The Agricultural Subsidies (Appeals) (Scotland) Amendment Regulations 2001

Made: 8th June 2001

Laid before the Scottish Parliament: 8th June 2001

Coming into force in accordance with regulation 1(2)

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Agricultural Subsidies (Appeals) (Scotland) Amendment Regulations 2001.

• (2) For the purposes of regulation 5(4), these Regulations shall come into force on 9th June 2001 and, for all other purposes, shall come into force on 29th June 2001.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the principal Regulations

2

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Application of additional appeal rights

3

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Amendment of the ESA Orders

4

• (1) Each of the ESA Orders shall be amended as follows.

• (2) Article 5(b) shall be omitted.

• (3) There shall be inserted after article 5C–

(5D) (1) Where the Scottish Ministers consider that there has been a breach of any of the requirements referred to in articles 4 or 4A, they may make a decision to that effect. (2) Before making a decision under paragraph (1) above, the Scottish Ministers shall– (a) give the crofter, farmer or common grazing committee (as the case may be) a written explanation of the reasons for considering that there has been a breach of any of the requirements referred to in articles 4 or 4A; (b) afford that person an opportunity of making representations in that regard within such time and in such form as they think fit; and (c) consider any such representations.

Transitional provisions in relation to the ESA Orders

5

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Signed

ROSS FINNIE — A member of the Scottish Executive — 2001-06-08

Explanatory note

(This note is not part of the Regulations)

aupdate references to community legislation (regulation 2(2)(a) and (b));

brequire the Scottish Ministers to advise the applicant seeking review of the existence of the right of review provided by regulation 8 of the principal Regulations and similarly require intimation of the existence of an appeal right under regulation 11 of the principal Regulations (regulation 2(6) and (7)); and

cmake minor corrective textual amendments in regulation 12 dealing with appeals to the Scottish Land Court (regulation 2(8)).

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred on a Minister of the Crown by section 2(2) were transferred, so far as within devolved competence, to the Scottish Ministers by section 53 of the Scotland Act 1998.

[^f00002]: S.I. 1992/1919; amended by S.I. 1992/2062, 1994/3067, 1995/3097, 1996/3082 and S.S.I. 2001/34.

[^f00003]: S.I. 1992/1920; amended by S.I. 1992/2063, 1994/3067, 1995/3096, 1996/738 and 3082 and S.S.I. 2001/30.

[^f00004]: S.I. 1993/996; amended by S.I. 1994/3067, 1996/1969 and 3082 and S.S.I. 2001/32.

[^f00005]: S.I. 1993/997; amended by S.I. 1994/3067, 1996/1968 and 3082 and S.S.I. 2001/31.

[^f00006]: S.I. 1993/2345; amended by S.I. 1994/3067, 1996/1963 and 3082 and S.S.I. 2001/33.

[^f00007]: S.I. 1993/2767; amended by S.I. 1994/3067, 1996/1964 and 3082 and S.S.I. 2001/25.

[^f00008]: S.I. 1993/2768; amended by S.I. 1994/3067, 1996/1967 and 3082 and S.S.I. 2001/26.

[^f00009]: S.I. 1993/3136; amended by S.I. 1994/3067, 1996/1966 and 3082 and S.S.I. 2001/27.

[^f00010]: S.I. 1993/3149; amended by S.I. 1994/3067, 1996/1962 and 3082 and S.S.I. 2001/28.

[^f00011]: S.I. 1993/3150; amended by S.I. 1994/3067, 1996/1965 and 3082 and S.S.I. 2001/29.

[^f00012]: S.S.I. 2000/347, amended by S.S.I. 2001/50.

[^f00013]: O.J. No. L 314, 14.12.00, p.8.

[^f00014]: O.J. No. L 123, 4.5.01, p.20.

[^f00015]: O.J. No. L 72, 14.3.01, p.6.

[^f00016]: Regulation 4(c) was added by S.S.I. 2001/50.

[^f00017]: S.I. 1993/1317, amended by S.I. 1994/1134, 1997/1148, 1999/1820 and 2000/2573.

[^f00018]: S.I. 1988/1291, as amended by S.I. 1991/1631, 1992/905 and 1997/828.

[^f00019]: S.I. 1992/905.

[^f00020]: S.I. 1997/829, amended by S.S.I. 2000/290.

[^f00021]: Article 5A was inserted into the ESA Orders by S.I. 1996/3082.

[^f00022]: S.I. 1994/1701, amended by S.I. 1996/3083 and S.S.I. 1999/107.

[^f00023]: S.I. 1994/2710, as amended by S.I. 1996/3035.

[^f00024]: S.I. 1995/891, as amended by S.I. 1996/3036.

[^f00025]: S.I. 1997/330.

Editorial notes

[^c15928341]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on a Minister of the Crown by section 2(2) were transferred, so far as within devolved competence, to the Scottish Ministers by section 53 of the Scotland Act 1998.

[^key-e757372117069de9f847c013e864c4c0]: Reg. 1(3) revoked (1.10.2004) by The Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/381), regs. 1, 14(2), sch.

[^key-a4bb9f5c906711ab0d15864f55666888]: Reg. 2 revoked (1.10.2004) by The Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/381), regs. 1, 14(2), sch.

[^key-5ce8ba4d802c457cbe68db7a0bc130f8]: Reg. 3 revoked (1.10.2004) by The Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/381), regs. 1, 14(2), sch.

[^key-166d7bb80921b90ed1684487f9adb456]: Reg. 5 revoked (1.10.2004) by The Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/381), regs. 1, 14(2), sch.