Agriculture (Wales) Act 2023

CHAPTER 1 E+W WELSH MINISTERS’ POWER TO PROVIDE SUPPORT

8 Welsh Ministers’ power to provide support E+W

(1) The Welsh Ministers may provide support for or in connection with agriculture in Wales and ancillary activities that take place in Wales.

(2) That support may, in particular, include support for or in connection with any of the following purposes—

(a) encouraging the production of food in an environmentally sustainable manner;

(b) helping rural communities to thrive and strengthening links between agricultural businesses and their communities;

(c) improving the resilience of agricultural businesses;

(d) sustaining the Welsh language and promoting and facilitating its use;

(e) reducing emissions of greenhouse gases;

(f) maximising carbon sequestration and storage;

(g) maintaining and enhancing the resilience of ecosystems;

(h) conserving and enhancing landscapes and the historic environment;

(i) improving air quality;

(j) improving water quality;

(k) maintaining and enhancing public access to and engagement with the countryside and the historic environment;

(l) mitigating flood and drought risks;

(m) achieving and promoting high standards of animal health and welfare;

(n) maximising resource efficiency;

(o) encouraging agricultural businesses to manage energy effectively (including by adopting energy efficiency and energy saving practices, and generating renewable energy on their land).

(3) Support under this section may be provided under a scheme or otherwise.

(4) The Welsh Ministers may, by regulations, amend subsection (2) by—

(a) adding a purpose to the list in that subsection;

(b) removing a purpose from the list;

(c) altering the description of a purpose in the list.

(5) In this section, “greenhouse gas” has the same meaning as in Part 2 of the Environment (Wales) Act 2016 (anaw 3).

(6) In this Chapter—

(a) references to support (except in the case of references to the provision of support under a third party scheme within section 9(8)) are to support under this section;

(b) references to financial support are to support under this section that is provided financially.

Commencement Information

I1 S. 8 in force at 17.10.2023, see s. 56(2)(b)

9 Further provision about support under section 8 E+W

(1) Support may be provided financially or otherwise.

(2) Financial support may be provided by way of grant, loan or guarantee, or in any other form.

(3) Support may be provided subject to eligibility criteria being met.

(4) Where support is provided in connection with the use of land, the eligibility criteria may (among other things) specify requirements relating to—

(a) the hectarage or characteristics of the land;

(b) the extent to which the land must be used for or in connection with agriculture or ancillary activities;

(c) the person to whom support is provided (for example by reference to the person’s use or intended use of the land).

(5) Support may be provided subject to any conditions the Welsh Ministers consider appropriate.

(6) The conditions may (among other things) include provision for financial support to be repaid or otherwise made good (with or without interest).

(7) Support may be provided to the maker or operator of a third party scheme in connection with the establishment or operation of that scheme (including in connection with the provision of support under that scheme).

(8) A “third party scheme” for this purpose is a scheme for the provision of support (whether financially or otherwise) for or in connection with agriculture or ancillary activities (or both), but which is not made by the Welsh Ministers.

(9) The Welsh Ministers may delegate to any other person functions relating to the provision of support.

(10) Functions delegated under subsection (9) may include—

(a) giving guidance;

(b) exercising a discretion.

Commencement Information

I2 S. 9 in force at 17.10.2023, see s. 56(2)(b)

10 Power to make provision about publication of information about support E+W

(1) The Welsh Ministers may by regulations make provision for, or in connection with, the publication of specified information about support that is or has been provided.

(2) Regulations under subsection (1) may impose a requirement on any person (including on the Welsh Ministers).

(3) The information that may be specified includes information about—

(a) the recipient of any support provided;

(b) the amount of any support provided;

(c) the purposes of any support provided.

(4) In this section, “specified” means specified in regulations under subsection (1).

Commencement Information

I3 S. 10 in force at 17.10.2023, see s. 56(2)(b)

11 Multi-annual support plans E+W

(1) The Welsh Ministers must prepare a plan, to be known as a “multi-annual support plan”, giving information about the expected use of the powers conferred on the Welsh Ministers by section 8 during the period to which the plan applies.

(2) A multi-annual support plan must—

(a) specify the period in relation to which it applies;

(b) set out how the Welsh Ministers intend to provide support during the period so as to best contribute to achieving the sustainable land management objectives (in accordance with section 2);

(c) where support is intended to be provided during the period under a scheme as mentioned in section 8(3), describe each scheme that—

(i) is in operation, or

(ii) the Welsh Ministers expect to come into operation during the period;

(d) describe any support intended to be provided during the period other than under a scheme as mentioned in section 8(3).

(3) The period in relation to which the first plan is to apply is the period of five years beginning with 1 January 2025.

(4) The period in relation to which subsequent plans are to apply may not be shorter than five years.

(5) The Welsh Ministers must ensure that a plan does not expire without a new plan being in place.

(6) A plan prepared under this section must be laid before Senedd Cymru, and published, by the Welsh Ministers—

(a) in the case of the first plan, as soon as reasonably practicable before the beginning of the period in relation to which it applies, and

(b) in the case of each subsequent plan, at least 12 months before the beginning of the period in relation to which it applies.

(7) If, before the end of the period in relation to which a plan applies, any information set out or described in the plan in accordance with paragraphs (b), (c) or (d) of subsection (2) ceases to be accurate or complete, the Welsh Ministers must amend the plan as soon as is practicable to do so.

(8) Where the Welsh Ministers amend the plan, they must as soon as reasonably practicable—

(a) publish the revised plan, and

(b) lay it before Senedd Cymru.

Commencement Information

I4 S. 11 in force at 17.10.2023, see s. 56(2)(b)

12 Power to make provision about checking eligibility for support, etc. E+W

(1) The Welsh Ministers may by regulations make provision for, or in connection with—

(a) checking whether eligibility criteria for support are met;

(b) the consequences, where support has been provided without eligibility criteria having been met;

(c) enforcing compliance with any conditions subject to which support is or has been provided;

(d) monitoring the extent to which the purpose of support has been achieved;

(e) the investigation of suspected offences in connection with applications for, or the provision of, support.

(2) Regulations under subsection (1) may, among other things, include provision—

(a) about the provision of information;

(b) conferring powers of entry;

(c) conferring powers of inspection, search and seizure;

(d) about the process for determining whether eligibility criteria or conditions in respect of the provision of support are met;

(e) about record keeping;

(f) about the recovery or making good of all or any part of financial support (with or without interest);

(g) about withholding support, in whole or in part;

(h) about steps to be taken, by a person to whom support is or has been provided, to rectify any breach of a condition applicable to that support;

(i) about monetary penalties (including penalties calculated by reference to the amount of any financial support);

(j) for recovery of amounts due in respect of monetary penalties, including provision for interest, set-off and security for payment;

(k) prohibiting a person from receiving support, or support of a specified description, for a specified period or until specified conditions are satisfied;

(l) about appeals;

(m) conferring functions (including functions involving the exercise of a discretion) on a person.

(3) Regulations under subsection (1) may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.

(4) The provision that may be made under subsection (2)(i) includes provision for interest on any recoverable amount to be payable from whatever day (whether the day on which the support in question was provided, or another day) may be provided for in, or determined under, the regulations.

(5) In this section, “specified” means specified in, or determined under, regulations under subsection (1).

Commencement Information

I5 S. 12 in force at 17.10.2023, see s. 56(2)(b)

13 Annual report about support provided under section 8 E+W

(1) The Welsh Ministers must prepare a report under this section (an “annual report”), in relation to each reporting period, about the support provided during the period.

(2) The annual report must include the following information—

(a) the total amount of any financial support provided during the reporting period;

(b) where support has been provided during the period through a scheme as mentioned in section 8(3)—

(i) the total amount of any financial support provided under the scheme during the period;

(ii) a description of any other support provided under the scheme during the period;

(c) a description of any support other than financial support provided during the reporting period, but not under a scheme as mentioned in section 8(3).

(3) The annual report may also include any other information the Welsh Ministers consider appropriate.

(4) The Welsh Ministers must, no later than 12 months after the end of each reporting period—

(a) publish the annual report that relates to that reporting period, and

(b) lay it before Senedd Cymru.

(5) In this section the “reporting period” means—

(a) in the case of the first annual report, the period beginning with the day on which section 8 comes into force and ending with 31 March 2025;

(b) in the case of subsequent annual reports, successive financial years.

Commencement Information

I6 S. 13 in force at 17.10.2023, see s. 56(2)(b)

14 Impact Report E+W

(1) The Welsh Ministers must prepare a report under this section (an “Impact Report”) in relation to each reporting period.

(2) The Impact Report must set out the purposes for which support has been provided during the reporting period.

(3) The Impact Report must also set out the Welsh Ministers’ assessment of the impact and effectiveness of that support, including their assessment of—

(a) the way in which, and the extent to which, the support has achieved the purposes for which it was provided, and

(b) the way in which, and the extent to which, the provision of the support has contributed to achieving the sustainable land management objectives.

(4) The Impact Report may also assess and report on any other matters that the Welsh Ministers consider relevant for the purposes of assessing the impact and effectiveness of support provided during the reporting period.

(5) The Welsh Ministers must, no later than 12 months after the end of each reporting period—

(a) publish the Impact Report that relates to that reporting period, and

(b) lay it before Senedd Cymru.

(6) In this section, the “reporting period” means —

(a) in the case of the first Impact Report, the period beginning with the day on which section 8 comes into force and ending with 31 December 2029;

(b) in the case of subsequent Impact Reports, successive periods of five years.

(7) The Welsh Ministers may by regulations amend subsection (6).

Commencement Information

I7 S. 14 in force at 17.10.2023, see s. 56(2)(b)

15 Steps to be taken in preparing report under section 14 E+W

In preparing a report under section 14, the Welsh Ministers must have regard to—

(a) the purposes specified in section 8(2);

(b) each report published under section 13 in respect of the reporting period to which the report under section 14 relates;

(c) the most recent report published under section 14;

(d) any other matters the Welsh Ministers consider appropriate.

Commencement Information

I8 S. 15 in force at 17.10.2023, see s. 56(2)(b)