The Forestry Challenge Funds (Scotland) Regulations 2008 (revoked)

Scottish Statutory Instrument 2008 No. 135 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 26 March 2008
In force from: 7 May 2008
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for the implementation of Council Regulation (EC) No. 1698/2005 on support for rural development from the European Agricultural Fund for Rural Development and Commission Regulations (EC) Nos. 1974/2006 and 1975/2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005. The Regulations provide for funding being made available by the Forestry Commissioners from the Scotland Rural Development Programme 2007–13 for purposes related to forestry. Regulation 3 sets out the purposes of projects for which grant assistance may be made available. Regulation 4 provides the Forestry Commissioners with power to specify the form and content of applications, whilst regulation 5 makes provision as to the determination of applications, including matters to which the Forestry Commissioners must have regard. Regulations 6 and 7 make provision as to claims for payment of grant and payment. Regulation 8 provides that the Forestry Commissioners may issue guidance, and where they do so, must have regard to that guidance. Regulation 9 provides that where there are insufficient resources to meet claims for grant under a grant scheme the Forestry Commissioners may suspend the consideration of applications, or postpone or cease approving applications. Regulations 10 to 16 deal with enforcement of grant conditions generally. Regulation 10 imposes a duty on applicants to retain records and provide information. Regulation 11 confers powers of entry and inspection on authorised persons to enforce the Regulations. Regulation 12 makes provision for the revocation or variation of approval and the withholding of grants where breaches of obligations have occurred. Regulation 13 makes provision as to interest on grant to be recovered, whilst regulation 14 makes provision as to set off. Regulations 15 and 16 make provision as to offences and offences by bodies corporate, respectively.

Offences created by this instrument

Any person who knowingly or recklessly makes a false statement for the purposes of obtaining any grant under these… regulation 15(1) · Status not determined · Requires proof of a state of mind
Any person who intentionally obstructs an authorised person (or a person taken with and acting under the instructions… regulation 15(2) · Status not determined · Requires proof of a state of mind
A person is guilty of an offence if conditions A and B are met regulation 16(1) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2008