The Act Administrative matters, eligibility and enforcement Section 15 - Regulations about support
104.This section enables the Scottish Ministers to make regulations about the provision of support. It is intended to be read with sections 16, 17, 18, and 19 which contain further details about particular aspects of how the power to provide support might be used. This power in section 15 to make regulations provides the basis for the creation of the new payment framework (though the actual power to make the payments itself is contained in section 6).
105.It is anticipated that this regulation-making power will be used in a variety of ways. For example:
	to make regulations about support generally, such as how financial support is to be paid to applicants, setting a minimum level for support, the systems that are to be used for the majority of schemes, or steps that can be taken to check compliance with a scheme,
	to create particular schemes of support. For example, a set of regulations might provide for a successor scheme to replace the Basic Payment Scheme (BPS),
	to create a system of payment entitlements,
	to set out requirements around the imposition of conditions in particular circumstances,
	to set up systems which monitor how the payment of support is working and inform future plans for the framework.
106.The different purposes for support may be combined in the creation of a scheme (see para 1(2) of schedule 1). This means that, for example, regulations creating a scheme to support forestry and woodland related activities can draw on different purposes in schedule 1 in order to create a comprehensive support framework taking in not only support for establishing woodlands, but also investing in innovation and technology, upskilling the workforce and building networks of landowners and communities.
107.Equally, regulations may establish a scheme independently of other schemes or sharing common components. For example, schemes relating to agriculture should typically have consistent application processes. However, such processes may not be suitable for applications for support rural communities or forestry activities. The power in this section, read with section 35, therefore ensures that it is possible to tailor regulations in that way.
108.The Scottish Ministers must consult such persons as they consider likely to be interested in or affected by provisions in this section before making regulations under this section. The consultation requirements do not specify a fixed set of consultees as the breadth of regulations that may be made under this power means that there is not a single set of stakeholders that will be relevant in all circumstances. However, it would be expected to be appropriate trade and industry representatives and those individuals who wish to contribute to the consultation.
109.The procedure for these regulations is designed to reflect that the provision in question may relate to small administrative matters or minor adjustments of existing regulations up to creating substantial new schemes. Accordingly, anything that the Scottish Ministers consider significant (by reference to the criteria in subsection (5)) is subject to the affirmative procedure whereas more routine matters are subject to the negative procedure. This aims to strike a balance to ensure that appropriate scrutiny is given to the different types of regulations. The criteria in subsection (5) require the Scottish Ministers to consider the number of potential recipients, the amount of land that may be affected, the value of the support. In addition, the affirmative procedure will apply where the Scottish Ministers use the regulations to create a criminal offence.