Agriculture and Rural Communities (Scotland) Act 2024

Part 1 Objectives and planning

1 Overarching objectives of agricultural policy

(1) For the purposes of this Act, the objectives of Scottish agricultural policy are—

(a) the adoption and use of sustainable and regenerative agricultural practices,

(b) the production of high-quality food,

(c) the promotion and support of agricultural practices that protect and improve animal health and welfare,

(d) the facilitation of on-farm nature restoration, climate mitigation and adaptation, and

(e) enabling rural communities to thrive.

(2) The Scottish Ministers may, by regulations, amend the objectives of agricultural policy under subsection (1).

(3) Regulations under this section are subject to the affirmative procedure.

2 Rural support plan

(1) The Scottish Ministers must—

(a) prepare a plan (a “rural support plan”) giving information about the expected use during the plan period of the powers conferred on them by section 6, and

(b) exercise their functions under this Act having regard to that plan.

(2) A rural support plan must set out—

(a) the plan period,

(b) the Scottish Ministers’ strategic priorities for providing support during the plan period,

(c) an overview of the support expected to be provided during the plan period, including—

(i) an indication of the total amount of support that is expected to be provided over the period,

(ii) a description of the way in which support is to be structured (for example, by reference to support schemes that are to be paid in a certain way or for certain purposes or activities),

(iii) an indication of how the total amount of support is to be divided between support schemes,

(iv) an indication of the time periods for when particular support schemes may become operational or end,

(v) any measures that are intended to benefit small producers, tenant farmers and crofters, and

(vi) any specific outcomes that the Scottish Ministers are seeking to achieve (whether in respect of different support schemes or otherwise),

(d) in such manner and giving such detail as the Scottish Ministers consider appropriate, a description of each support scheme that—

(i) is in operation, or

(ii) the Scottish Ministers expect to come into operation during the plan period, and

(e) the manner in which the impact of each support scheme will be monitored for the purposes of section 21.

(3) A rural support plan may—

(a) describe how the Scottish Ministers consider the support provided under the plan will—

(i) reduce greenhouse gas emissions (within the meaning of section 10 of the Climate Change (Scotland) Act 2009) from agriculture,

(ii) reduce harm from pesticides,

(iii) reduce nitrogen loss and waste,

(iv) optimise the proportion of land which is farmed organically,

(v) optimise the proportion of land which is used for agroforestry,

(vi) improve the biodiversity of agricultural land, including the contribution of agriculture to landscape-scale nature recovery,

(vii) protect and improve the welfare conditions of farmed animals,

(viii) improve the quality of ground and surface water, and

(b) include such further information as the Scottish Ministers consider appropriate.

(4) A plan prepared under this section must be laid before the Scottish Parliament, and published, by the Scottish Ministers—

(a) in the case of the first plan, as soon as practicable after this section comes into force, and

(b) in the case of a subsequent plan, at least 6 months before the end of the plan period of the preceding plan.

(5) The Scottish Ministers may amend the rural support plan within the plan period if—

(a) their strategic priorities for providing support change, or

(b) it appears to them that any information set out in the plan in accordance with subsection (2)(d) has ceased to be accurate and complete.

(6) Where the Scottish Ministers amend a plan, they must as soon as reasonably practicable—

(a) lay the amended plan before the Scottish Parliament, and

(b) publish it.

(7) For the purposes of this section, the “plan period” is the period to which the plan relates and—

(a) in the case of the first plan, is the period of 5 years beginning with the day on which it is published,

(b) in the case of each subsequent plan, is the period of five years beginning on the day after the preceding plan period ends.

(8) The plan period of a rural support plan is not affected by the Scottish Ministers amending the plan under subsection (5).

(9) A reference in this Act to the rural support plan is (unless the context otherwise requires) a reference to the plan which has most recently been published under this section.

(10) For the purposes of this section, “support scheme” means a scheme operated by the Scottish Ministers for the provision of support under or by virtue of this Act.

(11) The Scottish Ministers may by regulations modify subsection (3) to add, adjust or remove information that may be included in a rural support plan.

(12) Regulations under subsection (11) are subject to the affirmative procedure.

3 Rural support plan: matters to be considered

(1) The Scottish Ministers must have regard to the following matters when preparing or amending a rural support plan under section 2.

(2) The matters are—

(a) the objectives set out in section 1,

(b) the proposals and policies contained in the climate change plan which relate to agriculture, forestry and rural land use,

(c) any other statutory duty of the Scottish Ministers relating to agriculture, forestry, rural land use, biodiversity or the environment,

(d) developments in the law and policy of the European Union,

(e) the desirability of the agricultural sector operating with fair work principles,

(f) the objectives of a plan produced under section 1 of the Good Food Nation (Scotland) Act 2022,

(g) the need for sustainable food systems and supply chains in delivering food security,

(h) the benefits of a diverse and resilient agricultural sector including small producers, tenant farmers, crofters and agricultural co-operative societies.

(3) For the purpose of subsection (2), the “climate change plan” means the plan laid before the Scottish Parliament under section 35 of the Climate Change (Scotland) Act 2009.

(4) The Scottish Ministers may by regulations modify this section to add, adjust or remove a matter to which regard must be had.

(5) Regulations under subsection (4) are subject to the affirmative procedure.

4 Rural support plan: engagement

(1) Subsection (2) applies when the Scottish Ministers are preparing a rural support plan.

(2) The Scottish Ministers must consult—

(a) such persons as they consider representative of the interests of—

(i) farmers (including tenant farmers), crofters and land managers,

(ii) people who live and work in rural communities,

(b) Food Standards Scotland,

(c) Historic Environment Scotland,

(d) Scottish Environment Protection Agency,

(e) Scottish Natural Heritage,

(f) the Scottish Food Commission, and

(g) such other persons as they consider appropriate.

(3) Subsection (4) applies when the Scottish Ministers amend the rural support plan.

(4) The Scottish Ministers must consult such persons as they consider likely to have an interest in or be affected by the amendments to the rural support plan.

(5) At the same time as laying the rural support plan or the amended plan before the Scottish Parliament, the Scottish Ministers must lay a statement describing the consultation undertaken in respect of the plan (or amendment).

5 Reports on rural support plan

(1) As soon as practicable after the end of each plan period under section 2, the Scottish Ministers must prepare a report.

(2) The report must include—

(a) the total amount of support or other relevant assistance provided during the plan period (including the monetary value of any support provided otherwise than as financial support),

(b) the amount of support provided—

(i) under each support scheme in operation during the period,

(ii) otherwise than under a support scheme,

(iii) to third party schemes,

(c) a description of the way in which any support provided otherwise than as financial support has been provided,

(d) the distribution of support provided (including geographically and by sector),

(e) the Scottish Ministers’ assessment of—

(i) the effectiveness of the strategic priorities set out in the rural support plan,

(ii) whether any specific outcomes contained in the rural support plan have been achieved,

(iii) the progress made (if any) in respect of the objectives set out in section 1, and

(iv) the impact of any exercise of their powers under section 11, including by reference to the amount of support that would otherwise have been provided.

(3) The report may also contain such other information as the Scottish Ministers consider appropriate.

(4) The Scottish Ministers may also prepare—

(a) interim reports about the amount of support provided during any period within a plan period,

(b) other reports about the support that has been provided.

(5) The Scottish Ministers must, after preparing a report under this section—

(a) lay a copy of the report before the Scottish Parliament, and

(b) publish the report.

(6) In this section, “relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation for a purpose similar to a purpose described in schedule 1).

Part 2 Support for agriculture, rural development and related matters

Power to provide support

6 Power to provide support

(1) The Scottish Ministers may provide support for or in connection with the purposes described in schedule 1.

(2) The Scottish Ministers may by regulations modify schedule 1 by—

(a) adding a purpose,

(b) amending the description of a purpose (including by defining a word or expression),

(c) removing a purpose.

(3) Regulations made under this section are subject to the negative procedure.

(4) In this Part, except where the context otherwise requires—

(a) a reference to support (other than a reference to the provision of support by a third party described in section 7) is to support provided under this section, and

(b) a reference to financial support is a reference to support under this section that is provided financially.

7 Funding third party support

(1) Without prejudice to the purposes described in schedule 1, support may be provided to—

(a) 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),

(b) a person who otherwise provides support for or in connection with a purpose described in schedule 1.

(2) A “third party scheme” is a scheme for the provision of support (whether financially or otherwise) for or in connection with a purpose described in schedule 1, but which is not made by the Scottish Ministers.

General provision about support

8 Form of support and conditions

(1) Support may be provided—

(a) in such manner as the Scottish Ministers consider appropriate including, in particular, financial support by way of grant, loan or guarantee, and

(b) under or in accordance with a scheme established by regulations made under section 15(1), a scheme established administratively, or otherwise.

(2) Except as otherwise provided in regulations made under section 15(1), the Scottish Ministers may impose such conditions on the provision of support as they consider appropriate.

(3) The conditions that may be imposed may, in particular, include conditions requiring the repayment or otherwise making good of any financial support (with or without interest).

9 Guidance

(1) The Scottish Ministers may by regulations make provision in relation to guidance about support (including the guidance contained in the Code of Sustainable and Regenerative Agriculture (see section 29)).

(2) Provision under subsection (1) may, in particular, include provision—

(a) requiring that guidance on a particular scheme or purpose be laid before the Scottish Parliament and published,

(b) requiring regard to be had by particular persons to the guidance,

(c) specifying the extent to which compliance with guidance on a particular topic is relevant in determining whether a person has complied with a statutory duty or condition of support,

(d) specifying the admissibility or evidential value of the guidance in legal proceedings.

(3) Regulations under this section are subject to the negative procedure.

10 Delegation

(1) The Scottish Ministers may delegate functions relating to the providing of support to any other person.

(2) Functions delegated under subsection (1) may—

(a) include the giving of guidance, or

(b) permit the exercise of discretion in relation to a function.

(3) The delegation of functions under subsection (1) does not—

(a) affect the Scottish Ministers’ responsibility for the performance of the function, or

(b) prevent the Scottish Ministers from performing the function themselves.

11 Power to cap support and assistance

(1) The Scottish Ministers may by regulations—

(a) limit the overall amount of support or relevant assistance (or both) that a person may receive within a payment period (or periods),

(b) provide for the amount of support or relevant assistance (or both) that a person may receive in a payment period (or periods) to progressively reduce where the support exceeds a specified amount of support.

(2) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider appropriate.

(3) Regulations under this section are subject to the affirmative procedure.

(4) In this section—

• “payment period” means any specified period relating to the payment of support,

• “relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation) for a purpose similar to a purpose described in schedule 1,

• “specified” means specified in regulations under subsection (1).

12 Refusal or recovery of support where in the public interest

(1) The Scottish Ministers may (in accordance with any regulations made under subsection (2))—

(a) refuse to provide support if they consider that it is not in the public interest for a person to receive it, and

(b) in a case where the Scottish Ministers consider that it was not in the public interest to have provided support to a person, take such steps as they consider appropriate to recover it.

(2) The Scottish Ministers may by regulations make provision in connection with the exercise of their powers under subsection (1) including provision specifying—

(a) persons in respect of whom the powers may be exercised,

(b) circumstances in respect of which the powers may be exercised,

(c) matters that the Scottish Ministers must take into account when considering whether to exercise the powers,

(d) the manner and circumstances in which a person who has had support refused or recovered under subsection (1) may—

(i) have the Scottish Ministers review their decision to exercise the powers, or

(ii) appeal the decision.

(3) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider likely to be affected by provisions in this section.

(4) Regulations under this section are subject to the negative procedure.

Intervention in agricultural markets

13 Exceptional market conditions: powers available to Scottish Ministers

(1) Subsection (2) applies during the period for which an exceptional market conditions declaration under section 14 has effect.

(2) The Scottish Ministers may provide, or agree to provide, financial support to agricultural producers in Scotland who have been, are being, or are likely to be, adversely affected by the exceptional market conditions described in the declaration.

(3) Nothing in this section affects any other powers that are available to the Scottish Ministers (including under assimilated direct legislation and assimilated direct CAP legislation) to provide financial support to agricultural producers.

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

(5) The financial support may be provided subject to such conditions as the Scottish Ministers consider appropriate.

(6) The conditions may, in particular, include conditions requiring the repayment or otherwise making good of any financial support (with or without interest).

(7) Nothing in subsection (1) or (2) prevents the Scottish Ministers from providing, or agreeing to provide, financial support under subsection (2)—

(a) after the end of the period for which an exceptional market conditions declaration has effect, but

(b) in response to an application made during that period.

14 Declaration relating to exceptional market conditions

(1) If the Scottish Ministers consider that there are exceptional market conditions, they may make and publish a declaration (“an exceptional market conditions declaration”) in accordance with this section.

(2) There are “exceptional market conditions” if—

(a) there is a severe disturbance in agricultural markets or a serious threat of a severe disturbance in agricultural markets, and

(b) the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers in Scotland.

(3) An exceptional market conditions declaration must—

(a) state that the Scottish Ministers consider that there are exceptional market conditions,

(b) describe the exceptional market conditions in question by specifying—

(i) the disturbance or threatened disturbance in agricultural markets,

(ii) any agricultural product which is or is likely to be affected by the disturbance or threatened disturbance,

(iii) the grounds for considering that the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers,

(c) describe the grounds for considering that the exceptional market conditions justify making the powers conferred by or referred to in section 13 available for use, and

(d) specify the date until which the powers conferred by or referred to in section 13(2) are available for use in relation to the exceptional market conditions.

(4) The date specified under subsection (3)(d) may not be later than the last day of the period of 3 months beginning with the day on which the exceptional market conditions declaration is published.

(5) An exceptional market conditions declaration has effect from the beginning of the day on which it is published until the end of the day specified under subsection (3)(d).

(6) The Scottish Ministers may revoke an exceptional market conditions declaration by making and publishing a declaration under this subsection stating that the exceptional market conditions declaration is revoked from the date specified in the declaration.

(7) Subsection (8) applies if, at any time during the period of 7 days ending with the day specified under subsection (3)(d) in an exceptional market conditions declaration that has effect under this section, the Scottish Ministers consider that there continue to be exceptional market conditions.

(8) The Scottish Ministers may extend the exceptional market conditions declaration by making and publishing a declaration under this subsection specifying—

(a) that the exceptional market conditions declaration is extended for a period (not exceeding 3 months) specified in the declaration, and

(b) that the powers conferred by or referred to in section 13(2) are available for use during that period.

(9) The fact that an exceptional market conditions declaration has expired or has been revoked does not prevent the Scottish Ministers from making and publishing another exceptional market conditions declaration relating in whole or part to the same exceptional market conditions.

(10) The Scottish Ministers must lay a copy of any declaration made and published under this section before the Scottish Parliament as soon as practicable after it is published.

(11) In this section and section 13, a reference to agricultural markets, agricultural producers or agricultural products includes a reference to horticultural markets, horticultural producers or horticultural products (as the case may be).

Administrative matters, eligibility and enforcement

15 Regulations about support

(1) The Scottish Ministers may by regulations make provision for or in connection with the provision of support or support for a particular purpose.

(2) Regulations under this section may, in particular, make provision about—

(a) eligibility criteria for receiving support (see section 16),

(b) payment entitlements (see section 17),

(c) the amount of support, including—

(i) how the amount of support is to be determined,

(ii) setting a minimum amount for a payment of support,

(iii) reducing the amount of payments of support in particular circumstances (other than those described in section 11),

(d) how support is to be paid or otherwise provided,

(e) conditions that may or must be imposed when providing support,

(f) checking, enforcing and monitoring support (see section 18),

(g) such administrative and procedural matters in connection with the provision of support as the Scottish Ministers consider appropriate, and

(h) the publication of information about support that is being or has been provided (see section 19).

(3) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider likely to be interested in or affected by provisions in this section.

(4) Regulations under this section—

(a) are subject to the affirmative procedure if the regulations in question, in the opinion of the Scottish Ministers, would make significant provision, or

(b) otherwise, are subject to the negative procedure.

(5) For the purpose of subsection (4)(a), significant provision includes—

(a) establishing a scheme in respect of support for a particular purpose which will—

(i) have a significant number of potential recipients or have a significant impact on recipients,

(ii) affect a significant amount of land or have a significant impact on a particular type of land,

(iii) have a significant monetary value (as assessed by reference to the value of support generally),

(iv) create a criminal offence (see section 18), and

(b) making significant changes to an existing scheme of support that is, by reference to the matters in paragraph (a), a significant scheme.

16 Eligibility criteria for support

(1) Regulations under section 15(2)(a) may, in particular, make provision for or in connection with criteria for support by reference to—

(a) the activity which a person carries out,

(b) how a person carries out an activity, including whether the person carries out the activity personally or through other arrangements,

(c) a person’s characteristics or personal, financial or business circumstances (for example, a person commencing an agricultural activity for the first time or meeting a specific threshold for turnover from agricultural activity),

(d) the type or location of land on which a person carries out an activity,

(e) the amount of land on which a person carries out an activity, which may be set by reference to the type of activity (for example, horticulture), or the manner in which the land is occupied (for example, as a croft),

(f) the manner in which title to, or occupancy of, land on which an activity is carried out is registered or recorded (for example, if the land is registered in the Land Register of Scotland),

(g) the ability of grazing committees and co-operatives to claim support as a collective for joint projects separate to individual support.

(2) In this section “grazing committee” has the meaning given by section 47 of the Crofters (Scotland) Act 1993.

17 Payment entitlements

(1) Regulations under section 15(2)(b) may, in particular, make provision for or in connection with—

(a) the determination of the number of payment entitlements available,

(b) the allocation of payment entitlements,

(c) the value of payment entitlements,

(d) the transfer of payment entitlements (whether or not for a consideration),

(e) the Scottish Ministers holding payment entitlements for allocation to specified categories of persons,

(f) the surrender of payment entitlements to, or the reclamation or cancelling of payment entitlements by, the Scottish Ministers,

(g) creating and maintaining a register of persons allocated payment entitlements,

(h) the charging of fees of such amount as may be specified for making changes to the register necessitated by the transfer of entitlements.

(2) In this Part, a “payment entitlement” is the entitlement of a person to be provided an amount of support for a particular purpose (subject to meeting any eligibility criteria and conditions or limits on payments).

18 Checking, enforcing and monitoring support

(1) Regulations under section 15(2)(f) may, in particular, 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 to which support is or has been provided,

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

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

(2) Without limit to the generality of subsection (1), such provision may 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 for, or conditions applying to, the provision of support are met,

(e) about record keeping,

(f) about the recovery or making good of all or any part of 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 imposing monetary penalties (including penalties calculated by reference to the value of any support),

(j) for recovery of amounts due in respect of monetary penalties,

(k) prohibiting a person from receiving support, or support for a particular purpose, for a specified period or until specified conditions are satisfied,

(l) about how decisions are to be reviewed and appeals,

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

(3) Regulations made by virtue of this section may not authorise entry to a private dwelling without a warrant issued by a summary sheriff or sheriff.

(4) The provision which may be made by virtue of subsection (2)(f) includes provision for interest on any recoverable amount to be payable from such day (whether the day on which the financial assistance in question was given or a later day) as may be specified in the regulations.

(5) Regulations made by virtue of subsection (1)(e) creating an offence must provide for the maximum penalty for the offence to be—

(a) on conviction on indictment, a fine, or

(b) on summary conviction, a fine not exceeding the statutory maximum.

(6) In this section, “specified” means specified in, or determined under, regulations made by virtue of subsection (1).

19 Publication of information about support

Regulations under section 15(2)(h) may, in particular, make provision—

(a) imposing a requirement on any person (including the Scottish Ministers),

(b) requiring that the information to be published includes information about—

(i) the recipient of any support provided (and, in such circumstances as may be specified in the regulations, any person who owns or controls the recipient),

(ii) the amount of any support provided,

(iii) the purposes of any support provided.

20 Processing of information

(1) The Scottish Ministers may by regulations make provision about the processing of information for and in connection with—

(a) the provision of—

(i) support under this Act, or

(ii) other relevant assistance,

(b) the carrying out of functions in relation to continuing professional development activities under this Act.

(2) Regulations under this section may, in particular—

(a) require a person to produce information in such form and within such reasonable times as may be specified,

(b) authorise the Scottish Ministers (and any persons acting on their behalf) to share information with—

(i) a public authority for the purpose of enabling or assisting the authority (and any persons acting on their behalf) to exercise any functions,

(ii) such other persons or descriptions of persons, in such circumstances as may be specified.

(3) A duty or power to disclose or use information which is imposed or conferred by regulations under subsection (1) may not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation).

(4) In this section—

• “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018,

• “processing” is to be construed in accordance with section 3(4) of the Data Protection Act 2018,

• “public authority” means a public authority in any part of the United Kingdom,

• “relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation) for a purpose similar to a purpose described in schedule 1,

• “specified” means specified in, or determined under, regulations under subsection (1).

(5) Regulations under this section are subject to the negative procedure.

21 Monitoring and evaluation of schemes

(1) The Scottish Ministers must, in relation to each support scheme—

(a) monitor the impact of the scheme, and

(b) prepare one or more reports on the impact and effectiveness of the scheme (having had regard to the findings of that monitoring).

(2) The Scottish Ministers may, in relation to any support provided otherwise than under a support scheme or the provision of other relevant assistance—

(a) monitor the impact of the support or assistance, and

(b) prepare one or more reports on the impact and effectiveness of the support or assistance (having had regard to the findings of that monitoring).

(3) Monitoring under subsection (1) or (2) must be carried out in such manner and for such period or periods as the Scottish Ministers consider appropriate for the scheme or other support in question.

(4) The number and frequency of reports prepared under subsection (1) or (2) are to be as the Scottish Ministers consider appropriate for the scheme or other support in question.

(5) The Scottish Ministers must, after preparing a report under this section—

(a) lay a copy of the report before the Scottish Parliament, and

(b) publish the report.

Part 3 Powers to modify existing legislation relating to support

Powers in relation to relevant CAP legislation

22 Power to simplify, improve or update relevant CAP legislation

(1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows.

(2) In section 1 (defined terms), in subsection (2)—

(a) in the opening words, for “main” substitute “relevant”,

(b) after paragraph (b) insert—

“(ba) the CMO Regulation,”.

(3) In section 2 (power to simplify or improve CAP legislation)—

(a) in subsection (1), for “the main” substitute “or restate, to any extent, the relevant”,

(b) in subsection (2)—

(i) the words from “that” to “legislation” become paragraph (a),

(ii) after that paragraph insert—

“(b) that they consider appropriate to take account of—

(i) changes in technology, or

(ii) developments in scientific understanding.”,

(c) after subsection (2) insert—

“(2A) A restatement under subsection (1) may make any change to the legislation that the Scottish Ministers consider appropriate—

(a) for the purposes of—

(i) resolving ambiguity,

(ii) removing doubt or an anomaly,

(iii) facilitating improvements in the clarity or accessibility of the law (including by omitting anything which is legally unnecessary),

(b) to take account of—

(i) changes in technology, or

(ii) developments in scientific understanding.

(2B) A restatement under subsection (1) may use words or concepts that are different from those used in the provision being restated.”.

(4) The section title of section 2 becomes “Power to simplify, improve or update relevant CAP legislation”.

23 Power to continue or end the operation of relevant CAP legislation

(1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows.

(2) In section 3 (power to provide for the operation of CAP legislation beyond 2020)—

(a) in subsection (1)—

(i) for “main” substitute “relevant”,

(ii) the words “for one or more years beyond 2020” are repealed,

(b) after subsection (1) insert—

“(1A) The Scottish Ministers may by regulations modify any provision of the relevant CAP legislation for the purpose of securing that it—

(a) ceases to apply for a period, or

(b) ceases to have effect in Scotland.”,

(c) subsections (2) and (3) are repealed,

(d) in subsection (4), for “subject to the affirmative procedure” substitute “(if they have not been subject to the affirmative procedure) subject to the negative procedure”.

(3) The section title of section 3 becomes “Power to continue or end the operation of relevant CAP legislation”.

24 Power to modify financial provision in relevant CAP legislation

(1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows.

(2) In section 4 (power to modify financial provision in CAP legislation)—

(a) in subsection (1), for “main” substitute “relevant”,

(b) subsection (2) is repealed,

(c) in subsection (3), for “subject to the affirmative procedure” substitute “(if they have not been subject to the affirmative procedure) subject to the negative procedure”.

(3) The section title of section 4 becomes “Power to modify financial provision in relevant CAP legislation”.

25 Repeal of section 5

Section 5 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is repealed.

26 Public intervention and private storage aid

(1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows.

(2) In section 6 (power to modify CAP legislation on public intervention and private storage aid)—

(a) for subsection (2) substitute—

“(2) The power conferred by subsection (1) includes the power to make provision for the purposes of—

(a) altering the operation of the legislation so far as it has effect in connection with exceptional market conditions which are the subject of a declaration under section 14 of the Agriculture and Rural Communities (Scotland) Act 2024,

(b) securing that provisions of the legislation cease to have effect otherwise than in connection with exceptional market conditions which are the subject of such a declaration,

(c) altering the operation of provisions of the legislation otherwise than in connection with exceptional market conditions.”,

(b) after subsection (3) insert—

“(3A) For the purposes of this section, a reference to exceptional market conditions which are the subject of a declaration under section 14 of the Agriculture and Rural Communities (Scotland) Act 2024 includes a reference to circumstances which are the subject of measures under Articles 219, 220 and 221 of the CMO Regulation.”.

27 Power to modify CAP legislation on aid for fruit and vegetable producer organisations

(1) In section 7 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (power to simplify or improve CAP legislation on aid for fruit and vegetable producer organisations), subsection (2) is repealed.

(2) The section title of section 7 becomes “Power to modify CAP legislation on aid for fruit and vegetable producer organisations”.

28 Apiculture

After section 7 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 insert—

“Apiculture

7A Apiculture

(1) The Scottish Ministers may by regulations modify the legislation governing apiculture.

(2) In this section, the “legislation governing apiculture” includes, in particular—

(a) Articles 55 to 57 and 215 of the CMO Regulation,

(b) any delegated or implementing Regulations made (whether by the Commission or the Council) under the CMO Regulation relating to those Articles,

(c) any subordinate legislation implementing or otherwise relating to those Articles.

(3) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.”.

Part 4 Miscellaneous

29 Code of Practice on Sustainable and Regenerative Agriculture

(1) The Scottish Ministers must prepare and publish a document providing guidance on sustainable and regenerative agriculture within the period of one year beginning with the day on which this section comes into force.

(2) The document is to be called the “Code of Practice on Sustainable and Regenerative Agriculture” (and is referred to in this section as “the code”).

(3) The code is to include—

(a) an explanation of what the Scottish Ministers consider to be sustainable and regenerative agriculture,

(b) the agricultural activities and methods which they consider to constitute best practice for sustainable and regenerative agriculture,

(c) such other information and guidance relating to sustainable and regenerative agriculture as the Scottish Ministers consider appropriate.

(4) The Scottish Ministers must review and, if they consider it appropriate, revise and publish the code (as so revised) by the end of each review period.

(5) Before publishing the code or any revised code, the Scottish Ministers must lay it before the Scottish Parliament.

(6) The Scottish Ministers must, in preparing or reviewing the code, consult such persons as they consider likely to be interested in or affected by it.

(7) The Scottish Ministers must take such steps as they consider appropriate to promote awareness of the code to persons likely to be affected by it—

(a) after publication of the code (or the code as revised),

(b) at such other times as they consider appropriate.

(8) In this section, “review period” means—

(a) the period of 5 years beginning with the day on which the first code is published, and

(b) each subsequent period of 5 years.

30 Continuing professional development

(1) The Scottish Ministers may by regulations make provision for or in connection with the continuing professional development of—

(a) farmers,

(b) crofters,

(c) land-managers,

(d) persons who work in agriculture (whether as employees or otherwise),

(e) persons who provide relevant advice or services to the persons listed in paragraphs (a) to (c) (other than persons who are already subject to such requirements),

(f) such other categories of persons providing advice or services in or for rural communities as may be specified in the regulations.

(2) In subsection (1)(e), relevant advice or services means advice or services relating to farming, crofting or land-management.

(3) Regulations under subsection (1) may include provision about continuing professional development activities which the persons mentioned in subsection (1) may or must undertake (“CPD activities”), such as—

(a) requiring the persons mentioned in subsection (1) to undertake particular, or a particular amount of, CPD activities,

(b) the form and content of CPD activities, including peer-to-peer learning,

(c) the accreditation of CPD activities and the persons providing CPD activities,

(d) requiring that any person providing CPD activities or any particular description of CPD activities in accordance with the regulations holds such qualifications, skills or experience as may be specified in the regulations,

(e) the minimum criteria for successful completion of CPD activities,

(f) how successful completion of CPD activities is recorded,

(g) any circumstances in which a person who would otherwise be required to undertake particular, or a particular amount of, CPD activities does not have to do so,

(h) monitoring and enforcement of any requirement to undertake particular, or a particular amount of, CPD activities,

(i) the charging of fees in connection with the provision of, or any requirement to undertake, CPD activities,

(j) the processing of information in connection with the provision of, or any requirement to undertake, CPD activities, and

(k) appeals against decisions of the Scottish Ministers (or a person acting on their behalf) relating to any requirement to undertake CPD activities.

(4) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider appropriate.

(5) Regulations under subsection (1)—

(a) may make provision for persons other than the Scottish Ministers carrying out functions in relation to CPD activities,

(b) are subject to the negative procedure.

31 Monitoring and evaluation of continuing professional development

(1) The Scottish Ministers must, in relation to each CPD scheme—

(a) monitor the impact of the CPD scheme, and

(b) prepare one or more reports on the impact and effectiveness of the CPD scheme (having had regard to the findings of that monitoring and the matters to be considered by virtue of subsection (2)).

(2) For the purposes of monitoring a CPD scheme under subsection (1), the Scottish Ministers must, in particular, consider whether the CPD scheme in question—

(a) is accessible to the persons to whom the CPD scheme relates, including by reference to—

(i) where CPD activities take place,

(ii) the range, format and type of CPD activities that are available, and

(iii) the costs associated with undertaking the CPD activities,

(b) requires CPD activities to be undertaken only where it is appropriate and proportionate to do so.

(3) Monitoring under subsection (1)(a) may be carried out in such manner and for such period or periods as the Scottish Ministers consider appropriate for the CPD scheme in question.

(4) The number and frequency of reports prepared under subsection (1)(b) is to be as the Scottish Ministers consider appropriate for the CPD scheme in question.

(5) The Scottish Ministers must, after preparing a report under this section—

(a) lay a copy of the report before the Scottish Parliament, and

(b) publish the report.

(6) The Scottish Ministers may by regulations modify subsection (2) to add, amend or remove a matter to be considered.

(7) Regulations under subsection (6) are subject to the affirmative procedure.

(8) In this section—

(a) a reference to—

(i) a CPD scheme is a reference to any set of CPD activities which a person described in a paragraph of section 30(1) may or must undertake as a result of regulations under that section,

(ii) a person to whom a CPD scheme relates is a reference to a person who may or must undertake certain CPD activities as a result of regulations made under section 30,

(b) “CPD activities” has the same meaning as in section 30(3).

32 Prescribing and regulating means of identifying animals

(1) The Animal Health Act 1981 is modified as follows.

(2) In section 8 (movement generally)—

(a) in subsection (1), for paragraph (a) substitute—

“(a) for prescribing and regulating the means of identifying animals,”,

(b) in subsection (1A) (as inserted by the Agriculture Act 2020), the words “made by the Secretary of State or the Welsh Ministers” are repealed.

33 Food security statements

(1) The Scottish Ministers must, not less than once in every period of 3 years, prepare a statement on food security in Scotland.

(2) The Scottish Ministers must, after preparing a statement under this section—

(a) lay a copy of the statement before the Scottish Parliament, and

(b) publish the statement.

(3) The first statement under this section must be published within the period of 3 years beginning with the date of commencement of this section.

34 Repeals and minor modifications

(1) The enactments mentioned in the first column of the table in Part 1 of schedule 2 are repealed or revoked to the extent specified in the second column of the table.

(2) Part 2 of schedule 2 contains minor modifications of enactments.

Part 5 Final provisions

35 Regulations

(1) A power to make regulations conferred by this Act includes the power to make—

(a) different provision for different purposes or areas, and

(b) incidental, supplemental, consequential, transitional, transitory or saving provision.

(2) This section does not apply to section 38.

36 Ancillary provision

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under this section may modify any enactment (including this Act).

(3) Regulations under this section—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but

(b) otherwise are subject to the negative procedure.

37 Index of defined terms

In this Act—

• “exceptional market conditions” is to be construed in accordance with section 14(2),

• “exceptional market conditions declaration” has the meaning given in section 14(1),

• “financial support” is to construed in accordance with section 6(4),

• “payment entitlement” is to be construed in accordance with section 17(2),

• “rural support plan” is to be construed in accordance with section 2(9),

• “support” is to be construed in accordance with section 6(4),

• “third party scheme” is to be construed in accordance with section 7(2).

38 Commencement

(1) This section and sections 35, 36, 37 and 39 come into force the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under this section may—

(a) make different provision for different purposes or areas,

(b) include transitional, transitory or saving provision.

39 Short title

The short title of this Act is the Agriculture and Rural Communities (Scotland) Act 2024.