The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

[F1 PART 2 U.K. Amendment of Regulation (EU) 1306/2013

Textual Amendments

F1 Regulations revoked (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 3 para. 1 Table 2 (with Sch. 3 Pt. 2)

Amendment of Regulation (EU) 1306/2013 U.K.

2.   Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy in so far as it relates to the Common Agricultural Policy (“CAP”) direct payment schemes is amended in accordance with regulations 3 to 11.

Commencement Information

I1 Reg. 2 comes into force on "exit day", see reg. 1(2)

Amendment of Title 1 (Scope and Definitions) U.K.

3.— (1) In Article 1—

(a) in point (a), for the words from “under” to the end substitute “ for direct payments ”;

(b) in point (c), for “Member States” substitute “ relevant authority ”;

(c) omit point (e).

(2) In Article 2—

(a) in paragraph 1—

(i) for point (f), substitute—

“(f) “sectoral agricultural legislation” means, insofar as it relates to direct payments:

(i) any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;

(ii) any delegated or implementing acts adopted on the basis of acts referred to in point (i);

(iii) regulations made in the exercise of powers under any act referred to in point (i);”;

(ii) for point (g), substitute—

“(g) “irregularity” means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;”;

(iii) after point (g), insert—

“(h) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;

(i) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;

(j) “economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;

(k) “relevant authority” means:

(i) in England, the Secretary of State;

(ii) in Wales, the Welsh Ministers;

(iii) in Scotland, the Scottish Ministers;

(iv) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(l) “relevant accounting officer” means:

(i) in England, the accounting officer for the Department for Environment, Food and Rural Affairs;

(ii) in Wales, the Permanent Secretary of the Welsh Government;

(iii) in Scotland, the Permanent Secretary of the Scottish Government;

(iv) in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;”.

(m) “appropriate authority” means:

(i) subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;

(ii) the Secretary of State:

(aa) in relation to Scotland, if consent is given by the Scottish Ministers;

(bb) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(iv) in paragraph 2, for “the CAP” substitute “ expenditure on direct payments and for the purposes of sectoral agricultural legislation ”.

Commencement Information

I2 Reg. 3 comes into force on "exit day", see reg. 1(2)

Amendment of Title 2 (General Provisions on Agricultural Funds) U.K.

4.— (1) Omit Articles 3, 4 and 6.

(2) For Article 7 substitute—

“Article 7 U.K. Designation of paying agencies and coordinated action by relevant authorities

1.   Paying agencies shall be departments or bodies designated by the relevant authority, which have an administrative organisation and a system of internal control that provide sufficient guarantees that payments are legal and regular, and properly accounted for.

2.   The number of paying agencies shall be restricted to no more than one per constituent nation.

3.   Paying agencies shall be responsible for the management and control of expenditure on direct payments. With the exception of payment, the carrying out of those tasks may be delegated.

4.   The relevant authorities shall have joint responsibility for the following tasks:

(a) to take or coordinate, as the case may be, actions with a view to resolving deficiencies of a common nature;

(b) to promote and, where possible, ensure harmonised application of sectoral agricultural legislation.”.

(3) Omit Articles 8 to 10.

(4) In Article 11, omit “for in Union law”.

Commencement Information

I3 Reg. 4 comes into force on "exit day", see reg. 1(2)

Amendment of Title 3 (Farm Advisory System) U.K.

5.— (1) For Articles 12 to 15 substitute—

“Article 12 U.K. Farm Advisory System

The relevant authority must have in place a system for advising beneficiaries on land management and farm management (“farm advisory system”). That farm advisory system shall be operated by designated public bodies and/or selected private bodies. That system shall cover the agricultural practices beneficial for the climate and the environment laid down in Chapter 3 of Title III of Regulation (EU) No 1307/2013 and the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of that Regulation.”.

Commencement Information

I4 Reg. 5 comes into force on "exit day", see reg. 1(2)

Amendment of Title 4 (Financial Management) U.K.

6.— (1) In the heading of Title 4, omit “of the Funds”.

(2) For the heading of Chapter 1 substitute— “ Direct payment support ”.

(3) Omit Articles 16 to 19, and 21 to 25.

(4) For Article 26 substitute—

“Article 26 U.K. Financial Discipline

1.   Where the relevant authority has an obligation to reimburse in respect of the 2019 adjustment rate, as provided for in Article 26(5) as it had effect immediately before exit day, the reimbursement must only be paid to relevant farmers.

2.   For the purposes of paragraph 1, a relevant farmer is a person who would be liable to be subject to an adjustment rate under Article 26 as it had effect immediately before exit day.”.

(5) Omit Articles 27 to 29.

(6) Omit Articles 39 to 45.

(7) In Article 46—

(a) omit paragraphs 1 to 4;

(b) for paragraph 5 substitute—

“5.   The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.”.

(8) Omit Articles 47 and 48.

(9) In Article 49—

(a) in the first paragraph—

(i) omit “accredited”;

(ii) for the words from “Union” to the end substitute “ the law applying in the constituent nation ”;

(b) in the second paragraph omit “accredited”.

(10) In Article 50—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

“2.   The appropriate authority may make regulations laying down rules on the conditions on which the supporting documents referred to in Article 49 are to be kept, including their form and the time period of their storage.”.

(11) Omit Articles 51 to 53.

(12) In Article 54—

(a) in paragraph 1 for “Member States” substitute “ the relevant authority ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in the first subparagraph, for “Member States” substitute “ the relevant authority ”;

(ii) in point (a)(ii)—

(aa) for “Member State” substitute “ relevant authority ”;

(bb) for “its national law” substitute “ the law applying in the constituent nation ”;

(iii) in point (b), for “national law” substitute “ the law applying in the constituent nation ”;

(iv) omit the last subparagraph;

(d) omit paragraphs 4 and 5.

(13) For Article 55 substitute—

“Article 55 U.K. Provisions specific to direct payment support

Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with direct payment support.”.

(14) For Article 57 substitute—

“Article 57 U.K. Power to make regulations

In order to ensure correct and efficient application of the provisions relating to the conditions for the recovery of undue payments and interest thereon, the appropriate authority may make regulations setting out procedures for such recovery as set out in this Section.”.

Commencement Information

I5 Reg. 6 comes into force on "exit day", see reg. 1(2)

Amendment of Title 5 (Control systems and penalties) U.K.

7.— (1) For the heading of Article 58 substitute— “ Financial Management ”.

(2) In Article 58—

(a) in paragraph 1—

(i) for the words from “Member States” to “Union”, in the first place it occurs, substitute “ The relevant authority must take all measures necessary to ensure proper management of public money ”;

(ii) in point (a), for “the Funds” substitute “ direct payment support ”;

(iii) for point (d) substitute—

“(d) enforce penalties through legal proceedings, as necessary;”;

(b) in paragraph 2—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “Union”, in the first place it occurs, substitute “ direct payment ”;

(iii) for the words from “minimising” to “Union” substitute “ ensuring proper management of public money ”;

(c) for paragraph 3 substitute—

“3.   Any conditions established by the relevant authority to supplement conditions for receiving direct payment support contained in retained direct EU legislation shall be verifiable.”;

(d) omit paragraph 4.

(3) In Article 59—

(a) in paragraph 1, for “Member States” substitute “ relevant authority ”;

(b) for paragraph 4 substitute

“4.   Where appropriate, all on-the-spot checks provided for in sectoral agricultural legislation shall be carried out at the same time.”;

(c) in paragraph 5 for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(d) in paragraph 6—

(i) omit “to be”;

(ii) omit “by the Commission”.

(4) In Article 62—

(a) In the heading, remove “Commission”;

(b) in paragraph 2—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) in point (a)—

(aa) for “Member States” substitute “ relevant authority ”;

(bb) omit the words from “resulting” to the end;

(iii) for point (d) substitute—

“(d) the authorities responsible for performing compliance checks and the content and frequency of those checks;”;

(iv) omit point (f);

(v) omit the second subparagraph.

(5) In Article 63—

(a) In paragraph 1, omit the second subparagraph;

(b) in paragraph 2—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) omit “Article 64 and”;

(c) in paragraph 4, for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(d) in paragraph 5—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

(6) In Article 67—

(a) in paragraph 1, for “Each Member State shall set up and” substitute “ The relevant authority must ”;

(b) for paragraph 2 substitute—

“2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No 1307/2013.”;

(c) in paragraph 4—

(i) in point (a), for “Member States may lay” substitute “ nothing in this Regulation prevents the relevant authority from laying ”;

(ii) in point (b)—

(aa) omit “the single area payment scheme and”;

(bb) for “Chapters 1 and” substitute “ Chapter ”;

(cc) omit “; the payment for areas with natural constraints referred to in Chapter 4 of Title III of Regulation (EU) No 1307/2013”;

(dd) omit the words from “; the crop” to the end.

(7) In Article 68, omit paragraphs 3 and 4.

(8) In Article 69—

(a) in paragraph 1—

(i) in the second subparagraph—

(aa) for “Member State” substitute “ constituent nation ”;

(bb) for the last sentence substitute “ The database shall allow direct and immediate access to the data relating to at least the previous four consecutive years and for data related to “permanent grassland and permanent pasture” as defined in point (h) of Article 4(1) of Regulation (EU) No 1307/2013, relating to at least the previous five consecutive calendar years. ”

(ii) omit the third subparagraph;

(b) for paragraph 2, substitute—

“2.   A decentralised computerised database may be set up in each constituent nation on condition that these, and the administrative procedures for recording and accessing data must be designed to be homogenous throughout the United Kingdom and are compatible with one another to allow for cross checks.”.

(9) In Article 70—

(a) in paragraph 1—

(i) in the first subparagraph, omit the last sentence;

(ii) in the second subparagraph, for “Member States” substitute “ the relevant authority ”;

(b) in paragraph 2, for “Member States” substitute “ The relevant authority ”.

(10) In Article 71(2), for “Member State” substitute “ constituent nation ”.

(11) In Article 72—

(a) for paragraph 1 substitute—

“1.   Each year, a beneficiary of direct payment support must submit an application, indicating, where applicable:

(a) all the agricultural parcels on the holding, as well as the non-agricultural area for which support referred to in Article 67(2) is claimed;

(b) the payment entitlements declared for activation;

(c) any other information provided for in this Regulation or the relevant sectoral agricultural legislation or by the relevant authority concerned.

The relevant authority must determine the minimum size of agricultural parcels in respect of which an application may be made. However, the minimum size shall not exceed 0,3 .”.

(b) in paragraph 2—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) omit point (b);

(c) in paragraph 3—

(i) in the first subparagraph, for “Member States” substitute “ The relevant authority ”;

(ii) in the second subparagraph, for “A Member State” substitute “ The relevant authority ”;

(iii) omit the third subparagraph;

(d) in paragraph 4, for “A Member State” substitute “ The relevant authority ”.

(e) in paragraph 5—

(i) for the words from the beginning to “1182/71, the” substitute “ The ”;

(ii) for the words “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”.

(12) In Article 74—

(a) in paragraph 1—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) for “them” substitute “ the relevant authority ”;

(b) in paragraph 2, for “Member States” substitute “ the relevant authority ”;

(c) in paragraph 3, for “Member States” substitute “ The relevant authority ”.

(13) In Article 75—

(a) in paragraph 1—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) omit “of up to 50%”;

(b) in paragraph 2, for “Member States” substitute “ relevant authority ”;

(c) in paragraph (3)—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) for “implementing acts”, in the second place it occurs, substitute “ regulations ”;

(iii) omit the last sentence.

(14) In Article 76—

(a) in paragraph 1—

(i) for “protects the financial interests of the Union” substitute “ ensures proper management of public money ”;

(ii) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(iii) for point (a) substitute—

“(a) specific definitions needed to ensure a harmonised implementation of the integrated system;”;

(iv) in point (b), omit “by the Member States”;

(b) in paragraph 2—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) in point (c), for the words from “such” to “eligible area” substitute “ such rules may allow, in relation to areas under permanent grassland, for scattered landscape features and trees, the total area of which does not exceed a specified percentage of the reference parcel, to be part of the eligible area automatically ”.

(15) In Article 77—

(a) in paragraph 2—

(i) in point (e), for “to be set by the Commission” substitute “ set ”;

(ii) in point (f), for “to be defined by the Commission” substitute “ as defined ”.

(b) in paragraph 6, for the third subparagraph substitute—

“The amount of such administrative penalties for a given year shall not exceed 25% of the amount of the payment referred to in Chapter 3 of Title III of Regulation (EU) No 1307/2013 to which the farmer concerned would be entitled if the farmer met the conditions for that payment.”.

(c) in paragraph 7—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) omit “by Member States”;

(d) in paragraph 8—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

(16) In Article 78—

(a) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(b) in point (b), for the words from “Member” to the end substitute “ for the application of simplified procedures or correction of obvious errors ”;

(c) omit the last sentence.

Commencement Information

I6 Reg. 7 comes into force on "exit day", see reg. 1(2)

Amendment of Title 6 (Cross-Compliance) U.K.

8.— (1) In Article 91(3)—

(a) in point (a), for “territory of the same Member State” substitute “ United Kingdom ”;

(b) in point (b), omit “under Union law”.

(2) For Article 92 substitute—

“Article 91 shall apply to beneficiaries receiving direct payment support.”.

(3) In Article 93—

(a) in paragraph 1—

(i) omit “under Union law”;

(ii) for “at national level” substitute “ in the constituent nation ”;

(b) in paragraph 2, for “by the Member States” substitute “ in the constituent nation ”;

(4) In Article 94—

(a) in the first paragraph—

(i) for “Member States”, in the first place it occurs, substitute “ The relevant authority ”;

(ii) for the second sentence substitute “ The minimum standards for beneficiaries for good agricultural and environmental conditions of land are as set out in the legislation applying in the constituent nation. ”.

(b) in the second paragraph, for “Member States” substitute “ The relevant authority ”.

(5) In Article 95 for “Member States” substitute “ The relevant authority ”.

(6) In Article 96—

(a) in paragraph 1—

(i) for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(ii) after “set up” insert “ in the constituent nation ”;

(b) in paragraph 2, for “Member States” substitute “ the relevant authority ”;

(c) in paragraph 3, for “Member States” substitute “ The relevant authority ”;

(d) in paragraph 4—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

(7) In Article 97(3)—

(a) in the first subparagraph, for “Member States” substitute “ the relevant authority ”;

(b) in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.

(8) Omit Article 98.

(9) In Article 99(2)—

(a) for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(b) for “a Member State” substitute “ the relevant authority ”.

(10) Omit Article 100.

Commencement Information

I7 Reg. 8 comes into force on "exit day", see reg. 1(2)

Amendment of Title 7 (Common Provisions) U.K.

9.— (1) In Article 101—

(a) in the heading, omit “Commission”;

(b) in paragraph 1—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) omit point (a);

(c) for paragraph 2 substitute—

“2.   The appropriate authority may make regulations laying down detailed procedural and technical rules concerning the calculation and application of administrative penalties referred to in Articles 97 and 99.”.

(2) Omit Article 102.

(3) In Article 103—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States and the Commission” substitute “ The relevant authority ”;

(bb) omit “and clearance of accounts”;

(ii) omit the second subparagraph;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Omit Article 104.

(5) For Article 105 substitute—

“Article 105 U.K. General principles

1.   The amounts in declarations of expenditure by the relevant authority may be expressed in either euro or sterling.

2.   The prices and amounts fixed in sectoral agricultural legislation may be expressed in either euro or sterling. Subject to Article 108, they shall be granted or collected in sterling.”.

(6) In Article 106—

(a) for paragraph 1 substitute—

“1.   Where the prices or amounts referred to in Article 105(2) are expressed in euro, they shall be converted into sterling by means of an exchange rate.”;

(b) in paragraph 4—

(i) for “EAGF” substitute “ direct payment support ”;

(ii) for “Member States which have not adopted the euro” substitute “ the relevant authority ”;

(c) omit paragraph 6.

(7) Omit Article 107.

(8) In the heading of Article 108, omit “by non-euro Member States”.

(9) In Article 108—

(a) in paragraph 1—

(i) for “a Member State which has not adopted the euro” substitute “ the relevant authority ”;

(ii) for “its national currency” substitute “ sterling ”;

(iii) for “Member State”, in the second place it occurs, substitute “ relevant authority ”;

(iv) for “national currency”, in the second place it occurs, substitute “ sterling ”;

(b) omit paragraph 2.

(10) Omit Articles 109 and 110.

(11) In Article 111—

(a) in paragraph 1—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “the Funds” substitute “ direct payments ”;

(iii) in point (a)(ii), for “of the Member State concerned” substitute “ applying in the constituent nation ”;

(iv) in point (c), for “financed by the Funds” substitute “ under which direct payment support is granted, which is ”;

(v) in point (d), for “financed by either of the Funds” substitute “ under which direct payment support is granted ”;

(vi) in the last subparagraph, for “per Member State” substitute “ for the United Kingdom administered jointly by the relevant authorities ”;

(12) In Article 112—

(a) for the first and second paragraphs substitute—

“The relevant authority shall not publish the name of a beneficiary as provided for in point (a) of the first subparagraph of Article 111(1) of this Regulation where the amount of aid from direct payment support and the Funds (as defined in Article 3(2) of Regulation (EU) No 1306/2013 as it had effect immediately before exit day) received in one year by a beneficiary is equal to or less than EUR 1250.”

(b) in the third paragraph—

(i) for “Member States”, in the first place it occurs, substitute “ relevant authority ”;

(ii) for “Member States”, in the second place it occurs, substitute “ The relevant authority ”.

(13) In Article 113—

(a) in the first paragraph—

(i) for “Member States”, in the first place it occurs, substitute “ The relevant authority ”;

(ii) omit “of the Union and the Member States”;

(iii) for “safeguarding the Union's financial interests” substitute “ ensuring proper management of public funds ”;

(b) in the second paragraph—

(i) for “Directive 95/46/EC” substitute “ Regulation (EU) No 2016/679 and the Data Protection Act 2018 M1 ”;

(ii) for “Member States” substitute “ relevant authority ”.

(14) In Article 114—

(a) In the heading, for “Commission” substitute “ Appropriate authority ”;

(b) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(c) omit point (c);

(d) omit the second subparagraph.

Textual Amendments

F2 Reg. 9(3)(b) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 7(2)

Commencement Information

I8 Reg. 9 comes into force on "exit day", see reg. 1(2)

Marginal Citations

M1 2018 c. 12.

Amendment of Title 8 (Final Provisions) U.K.

10.— (1) Title 8 of the Horizontal Regulation is amended as follows.

(2) For Article 115 substitute—

“Article 115 U.K. Regulations: general

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M2 .

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M3 .

4.   Regulations under this Regulation may:

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

Article 115A U.K. Regulations: the Secretary of State

1.   Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.   A statutory instrument containing regulations made by the Secretary of State under Article 26(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3.   A statutory instrument containing regulations made by the Secretary of State under Article 75(3) must be laid before Parliament after being made.

4.   Regulations made by the Secretary of State under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by resolution of each House of Parliament.

5.   In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which:

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than 4 days.

6.   If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Article 115B U.K. Regulations: the Welsh Ministers

1.   Except as specified in paragraphs 2 to 5, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

2.   A statutory instrument containing regulations made by the Welsh Ministers under Article 75(3) must be laid before the National Assembly for Wales after being made.

3.   Regulations made by the Welsh Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

4.   In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the National Assembly for Wales:

(a) is dissolved, or

(b) in recess for more than 4 days.

5.   If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Article 115C U.K. Regulations: the Scottish Ministers

1.   Except as specified in paragraphs 2 to 5, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

2.   Regulations made by the Scottish Ministers under Article 75(3) must be laid before the Scottish Parliament after being made.

3.   Regulations made by the Scottish Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

4.   In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the Scottish Parliament is:

(a) dissolved, or

(b) in recess for more than 4 days.

5.   If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Article 115D U.K. Regulations: Northern Ireland

1.   Except as specified in paragraphs 2 to 5, regulations made by the Department of Agriculture, Environment and Rural Affairs (“the Department”) under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M4 as if they were a statutory instrument within the meaning of that Act.

2.   Regulations made by the Department under Article 75(3) must be laid before the Northern Ireland Assembly after being made.

3.   Regulations made by the Department under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

4.   In calculating the period of 28 days for the purpose of paragraph 3, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a) dissolved,

(b) in recess for more than 4 days, or

(c) adjourned for more than 6 days.

5.   If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.”.

(3) Omit Article 116.

(4) In Article 117—

(a) in paragraph 1—

(i) for “Member States and the Commission” substitute “ The relevant authority ”;

(ii) omit “and Chapter III of Title VII”;

(b) in paragraph 2, omit the words from “for monitoring” to “as well as”;

(c) in paragraph 3—

(i) for “Directive 95/46/EC and Regulation (EC) No 45/2001” substitute “ Regulation (EU) No 2016/679 and the Data Protection Act 2018 ”;

(ii) omit “national and Union”;

(d) in paragraph 4—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) omit “and Union”;

(iii) for “Directive 95/46/EC and Regulation (EC) No 45/2001” substitute “ Regulation (EU) No 2016/679 and the Data Protection Act 2018 ”.

(5) Omit Article 118.

(6) Omit Articles 120 and 121.

(7) After Article 121, omit the words from “This” to “States”.

Commencement Information

I9 Reg. 10 comes into force on "exit day", see reg. 1(2)

Marginal Citations

M2 2010 asp. 10.

M3 S.I. 1979/1573 (N.I. 12).

M4 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

Amendment of Annexes 1 and 2 (Information and rules on cross-compliance) U.K.

11.— (1) Omit Annex 1.

(2) In Annex 2, in the requirements and standards for SMR4, in the last column, for “17(1)” substitute “ 17 ”.]

Commencement Information

I10 Reg. 11 comes into force on "exit day", see reg. 1(2)