The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order makes provision under section 30(3) of the Scotland Act 1998. It concerns functions related to the implementation of a common agricultural policy legislative instrument of the European Community, which apply to an agricultural activity by reference to a holding, and prerogative and other executive functions under section 53(2)(a) of that Act. It provides that, so far as exercisable in relation to a farmer, defined for these purposes as one whose holding within the United Kingdom is situated wholly or partly within Scotland (“a Scottish farmer”), the relevant functions should be treated for the purposes of that Act as being functions which are exercisable in or as regards Scotland.

The relevant functions relate to Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No. 2019/93, (EC) No. 1452/2001, (EC) No. 1453/2001, (EC) No. 1454/2001, (EC) 1868/94, (EC) No. 1251/1999, (EC) No. 1254/1999, (EC) No. 1673/2000, (EEC) No. 2358/71 and (EC) No. 2529/2001 (“the Council Regulation”).

This Order makes clear the powers of the Scottish Parliament and the Scottish Ministers under the Council Regulation in relation to a Scottish farmer as a consequence of the reform of the common agricultural policy of the European Community.