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The Rural Development Support Measures (Control Procedures and Miscellaneous Amendments) (Scotland) Regulations 2011
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- Scottish Statutory Instruments
- 2011 No. 260
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Agricultural Processing, Marketing and Co-operation Grants (Scotland) Regulations 2008, the Leader Grants (Scotland) Regulations 2008, the Forestry Challenge Funds (Scotland) Regulations 2008 and the Land Managers Skills Development Grants (Scotland) Regulations 2008 (“the relevant Regulations”).
The relevant Regulations provide for schemes for the making of grants, and in particular introduced measures to supplement Council Regulation (EC) No 1698/2005 (O.J. L 27, 21.10.2005, p.1) which lays down general rules governing European support for rural development, financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No 1290/2005 (O.J. L 329, 16.12.2005, p.40).
The relevant Regulations define the “Control Regulation”, Commission Regulation (EC) No 1975/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (O.J. L 368, 23.12.2006, p.74), which was repealed and replaced by Commission Regulation (EU) No 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (O.J. L 25, 28.1.2011, p.8). These Regulations substitute the definition of the Control Regulation in the relevant Regulations with a reference to Commission Regulation (EU) No 65/2011 (regulations 2(2), 3(2)(a), 4(2) and 5(2)) and update a cross-reference to it (regulation 3(3)(a)).
These Regulations also ensure clarity in the use of ambulatory references (regulations 2(3), 4(3) and 5(3)) and, in the case of the Leader Grants (Scotland) Regulations 2008, ensure that references are made to Commission Regulation (EU) No 65/2011 as amended from time to time (regulation 3(2)(a)).
These Regulations also amend some minor errors in the relevant Regulations. These include the amendment of incorrect cross-references (regulations 3(4) and 4(5) and (6)), some points to clarify the drafting of the relevant Regulations (regulations 2(4), (5) and (6), 3(2)(b), (3)(b), (4) and (5), 4(4) and (8) and 5(4) and (5)) and the updating of out of date references to EU legislation (regulation 4(7)).
A Business and Regulatory Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
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