Rural Stewardship Scheme (Scotland) Regulations 2001
| Jurisdiction | Scotland |
| Citation | SSI 2001/300 |
(1) These Regulations may be cited as the Rural Stewardship Scheme (Scotland) Regulations 2001 and shall come into force on 28th September 2001.(2) These Regulations extend to Scotland only.(1) In these Regulations–(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 (3) Any reference in these Regulations to a numbered regulation or numbered Schedule, shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.(4) Any reference in these Regulations to a numbered paragraph, shall be construed as a reference to the paragraph so numbered in the regulation in which the reference occurs.(5) Words and phrases used in Schedules 1 to 4 and not defined in paragraph (1) shall be construed in accordance with Schedule 5.is the owner or tenant of the eligible land to which such undertaking relates and is in lawful occupation of that land; andhas made an application for aid which has been accepted by the Scottish Ministers.to comply with, in relation to the whole of the eligible land to which the undertaking relates, the general environmental requirements set out in Part I and Part II of Schedule 1; andto carry out, or as the case may be, to carry out and maintain, at least one of the activities referred to in paragraph (3) .the management activities set out in column 1 of Schedule 2 to be undertaken on any part of the eligible land to which the undertaking relates in accordance with the requirements specified in column 2 and column 3 of that Schedule in relation to that activity; andthe capital activities set out in column 1 of Schedule 3 to be undertaken and maintained on any part of the eligible land to which the undertaking relates in accordance with the requirements specified in column 2 of that Schedule in relation to that activity.(4) The Scottish Ministers may contribute towards the cost of preparing an environmental audit and a moorland management plan included in an application for aid where such audit and, as the case may be, such plan have been prepared in accordance with any requirements made by the Scottish Ministers as to the form or content of such audit or plan.(1) An application for aid shall be made in writing at such time and in such form and shall contain such information as the Scottish Ministers may require.a copy of an environmental audit carried out in relation to the eligible land to which the application relates;a map which shows all of that land and which identifies all flora and fauna, landscape and water features and archaeological features;a map which shows any flora and fauna, landscape and water features and archaeological features relevant to the activities which the applicant proposes to undertake;a description of those activities and the flora and fauna which are expected to benefit;where the environmental audit identifies moorland which would benefit from management and the applicant proposes to undertake any activities to benefit all or any part of the identified moorland, a moorland management plan for the relevant period in relation to all or any part of the identified moorland;an estimate of the aid to be sought for such activities for each year of the proposed undertaking;the proposed date of commencement of the undertaking; andthe written consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing the subject of the application;evidence that notice has been given in accordance with regulation 5(4) ; andconfirmation from the Crofters Commission that it has approved the application or, as the case may be, has received no representation under regulation 5(5) .(3) The Scottish Ministers may at any time suspend the operation of the scheme provided for by these Regulations and, while so suspended, no application under paragraph (1) may be submitted to them.(1) Subject to paragraph (4) , a grazings committee, may with the consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing, make an application for aid in relation to that common grazing.(2) Where an undertaking is given by a grazings committee, such undertaking shall include an obligation upon the committee to bind their successors in office to the undertaking.(3) Subject to paragraph (4) , payments of aid to a grazings committee shall be made to the clerk of the grazings committee and the clerk shall divide the aid among the eligible crofters in such proportion as determined by the grazings committee.(4) Prior to making an application, a grazings committee shall give notice of their intention to do so and of their proposed division of the aid under paragraph (3) , by serving notice in writing of the proposals on all crofters sharing in that common grazing.(5) Any such crofter as is mentioned in paragraph (4) may within one month of the date of the notice under that paragraph make representation in respect of the proposals to the Crofters Commission who may approve the proposals with or without modification or reject them.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;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;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;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) ;where the applicant is excluded
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