The Pig Industry Restructuring (Non-Capital Grant) (Scotland) Scheme 2002

Scottish Statutory Instrument 2002 No. 44

The Pig Industry Restructuring (Non-Capital Grant) (Scotland) Scheme 2002

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SCOTTISH STATUTORY INSTRUMENTS

2002 No. 44
AGRICULTURE
The Pig Industry Restructuring (Non-Capital Grant) (Scotland) Scheme 2002

	Made	6th February 2002
	Laid before the Scottish Parliament	7th February 2002
	Coming into force	29th March 2002

The Scottish Ministers, in exercise of the powers conferred by section 1 of the Farm Land and Rural Development Act 1988[1] and of all other powers enabling them in that behalf, hereby make the following Scheme:

Citation, commencement and extent
     1. - (1) This Scheme may be cited as the Pig Industry Restructuring (Non-Capital Grant) (Scotland) Scheme 2002 and shall come into force on 29th March 2002.

    (2) This Scheme shall extend to Scotland only.

Interpretation
     2. In this Scheme-

"bank" means-

(a) any institution authorised under a provision of the Banking Act 1987[

"business plan" means a detailed plan setting out the objectives of the business, the strategy and tactics to achieve those objectives, estimates as to the financial and other circumstances of the business in the event that the objectives are achieved and the investment required to achieve those objectives;

"pig production" means any form of pig production, including breeding, rearing and finishing.

Payment and amounts of grants
3. - (1) For the purposes of this Scheme-

(a) a qualifying loan is a loan which has been, or is to be, obtained from a bank for the purpose of implementing a business plan for the restructuring of a pig production business;

(b) the relevant part of a qualifying loan is that part of the loan which has been or is to be obtained for the purposes of, in connection with or in connection with any proposals for restructuring by-

(c) the loan or qualifying loan must appear to the Scottish Ministers to be neither expenditure of a capital nature nor expenditure which would fall to be treated for the purposes of section 29 of the Agriculture Act 1970 as incurred in connection with expenditure of a capital nature.

    (2) Subject to the provisions of this Scheme, the Scottish Ministers may approve the payment to any eligible person of a grant towards expenditure incurred in servicing the relevant part of a qualifying loan, subject to such conditions as they may reasonably determine, and may make such payment.

    (3) Where a loan has been obtained partly for the purposes of or in connection with the restructuring of a pig production business and partly for other purposes, the Scottish Ministers may for the purposes of a grant under this paragraph treat as a qualifying loan so much of that loan as appears to them to be referable to that restructuring.

    (4) No grant under this Scheme when taken with any payment made under the Capital Grant Scheme shall exceed 5% of the qualifying loan (excluding any accrued interest thereon).

    (5) The Scottish Ministers shall not approve any payment of grant after 29th March 2005.

    (6) Where an eligible person is aggrieved by a decision of the Scottish Ministers as to-

(a) whether a loan is neither expenditure of a capital nature nor expenditure which would fall to be treated for the purposes of section 29 of the Agriculture Act 1970 as incurred in connection with expenditure of a capital nature, under sub-paragraph (1)(c) above; or

(b) the amount of a loan which is referable to restructuring under sub-paragraph (3) above,

that person may, within the period of 21 days of the date when that person is notified of the outcome of that decision, request that the decision be reviewed by the Scottish Ministers in accordance with sub-paragraph (7) below.

(7) In carrying out the review of the decision as required by sub-paragraph (6) above, the Scottish Ministers shall-

(a) afford the aggrieved person an opportunity of making representations for consideration by an officer of the Scottish Ministers who has not been involved in the initial decision who will prepare a report following consideration of those representations;

(b) supply a copy of the report by that officer to the aggrieved person;

(c) consider the report by that officer before making a decision on the review; and

(d) give to the aggrieved person notification of the decision on the review and the reasons for that decision.

Eligible persons
4. The following persons shall be eligible for a grant under this Scheme:-

(a) a natural person carrying on a business involving pig production, to whom a qualifying loan has been or is to be made and who undertakes, in the event of payment of the grant being approved under this Scheme, to pursue the objectives of that person's business plan; and

(b) a person (other than a natural person) carrying on a business involving pig production, to which a qualifying loan has been or is to be made and which undertakes or on behalf of which another person duly authorised for the purpose undertakes, in the event of payment of the grant being approved under this Scheme, to pursue the objectives of its business plan.

Claims for payment of grant
5. Any claim for payment of grant under this Scheme shall be made in such form and manner and at such time as the Scottish Ministers may from time to time reasonably require and a person making a claim for payment shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as the Scottish Ministers may reasonably require.

Withholding or recovery of grant
6. - (1) The Scottish Ministers may withhold the whole or any part of a grant otherwise payable under this Scheme or recover on demand an amount equal to the payment which has been made under this Scheme, or such part as they may specify, where it appears to them-