Legal and Financial Eligibility Guidance

This guidance should be used when completing - the Legal and Financial Eligibility Section.

Question Number

Why we are asking the question:

Guidance in answering the question:

1.

For all measures we need to ensure that you have the authority to undertake the work in your proposal for the duration of the contract period.

In column 3 answer 'Yes', 'No' or 'n/a' as appropriate.

2.

For all applications where the land is tenanted you need to demonstrate that you have the authority to undertake the work within the proposal for the duration of the contract.

If the land is not tenanted, answer 'n/a' in column 3.

If the land is tenanted you should answer 'Yes' in column 3 and submit a Landlord Notification Form with the questionnaire.

If the term of the tenancy is less than the term of the contract undertakings, you must also submit a Landlord Declaration Form. This Form secures the landlords support beyond the term of the tenancy.

In column 4, detail which documents you are attaching in support of the application.

3.

It can take several months between commencing the work, paying for it and then receiving grant payments. You need to demonstrate that you are able to cover any financial outlay during that period.

For all cases where capital works are proposed with a total value in any year exceeding the total annual recurrent payment in that year, you must provide evidence of how you or your business will finance the proposed investments.

Local Authorities should follow the guidance in the attached document.
 

In column 3 confirm that you have attached evidence to show that you can finance the proposals by answering 'Yes'.

In column 4 explain what the evidence is (e.g. letter from the bank confirming a loan agreement is/will be in place with reference to the proposal, or a bank statement showing sufficient liquid funds). If an agent or management company will initially meet the costs, they must download and complete the attached standard letter on company headed note paper. Please note that all supporting documentation must specifically refer to you or the applying business (BRN), the case (case ref) and the amounts concerned within the application.

4.

Should an agreement fail or be in breach of the terms of the contract, a reclaim of all funds paid is likely to occur. In some circumstances, interest may also be reclaimed and/or a penalty applied.

For this reason, you need to demonstrate your business's capacity to cover such liabilities that may arise.

This can be done by providing two years worth of accounts, or confirming that your business is in receipt of Single Farm Payment which, over the contract period, is greater than the value of the contract.

If you submit your accounts these will allow the Case Officer to assess the profit and loss, and the balance sheet, to determine if the business appears to be in a healthy state and whether the net assets are sufficient to cover any liabilities.

Local Authorities should follow the guidance in the attached document.
 

If your annual recurrent and/or capital item options, over the term of the Rural Priorities contract, do not exceed £30,000, there is no necessity to submit accounts. Answer 'n/a' in column 3.

If your annual recurrent and/or capital item options, over the term of the Rural Priorities contract, exceed £30,000, you should answer 'yes' in column 3 and use column 4 to either:-

  • Confirm you have submitted two years of Accounts; or
  • Confirm that your Single Farm Payment (SFP) will , over the period of the proposed RDC-RP contract, exceed the total amount to be paid to the business under all RDC-RP contracts over that period.

(Note: If you do submit accounts they should be for the 2 most recent years, or since the business was formed if that was less than 2 years ago).

If you do not have accounts in this form for the applying business, then other evidence will need to be provided to the Case Officer. Such evidence must clearly demonstrate the financial position of the applying business (referring specifically to the BRN), its net assets and give an understanding of its financial health. These must be validated by an appropriate individual (e.g. an accountant).

If this evidence is not provided then it is likely that no offer of grant will be made unless some other form of assurance (such as a Director's guarantee) is provided.

5.

a) EC Regulation 65/2011 (formally 1975/2006) Article 4, No. 8 states "… no payments shall be made to beneficiaries for whom it is established that they artificially created the conditions required for obtaining such payments with a view to obtaining an advantage contrary to the objectives of the support scheme".

Case Officers will check that an applicant has not artificially separated their business into more than one entity in order to maximise potential grant aid.

b) If, since 1 January 2007, your business has changed to one with limited liability then the proposal will be referred to the Scheme Manager for a decision on eligibility.

In column 3 answer:

  • 'n/a' if your are a Community Group
  • 'Yes' if you or others in the business have an interest in any other agricultural or forestry business in UK;

 

 

 

 

  • 'Yes' if, since 1 January 2007 your business has changed to one of limited liability, or,
  • 'No' if, since 1 January 2007, your business has not changed to one of limited liability.

In column 4, if you have answered 'Yes', please provide your Companies House details (i.e. Company name, address and Registration Number)

6.

Additionality: Rural Priorities funding can only be awarded if it is essential for the project to take place, or if it enables the project to:

  • be undertaken at a larger scale; or
  • include new outputs or services that would not otherwise have happened; or
  • be carried out to a higher standard than would otherwise be affordable; or
  • be carried out at alternative sites and/or occur sooner than planned; or
  • deliver to more beneficiaries?

Answer 'Yes' or 'No' as appropriate in column 3.

7.

It is necessary for applicants to provide information on the number of jobs related to their proposal, and which Scottish Government 'national outcomes' will be delivered (for proposals exceeding £250k). Case Officers will be able to advise applicants where uncertain.

Please record the number of jobs in Column 3 against the relevant row.

Delete all National Outcomes which are not relevant to your proposal.

The Case officer will complete the information required in question c.



Page updated: Thursday, May 17, 2012