
1 
These Regulations may be cited as the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2008 and come into force on 26th September 2008.
2 
The Less Favoured Area Support Scheme (Scotland) Regulations 2007 are amended in accordance with regulations 3 to 5.
3 
In regulation 2(1) (interpretation)–
(a) for the definition “Scheme 2008 payment” substitute“
 “Scheme 2008 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2008 to 31st December 2008;”; and
(b) for the definition “Scheme 2009 payment” substitute“
 “Scheme 2009 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2009 to 31st December 2009;”.
4 
In regulation 6(1) (eligible land) omit “in accordance with article 11 of Council Regulation 796/2007”.
5 
After regulation 16 (withholding or recovery of less favoured area support), insert–“
16A 

(1) The Scottish Ministers may publish guidance from time to time on–
(a) the circumstances in which they will normally withhold or recover any sums under regulation 16, and the amount which any sums withheld will normally be; and
(b) generally, how they intend to perform their functions under these Regulations.
(2) The Scottish Ministers must have regard to any guidance published under paragraph (1) when performing their functions under these Regulations.”.
6 

(1) The Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 are amended in accordance with this regulation.
(2) In regulation 4 (decisions amenable to review and appeal), in paragraph (g) omit “and 11(4)” and substitute “, 11(4), 16 and 16A”.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
3rd September 2008