The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019

The Rural Development (Scotland) Regulations 2015

7.—(1) The Rural Development (Scotland) Regulations 2015(1) 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(2) as it had effect immediately before exit 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 exit day(3),

(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 exit day(4), and

(c)

as may from time to time be supplemented or amended, on or after exit 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.”

(4) For regulation 16(1)(d) (breaches of conditions of grant/undertakings etc.), substitute—

“(d) the whole or any part of the sum paid or payable in relation to an approval duplicates assistance provided or to be provided out of monies made available—

(i) by the European Union in respect of an application for European Union assistance approved before exit day; or

(ii) under any enactment, including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;”.

(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 exit 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 exit day.”.

(1)

S.S.I. 2015/192.

(2)

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).

(3)

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.

(4)

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.