4)
Words in para. 6(4)(c) inserted (31.12.2020) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/60), regs. 1(1)(b), 3(3) (as amended by S.S.I. 2020/368, regs. 1(2), 3(2)); 2020 c. 1, Sch. 5 para. 1(1)