The Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations 2001 © Crown Copyright 2001 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Royal Arms and the Queen's Printer for Scotland imprints. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations 2001, ISBN 0-11-059685-4. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations 2001 and shall come into force on 12th May 2001. (2) These Regulations extend to Scotland only. Interpretation 2. - (1) In these Regulations, unless the context otherwise requires-
(b) for the purposes of exercising any functions which the Authority is required under regulation 11 to exercise, by the Authority,
and includes any duly appointed official of the Commission who accompanies such person;
(b) Council Regulation (EC) No. 1263/1999 on the Financial Instrument for Fisheries Guidance[4]; (c) Council Regulation 2792/1999; (d) Commission Decision (EC) No. 1999/501 of 1st July 1999 fixing an indicative allocation by Member States of the commitment appropriations for Objective 1 of the Structural Funds for the period 2000 to 2006[5]; (e) Commission Decision (EC) No. 1999/502 of 1st July 1999 drawing up the list of regions covered by Objective 1 of the Structural Funds for the period 2000 to 2006[6]; (f) Commission Regulation (EC) No. 1685/2000 of 28th July 2000 laying down detailed rules for the implementation of Council Regulation (EC) 1260/1999 as regards eligibility of expenditure of operations co financed by the structural funds[7]; (g) Commission Decision No. C(2000) 2348 of 8th August 2000 approving the Single Programming Document for Community structural assistance under Objective 1 in the region of Highlands and Islands in the United Kingdom; (h) Commission Decision No. C(2000) 4298 of 27th December 2000 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1; (i) Commission Regulation (EC) No. 438/2001 of 2nd March 2001 laying down detailed rules for the implementation of Council Regulation (EC) 1260/1999 regarding the management and control systems for assistance granted under the Structural Funds and regarding the form and content of the accounting information that the Member States must hold at the disposal of the Commission for the purposes of checking Structural Fund accounts [8];and (j) Commission Regulation (EC) No. 448/2001 of 2nd March 2001 laying down detailed rules for the application of Council Regulation (EC) 1260/1999 regarding the procedure for making financial corrections of assistance granted under the Structural Funds [9].
(2) Expressions used in these Regulations which appear or are referred to in the Community structural assistance legislation and which are not defined in this regulation have, insofar as the context admits, the same meaning in these Regulations as in that legislation.
(ii) of expenditure incurred or to be incurred in connection with that operation; and
(b) whose application they have so approved.
(2) In determining under paragraph (1)-
(b) the amount of any such grant,
the Scottish Ministers shall have regard to the requirements of the Community structural assistance legislation and, in particular the limits on total State financial participation (national, regional and other) as set out in Annex IV to Council Regulation 2792/1999.
(b) approve it in whole or in part and may do so either unconditionally or subject to such conditions as they may determine.
(2) The Scottish Ministers may at any time vary an approval by amending any conditions to which it has been made subject or by adding conditions.
(b) notify beneficiaries of any conditions to which their approval has been made subject or which have been varied pursuant to this regulation.
(4) Where the Scottish Ministers notify an applicant that they have refused to approve an application or a beneficiary that they have granted an approval subject to conditions or have varied the terms of an existing approval, they shall give such applicant or beneficiary-
(b) an opportunity to make representations in relation to that decision within such time as the Scottish Ministers consider reasonable and have notified to the applicant or beneficiary.
(5) The Scottish Ministers shall consider any representations received pursuant to paragraph (4) and shall make a decision which shall either confirm their decision under paragraph (4) or substitute a different decision and they shall notify the applicant or beneficiary in writing accordingly.
(b) satisfactory evidence that the approved operation to which the application relates has been properly executed.
Method of payment of financial assistance
(b) subject to such conditions,
as the Scottish Ministers may reasonably determine and any conditions in relation to any payment shall be notified to the beneficiary in writing.
(b) during the carrying out of and after completion of the approved operation for the duration of the control period, retain such record together with any relevant documents, except to the extent that an authorised officer has removed and retained any of the same under regulation 13(6).
(2) Subject to paragraph (3), "the control period" is-
(b) such further period beyond the end of that six year period as has been notified in writing by the Scottish Ministers to the beneficiary at any time before the expiry of that six year period.
(3) In determining in any case the date on which the control period expires, no account shall be taken of any time between the commencement and final determination of any proceedings brought pursuant to regulation 14 for the recovery of any financial assistance paid in respect of that approved operation.
(b) ascertaining whether and to what extent any expenditure in respect of which financial assistance is claimed should be approved; (c) ascertaining whether and to what extent any undertaking given by a beneficiary under regulation 8 or any relevant condition has been complied with; (d) ascertaining whether and to what extent any amount of financial assistance is payable, or should be reduced, withheld or recovered under regulation 14; (e) ascertaining whether an offence under regulation 16 has been or is being committed; or (f) otherwise ascertaining, pursuant to Article 38 of Regulation 1260/1999, whether Community aid is being efficiently and correctly used,
and such powers shall be exercisable for those purposes on a random, spot check or sample basis as well as by reference to the particular circumstances or suspected circumstances of individual cases.
(b) inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents; (c) require that copies of, or extracts from, any relevant documents be produced; or (d) remove and retain for a reasonable period any such relevant document which the officer has reason to believe may be required as evidence in proceedings under these Regulations or which the Scottish Ministers may be required to make available to the Commission pursuant to Article 38(6) of Regulation 1260/1999 and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.
(7) An authorised officer shall not be liable in any proceedings for anything done in purported exercise of the powers conferred on an authorised officer by these Regulations if the court hearing such proceedings is satisfied that-
(b) there was reasonable grounds for doing it; and (c) it was done with reasonable skill and care.
(8) In this regulation-
Reduction, withholding and recovery of financial assistance
(b) the application so approved or any part of it was not an application which the beneficiary was eligible to make; (c) the beneficiary or an employee, servant or agent of a beneficiary-
(ii) has intentionally obstructed any authorised officer in the exercise of their powers under regulation 13; or (iii) has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect;
(d) the approved operation was commenced before the date on which the Scottish Ministers gave written permission to do so;
the Scottish Ministers may revoke the approval in whole or in part or reduce or withhold any financial assistance in respect of the approved operation and, where any such financial assistance has been paid, may recover on demand as a debt an amount equal to the financial assistance which has been so paid or such part thereof as they may determine.
(b) the damage or destruction of any relevant equipment resulting in payment under an insurance policy or by way of compensation or damages; (c) a mortgage of the vessel (other than a mortgage created for the raising of money applied to the cost of construction or modernisation of the vessel, being a mortgage approved by the Scottish Ministers before it was made); (d) the use of the vessel primarily for purposes other than those in respect of which financial assistance was approved; (e) a disposal whether by sale or otherwise of the vessel or any part thereof, its engine or any part thereof or any relevant equipment or other equipment or apparatus used on or in connection with the vessel; or (f) the vessel ceasing to be a Community fishing vessel.
(3) The events referred to in paragraph (1)(j) are-
(b) the damage or destruction of any relevant equipment, premises, or works resulting in payment under an insurance policy or by way of compensation or damages; (c) the creation of a right in security over the relevant equipment, premises, or works (other than a right in security created for the raising of money applied to the cost of construction or modernisation of the relevant equipment, premises, or works, being a right in security approved by the Scottish Ministers before it was made); (d) the use of the relevant equipment, premises, or works primarily for purposes other than those in respect of which financial assistance was approved; or (e) a disposal whether by sale or otherwise of the relevant equipment, premises, or works or any part thereof.
(4) Where paragraph (1)(i) or (j) applies and none of the other sub-paragraphs of paragraph (1) apply, the maximum amount which the Scottish Ministers may recover from a beneficiary pursuant to this regulation shall be that proportion of the total payment of financial assistance which the unexpired part of the ten, or as the case may be, five or six year period bears to that period together with interest thereon under regulation 15.
(b) afford the beneficiary the opportunity of making written representations within such time as the Scottish Ministers consider reasonable; and (c) consider any representations.
Interest
(b) in any other case, the date of payment of the financial assistance until the date of recovery.
(2) In any proceedings for recovery under these Regulations, a certificate issued by the Scottish Ministers showing the rate or rates of interest, the amount of such interest recoverable and the period for which interest is calculated shall, unless the contrary is shown, be conclusive of those matters.
(b) in purported compliance with a requirement imposed under regulation 4(2), or 13(6)(a) or (c) knowingly or recklessly produces a document which is false or misleading in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b) fails to comply with a request made under regulation 12; or (c) intentionally refuses to supply any information, make any return, or produce any document when required to do so by, or otherwise intentionally obstructs, an authorised officer (or a person accompanying and acting on the instructions of the officer) acting in exercise of a power conferred by regulation 13,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b) a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Offences by bodies corporate (This note is not part of the Regulations) These Regulations, which extend to Scotland only, supplement the Community structural assistance legislation defined and listed in regulation 2. That legislation provides, inter alia, for assistance ("Community aid") to be paid from the Financial Instrument for Fisheries Guidance ("FIFG") in respect of certain categories of investments, projects and actions ("relevant operations") in the fisheries and aquaculture sector and the industry sector processing and marketing its products. These Regulations provide for and regulate the payment of grants and Community aid by the Scottish Ministers towards expenditure in respect of relevant operations which the Scottish Ministers have approved in accordance with these Regulations and the Community structural assistance legislation. The Regulations (regulations 3, 4 and 5) lay down a procedure for applications for the approval of relevant operations and expenditure to be made and approved for the purpose of the payment of Community aid and, if the Scottish Ministers so determine, grant in addition to that aid (such aid and grant being together referred to as "financial assistance"). In determining whether to pay grant in addition to Community aid and, if they determine to pay such grant, the amount thereof, the Scottish Ministers are required to have regard to the requirements of the Community structural assistance legislation (regulation 3). Among other things Community legislation requires a certain level of financial participation by Member States to enable relevant operations to qualify for Community aid, the requisite levels of participation being set out in Annex IV to Council Regulation (EEC) No. 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (O.J. No. L 337, 30.12.1999 p.10). Payment of financial assistance is dependent on the provision of satisfactory evidence of the expenditure incurred and of the proper execution of the relevant operation (regulation 6). Provision is made concerning the method of payment of financial assistance (regulation 7) and the Scottish Ministers may require undertakings to be given by a person whose application is approved (regulation 8). Provision is made (regulation 9) for persons whose applications for financial assistance have been approved ("the beneficiaries") to supply to the Scottish Ministers such information as they may from time to time reasonably require and (under regulation 10) for them to retain certain records for a period of six years (which period may be extended by the Scottish Ministers). Provision is made in relation to the keeping of accounts and records by the Sea Fish Industry Authority (the "Authority") where it has made or received payments in the exercise of any functions under these Regulations which the Authority has been required by the Scottish Ministers under section 2(5) of the Fisheries Act 1981 to exercise for the Scottish Ministers (regulation 11). Applicants are required, on request, to give assistance to authorised officers, who are given power of entry and inspection for specified purposes (regulations 12 and 13). Provision is made for the reduction, withholding and recovery, in certain circumstances, of financial assistance (regulation 14) and for the payment of interest on amounts recovered (regulation 15). The Regulations creates offences and provides penalties in respect of false statements made to obtain financial assistance, failure to keep records or provide information reasonably requested by the Scottish Ministers, failure to comply with requests made by authorised officers in exercise of their powers of entry and inspection and the obstruction of such officers in the exercise of those powers (regulation 16). They also make provision in relation to offences committed by bodies corporate and Scottish partnerships (regulation 17). No Regulatory Impact Assessment has been prepared in respect of these Regulations. Copies of Commission Decisions Nos. C(2000) 2348 of 8th August 2000 approving the Single Programming Documents for the Highlands and Islands Objective 1 region and of Commission Decision No. C(2000) 4298 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1 (each as referred to in regulation 2) are available for inspection, together with the Single Programming Documents at Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TY. Notes: [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon a Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back [3] O.J. No. L 389, 31.12.92. p.1.back [4] O.J. No. L 161, 26.6.1999, p.54.back [5] O.J. No. L 194, 27.7.1999, p.49.back [6] O.J. No. L 194, 27.7.1999, p.53.back [7] O.J. No. L 193, 29.7.2000, p.39.back [8] O.J. No. L 63, 3.3.2001, p.21.back [9] O.J. No. L 64, 6.3.2001, p.13.back [10] O.J. No. L 161, 26.6.1999, p.1.back [11] O.J. No. L 337, 30.12.1999, p.10.back [13] 1981 c.29. Section 2(5) was amended by the Scotland Act (Cross Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) Schedule 23, paragraph 3(3).back
ISBN 0-11-059685-4
|
|
Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 2001 | Prepared 2 May 2001 |