The Rural Development Support Measures (Control Procedures and Miscellaneous Amendments) (Scotland) Regulations 2011 (revoked)

Scottish Statutory Instrument 2011 No. 260 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 26 May 2011
In force from: 2 July 2011
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 amend the Agricultural Processing, Marketing and Co-operation Grants (Scotland) Regulations 2008, the Leader Grants (Scotland) Regulations 2008, the Forestry Challenge Funds (Scotland) Regulations 2008 and the Land Managers Skills Development Grants (Scotland) Regulations 2008 (“the relevant Regulations”). The relevant Regulations provide for schemes for the making of grants, and in particular introduced measures to supplement Council Regulation (EC) No 1698/2005 (O.J.L27, 21.10.2005, p.1) which lays down general rules governing European support for rural development, financed by the European Agricultural Fund for Rural Development established by Council Regulation (EC) No 1290/2005 (O.J. L 329, 16.12.2005, p.40). The relevant Regulations define the “Control Regulation”, Commission Regulation (EC) No1975/2006 laying down detailed rules for the implementation of Council Regulation (EC) No1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (O.J. L 368, 23.12.2006, p.74), which was repealed and replaced by Commission Regulation (EU) No65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (O.J.L25, 28.1.2011, p.8). These Regulations substitute the definition of the Control Regulation in the relevant Regulations with a reference to Commission Regulation (EU) No65/2011 (regulations2(2), 3(2)(a), 4(2) and 5(2)) and update a cross-reference to it (regulation 3(3)(a)). These Regulations also ensure clarity in the use of ambulatory references (regulations2(3), 4(3) and 5(3)) and, in the case of the Leader Grants (Scotland) Regulations 2008, ensure that references are made to Commission Regulation(EU) No65/2011 as amended from time to time (regulation3(2)(a)). These Regulations also amend some minor errors in the relevant Regulations. These include the amendment of incorrect cross-references (regulations 3(4) and 4(5) and (6)), some points to clarify the drafting of the relevant Regulations (regulations2(4), (5) and (6), 3(2)(b), (3)(b), (4) and (5), 4(4) and (8) and 5(4) and (5)) and the updating of out of date references to EU legislation (regulation4(7)). A Business and Regulatory Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Offences created by this instrument

Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other… regulation 13(1) · Status not determined · Strict liability
b it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on… regulation 13(1)(b) · Status not determined · Strict liability
For regulation13 (offences by bodies corporate), substitute— Offences by bodies corporate 13 1 Where— a an offence… regulation 2(6) · Status not determined · Strict liability
Offences by bodies corporate 24 1 Where— a an offence under these Regulations has been committed by a body corporate… regulation 3(5) · Status not determined · Strict liability
Offences by bodies corporate 16 1 Where— a an offence under these Regulations has been committed by a body corporate… regulation 4(8) · Status not determined · Strict liability
For regulation14 (offences by bodies corporate), substitute— Offences by bodies corporate 14 1 Where— a an offence… regulation 5(5) · 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

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