Made | 20th April 2006 | ||
Laid before the Scottish Parliament | 21st April 2006 | ||
Coming into force | 15th May 2006 |
5.
The amount of grant payable at the discretion of and by the Scottish Ministers under regulation 3 towards the approved cost of an operation, other than the erection of a dwellinghouse–
Application for grant
6.
—(1) Any application for grant under these Regulations shall be in such form and shall provide such information as the Scottish Ministers specify, and shall be approved by the Scottish Ministers prior to the commencement of any work on the operation.
(2) The Scottish Ministers may, as they think fit, either refuse to approve an application or approve it in whole or in part, and any such approval may be given, subject to such conditions as the Scottish Ministers think fit.
(3) Any approval of cost for the purposes of a grant under this Part may be varied or withdrawn by the Scottish Ministers.
(4) In approving an application, the Scottish Ministers may specify the date by which work may start on the operation, the date by which the first payment of grant shall be claimed and the date by which the final payment of grant shall be claimed by the applicant.
(5) Where the applicant is a crofter or cottar, the Scottish Ministers shall notify the applicant's landlord of the application and if the landlord, within 14 days of being so notified, objects in writing to the making of the grant, the Scottish Ministers shall, before making any decision on the application, afford to the applicant and the landlord an opportunity of making representations thereon in writing to them, or to a person appointed by them to hear the representations and report thereon to them.
(6) After considering any such application and any representations or report thereon, as specified in paragraph (5), the Scottish Ministers shall give to the applicant notice in writing of their decision and if the applicant is a crofter or a cottar, shall also give notice of their decision to the applicant's landlord.
(7) Where the Scottish Ministers approve the application they shall, at the same time as they give to the applicant notice of their approval, inform the applicant that the proposed work may be carried out subject to such modifications or conditions as the Scottish Ministers may specify.
Claims for payment of grant
7.
The applicant shall make a claim for payment of the grant in such form as the Scottish Ministers may specify and shall afford to the Scottish Ministers or their duly authorised officers such facilities as are reasonably required to enable the Scottish Ministers to satisfy themselves that any conditions subject to which approval was given have been complied with.
Conditions of grant
8.
—(1) Upon the payment of a grant the Scottish Ministers shall forthwith cause to be recorded in the Register of Sasines or registered in the Land Register of Scotland a notice in the form set out in Schedule 2, or a form to the like effect, specifying the conditions which, by virtue of regulation 9, apply.
(2) Subject to paragraph (3), upon completion of the work to the satisfaction of the Scottish Ministers, they shall make payment of the grant to the applicant or a nominee of the applicant.
(3) The Scottish Ministers may make payment of the grant in instalments at such times, either during the progress of the work or after its completion, and subject to such conditions as the Scottish Ministers may specify.
(4) Where an instalment of a grant has been paid in accordance with paragraph (3) and the work in respect of which the grant was to be made is not thereafter completed to the satisfaction of the Scottish Ministers or any condition of payment of the instalment of the grant is not complied with, the amount of the instalments paid may be recovered from the applicant in accordance with regulation 10 as if there had been a failure to comply with a condition such as mentioned in that regulation.
(5) Where the grant is for part of an operation and the maximum amount of grant has been paid, no further grant will be payable for the same operation.
9.
—(1) Where a grant is paid under these Regulations in respect of any operation on a dwellinghouse, that dwellinghouse shall, unless the Scottish Ministers otherwise agree, be–
(b) in any other case, to a person other than a crofter, who in the opinion of the Scottish Ministers, requires, and will occupy, the dwellinghouse for the purpose of cultivating a croft.
(7) There shall be deemed to have been a failure to comply with the conditions specified in these Regulations if the applicant is an owner occupier who, without the prior consent of the Scottish Ministers, assigns or disposes of the croft land on which that dwellinghouse is built to a person who is not a member of his family.
Termination of Conditions
11.
Where the applicant repays the grant in accordance with regulation 10 these Regulations and the conditions imposed on the applicant shall cease to have effect, Scottish Ministers shall cause to be recorded in the Register of Sasines or registered in the Land Register of Scotland a notice in the form set out in Schedule 3 to these Regulations, or a form to like effect.
Crofters Commission to be agents
12.
—(1) The Crofters Commission may act as agents of the Scottish Ministers for the purpose of the administration of any grant made under these Regulations.
(2) In carrying out its function as agent of the Scottish Ministers under these Regulations, the Crofters Commission shall have the powers, rights and duties as are conferred upon it by the Scottish Ministers.
Revocation
13.
The Crofters etc. Building Grants (Scotland) Regulations 1990[2] are hereby revoked, but without prejudice to anything duly done or any right, obligation or liability acquired, accrued or incurred thereunder.
Transitional Provisions
14.
—(1) Notwithstanding the revocation of the Crofters etc. Building Grants (Scotland) Regulations 1990 any application for improvement operations received before 31st December 2004 for payment of grant shall be administered and paid under those Regulations.
(2) In the case of a grant made for the erection or rebuilding of a dwellinghouse under the Crofters etc. Building Grants (Scotland) Regulations 1990, any conditions in force in terms of those Regulations at the date of the coming into operation of these Regulations shall continue to apply notwithstanding the revocation of those Regulations by regulation 13 but shall cease to have effect on the expiry of a period of 15 years, beginning with the day on which, in accordance with the provisions of the regulations under which the grant was paid, the work of erection or rebuilding was, in the opinion of the Scottish Ministers, completed.
RHONA BRANKIN
Authorised to sign on behalf of the Scottish Ministers
St Andrew's House, Edinburgh
20th April 2006
(2) the recipient of the grant shall maintain the structure of the dwellinghouse to the satisfaction of the Scottish Ministers;
(3) the recipient of the grant shall keep the dwellinghouse insured against destruction or damage by fire for such sum and with such insurance company as the Scottish Ministers may from time to time approve, and the receipts for the premiums in respect of the renewals of such insurance shall be exhibited to the Scottish Ministers on demand;
(4) the recipient of the grant shall permit any person duly authorised by the Scottish Ministers in that behalf at all reasonable times to enter and inspect the dwellinghouse for the purpose of ascertaining whether the provisions of the Regulations are being complied with in respect of the dwellinghouse.
Notice is further hereby given that in the event of the breach of any of the foresaid conditions or upon the occurrence of any of the other events specified in regulation 10 of the Regulations, then by virtue of the said regulation 10 there shall, on demand by the Scottish Ministers by notice in writing to that effect, become payable to them by the recipient of the grant for the time being a sum being the appropriate proportion specified in regulation 10(4) of the Regulations of the said grant, together with interest at the rate of 10 per centum per annum, on the said sum from the date on which payment of the said grant was made until the date of payment of the said sum.
Subscribed by being an officer of the Scottish Ministers at Edinburgh on the day of Two Thousand before this witness:
Scottish Executive Environment and Rural Affairs Department
Description of subjects, stating parish and county | Name and designation of present landlord/owner |
Description of subjects, stating parish and county | Name and designation of present landlord/owner |
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