The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 No. 60

PART 3 S Amendment of secondary legislation relating to withdrawal from the European Union

The Rural Development (Scotland) Regulations 2015 S

7.—(1) The Rural Development (Scotland) Regulations 2015 M1 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “service level agreement” substitute—

““service level agreement”, except in relation to regulation 21(3) (agency arrangements), means an agreement between the Scottish Ministers and an accountable body for the purposes of—

(a) Article 7(1) of the Horizontal Regulation, and

(b) Article 1 of, and Annex I(1)(C) to, Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro M2 as it had effect immediately before [F1 IP completion day];”,

(b) for the definition of “SRDP” substitute—

““SRDP” means the Scottish Rural Development Programme—

(a) as approved by the European Commission in respect of Scotland in accordance with Article 10(2) of the Rural Development Regulation and Article 29(4) of the Common Provisions Regulation, as those Regulations had effect immediately before [F1 IP completion day] M3 ,

(b) as amended pursuant to Article 11 of the Rural Development Regulation and Article 30 of the Common Provisions Regulation, as those Regulations had effect immediately before [F1 IP completion day] M4 , and

(c) as may from time to time be supplemented or amended, on or after [F1 IP completion day], by the Scottish Ministers in accordance with Article 11 of the Rural Development Regulation and Article 30 of the Common Provisions Regulation;”.

(3) In regulation 11 (powers of entry), for paragraph (6) substitute—

“(6) An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In regulation 18 (recovery of undue payments, interest and set-off)—

(a) in paragraph (2)(b), for “or the coordinating body” substitute “ , the coordinating body or, on or after [F3 IP completion day] , the appropriate authority ”,

(b) in paragraph (5)—

(i) before the definition of “the Bank of England base rate”, insert—

““the appropriate authority” means the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers acting jointly;”,

(ii) in the definition of “the coordinating body”, at the end insert— “ as those Regulations had effect immediately before [F3 IP completion day]. ”.

Textual Amendments

F1 Words in reg. 7(2) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(4)

F2 Reg. 7(4) revoked (31.12.2020 immediately before IP completion day) by The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/289), regs. 1(b), 6; 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 7(5) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(4)

Commencement Information

I1 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M1 S.S.I. 2015/192.

M2 OJ L 255, 28.8.2014, p.18, as last amended by Commission Delegated Regulation (EU) 2018/967 (OJ L 174, 10.7.2018, p.2).

M3 As approved pursuant to Commission Implementing Decision C(2015) 3489 approving the rural development programme of Scotland for support from the European Agricultural Fund for Rural Development.

M4 As last amended pursuant to Commission Implementing Decision C(2018) 8463 approving the amendment of the rural development programme of Scotland (UK) for support from the European Agricultural Fund for Rural Development.