Farm Business Development (Scotland) Amendment Scheme 2004 (S.S.I. No. 236 of 2004)

The Farm Business Development (Scotland) Amendment Scheme 2004 file:///D/HTML/uk48464.htm[16.01.2025 11:45:11] Scottish Statutory Instrument 2004 No. 236 The Farm Business Development (Scotland) Amendment Scheme 2004 © Crown Copyright 2004 Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. 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 Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Farm Business Development (Scotland) Amendment Scheme 2004, ISBN 0110691326. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. 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. Scheme made by the Scottish Ministers, laid before the Scottish Parliament under section 29(2)(d) of the Agriculture Act 1970, for approval by resolution of the Scottish Parliament within 40 days beginning with the day on which the Scheme was made. SCOTTISH STATUTORY INSTRUMENTS 2004 No. 236 AGRICULTURE The Farm Business Development (Scotland) Amendment Scheme 2004 file:///bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110691326 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Farm Business Development (Scotland) Amendment Scheme 2004 file:///D/HTML/uk48464.htm[16.01.2025 11:45:11] Made 21st May 2004 Laid before the Scottish Parliament 24th May 2004 Coming into force 5th July 2004 The Scottish Ministers, in exercise of the powers conferred by section 29 (1) and (2) of the Agriculture Act 1970[1] and of all other powers enabling them in that behalf, hereby make the following Scheme: Citation and commencement 1. This Scheme may be cited as the Farm Business Development (Scotland) Amendment Scheme 2004 and shall come into force on 5th July 2004. Amendment of the Farm Business Development (Scotland) Scheme 2001 2. - (1) The Farm Business Development (Scotland) Scheme 2001[2] is amended in accordance with this paragraph. (2) In paragraph 2(1) (Interpretation), for the definition of "eligible person" substitute " "eligible person" means (a) a person who is a legal occupier of an agricultural unit and who operates an eligible business on that unit; (b) a person authorised to act on behalf of such legal occupier; (c) where such legal occupier is a natural person, any member of the immediate family of the legal occupier who resides on or adjacent to that agricultural unit and is acting with the legal occupier's consent; or (d) where such legal occupier is a partnership or company, any member of the immediate family of a partner in that partnership or a director or secretary of that company who resides on or adjacent to that agricultural unit and is acting with the legal occupier's consent except where that immediate family member is also a partner in that partnership or a director or secretary of that company;". ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 21st May 2004 EXPLANATORY NOTE (This note is not part of the Scheme) The Farm Business Development (Scotland) Amendment Scheme 2004 file:///D/HTML/uk48464.htm[16.01.2025 11:45:11] Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2004 Prepared 4 June 2004 This instrument amends the Farm Business Development (Scotland) Scheme 2001 ("the Scheme") which enables the payment of financial assistance for measures which are listed in Parts I and II of the Schedule to the Scheme for that part of Scotland outwith the Highlands and Islands area. Paragraph 2 amends the definition of "eligible person" in the Scheme to include a member of the immediate family of a partner in a partnership or a director or secretary of a company where a partnership or company is the legal occupier and the family member resides on or adjacent to the agricultural unit and is acting with the legal occupier's consent. An immediate family member is excluded in the circumstances where that family member is also a partner in the partnership or director or secretary of the company which is the legal occupier. Notes: [1] 1970 c.40. Section 29 was amended by section 10 of the Agriculture (Miscellaneous Provisions) Act 1972 (c.62), section 15 of the Agriculture (Miscellaneous Provisions) Act 1976 (c.55) and Schedule 1 to the Statute Law (Repeals) Act 1986 (c.12). Section 28 contains a definition of "the appropriate authority" and "the appropriate Minister". The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury approval was removed by section 55 of that Act.back [2] S.S.I. 2001/259.back ISBN 0 11 069132 6 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.legislation.hmso.gov.uk/stat.htm file:/// http://www.hmso.gov.uk/ http://www.hmso.gov.uk/contact/comments.htm