CROFTERS, COTTARS AND SMALL LANDHOLDERS PART I INTRODUCTORY Citation and commencement 1 This Scheme may be cited as the Crofting Counties Agricultural Grants (Scotland) Scheme 1988 and shall come into force on 1st April 1988. Interpretation 2 In this Scheme, unless the context otherwise requires— “the Act of 1955 ” means the Crofters (Scotland) Act 1955; “the Act of 1961 ” means the Crofters (Scotland) Act 1961; “approved” means approved by the Secretary of State in writing and “approve” and “approval” shall be construed accordingly; “business” means any one agricultural business being undertaken by a crofter or eligible occupier whether as an individual or in association or partnership with others; “crofter” includes any grazings committee or grazings constable appointed under section 24 of the Act of 1955 and in the application of this Scheme to a grazings committee or a grazings constable any reference to a croft shall be construed as a reference to the common grazings for the management of which the committee or, as the case may be, the grazings constable is responsible; “eligible occupier” has the meaning assigned to it by paragraph 3 of this Scheme; “livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in the farming of land; “operation” means any of the operations specified in the Schedule to this Scheme. Eligible occupier 3 For the purposes of this Scheme, the expression “eligible occupier” means any one of the following:— a the occupier of a croft who is also the owner thereof and who in the opinion of the Secretary of State is of substantially the same economic status as a crofter; b the occupier of a holding, other than a croft, situated in the crofting counties which is either a holding of which the area does not exceed 30 hectares (exclusive of any common pasture or grazing held therewith) or a holding the annual rent of which, if it were a croft let to a crofter under the Act of 1955 and the Act of 1961, would not, in the opinion of the Secretary of State, exceed £100, being an occupier who in the opinion of the Secretary of State is of substantially the same economic status as a crofter; or c the occupier of a holding, other than a croft, situated in the crofting counties which exceeds 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent, if it were a croft so let, would in the opinion of the Secretary of State exceedd £100, but which in the opinion of the Secretary of State is not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or is capable of being so let at an annual rent not substantially in excess of £100, being an occupier who in the opinion of the Secretary of State is of substantially the same economic status as a crofter; or d the subtenant of a croft or part of a croft occupying under a sublease intimated to the Crofters Commission under section 11(1) of the Act of 1961 or granted by a crofter with the written consent of the Crofters Commission and in accordance with any conditions imposed by them under section 11(3) of the Act of 1961. PART II GRANTS IN RESPECT OF OPERATIONS Grants to be made 4 1 Subject to the provisions of this Scheme, the Secretary of State may make a grant under this Part of this Scheme to a crofter or eligible occupier towards the approved cost of any operation of a kind specified in the Schedule to this Scheme carried out by him or on his behalf for the purpose of aiding and developing agricultural production, in the case of a crofter, on his croft and, in the case of an eligible occupier, on the croft or holding or part of a croft, as the case may be, in respect of which he is the eligible occupier. 2 For the purpose of this paragraph, “approved cost” shall mean the cost approved for the purposes of a grant under this Part of this Scheme and comprising the aggregate of— a the expenditure reasonably incurred by the application in respect of materials required for the purpose of carrying out the relevant operation, and b such sum as the Secretary of State may deem it reasonable to allow in respect of the labour necessary for that purpose. Application for and conditions of grant 5 1 Any application by a crofter or eligible occupier for approval of the cost of any such operation shall be made in such form and manner and at such time as the Secretary of State may from time to time require and the applicant shall furnish all such particulars and information relating to the operation as the Secretary of State may require. 2 The Secretary of State may, as he thinks fit, either refuse to approve the cost of any such operation or approve it in whole or in part for the purposes of a grant under this Part of this Scheme and any such approval may be given, and any such grant may be made, subject to such conditions as the Secretary of State thinks fit. 3 Any approval of cost for the purposes of a grant under this Part of this Scheme may be varied or withdrawn by the Secretary of State with the written consent of the applicant. Claims 6 When the operation in respect of which the cost has been approved has been carried out, the applicant shall make a claim for the grant in such form as the Secretary of State may direct and shall afford to the Secretary of State or his duly authorised officer all such facilities as are reasonably necessary to enable the Secretary of State to satisfy himself that any conditions subject to which approval was given have been complied with. Restrictions on payment of grant 7 Where at the date on which a claim for grant under paragraph 4(1) of this Scheme is received by the Secretary of State— a the amount of expenditure which is included in the claim (hereinafter in this paragraph referred to as the “present claim”) and towards which grant is payable, or b the aggregate of the amount of that expenditure and any other relevant expenditure towards which grant is payable or has been paid in respect of any one business, as the result of a claim received during the period of 2 years ending with the date of receipt of the present claim, exceeds £20,000 for any business, the Secretary of State shall not pay grant towards so much of that expenditure or, as the case may be, so much of that aggregate as exceeds £20,000. Amount of grant 8 1 The amount of any grant payable under this Scheme shall be determined in accordance with the provisions of the Schedule to this Scheme. 2 If the Secretary of State is satisfied that any condition subject to which a grant under this Part of this Scheme may be made has not been complied with in carrying out the relevant operation, he may, notwithstanding the immediately preceding sub-paragraph, either withhold payment of the grant or make payment of a grant of such amount as he may in all the circumstances of the case consider reasonable. PART III GRANTS IN RESPECT OF CONTRIBUTIONS Grants to be made 9 Subject to the provisions of this Scheme, the Secretary of State may make a grant under this Part of this Scheme to a crofter or eligible occupier in respect of any contribution made by him under any such agreement as is referred to in section 47 of the Roads (Scotland) Act 1984 towards the expenses of the provision of a cattle-grid for the purpose of aiding and developing agricultural production, in the case of a crofter, on his croft and, in the case of an eligible occupier, on the croft or holding or part of a croft, as the case may be, in respect of which he is the eligible occupier. Application for and conditions of grant 10 1 Any application by a crofter or eligible occupier for a grant under this Part of this Scheme shall be made in such form and manner and at such time as the Secretary of State may from time to time require and the applicant shall furnish all such particulars and information relating to the cattle-grid provided or proposed to be provided as the Secretary of State may require. 2 Any grant which may be made under this Part of this Scheme shall be subject to such conditions as may be intimated in writing to the applicant by the Secretary of State at the time of the making of the grant. Amount of grant 11 Subject to the provisions of this Scheme, the amount of any grant payable under this Part of this Scheme shall not exceed a sum equal to 55% of the contribution in respect of which it is to be made. PART IV GENERAL Crofters Commission to be agents 12 1 The Secretary of State hereby appoints the Crofters Commission to be his agents for the purpose of the administration of any grant applied for or made under this Scheme: Provided that nothing in this sub-paragraph shall be construed as enabling the Crofters Commission to make payment of any grant under this Scheme. 2 In carrying out their functions as agents of the Secretary of State under this Scheme, the Crofters Commission shall have the like powers, rights and duties as are conferred by it upon the Secretary of State. Revocation 13 The Crofting Counties Agricultural Grants (Scotland) Scheme 1972 is hereby revoked. Transitional provisions 14 Notwithstanding the revocation of the Crofting Counties Agricultural Grants (Scotland) Scheme 1972, any application made before 1st April 1988 for payment of grant under that Scheme shall be administered under that Scheme and grant shall be paid under that Scheme. Sanderson of Bowden Minister of State, Scottish Office New St Andrew’s House, Edinburgh 14th March 1988 We approve, Peter Lloyd Michael Neubert Two of the Lords Commissioners of Her Majesty’s Treasury 16th March 1988