1 October 2020
87.The Act provides powers for the Scottish Ministers to modify the effect of retained EU law relating to the CAP, and to collect and process agricultural data.
88.The Act contains 27 sections, in 3 Parts, and 1 schedule.
89.Part 1 provides the Scottish Ministers with powers to modify CAP legislation, which it defines for that purpose. It enables the Scottish Ministers—
to simplify and improve the legislation,
to extend the operation of the main CAP legislation beyond 2020,
to modify financial provision in that legislation, and to modify the CMO Regulations for specified purposes,
to modify CAP legislation in respect of public intervention and private storage aid, and aid for fruit and vegetable producer organisations, and
to revoke the EU Food Promotion Scheme.
90.Part 1 provides powers for the Scottish Ministers to regulate marketing standards in the agriculture sector, and the classification, identification and presentation of carcasses by slaughterhouses.
91.Part 1 also provides for consequential modifications of the CMO Regulation.
92.Part 2 provides the legal powers for the Scottish Ministers to be able to collect information from persons in or closely connected with an ‘agri-food supply chain’, and from those carrying out an ‘agricultural activity’ (both terms as defined in that Part).
93.Although the powers in respect of agri-food supply chains and agricultural activities are related, i.e. they both relate to agricultural production, they are distinct. An agri-food supply chain captures every stage of production where agricultural products are intended for human consumption as food or drink. The farmer who grows the crop, the miller who grinds the flour, the baker who bakes the dough and the shopkeeper who sells the bread will all be part of the same agri-food supply chain. On the other hand, a person involved in the production of agricultural products will be carrying on an agricultural activity regardless of whether or not those products are destined for human consumption as food or drink. However, the definition of agricultural activity (which applies the definition used in the Basic Payment Regulation) doesn’t extend to onward supply chains. Of course, a person may be both part of an agri-food supply chain and carrying out an agricultural activity and so the Act explicitly provides that, in those circumstances, only the agri-food supply chain provision will apply to such a person.
94.The data collection powers in relation to both agri-food supply chains and agricultural activities are twofold. Firstly, a direct power for the Scottish Ministers to compel applicable persons to supply data and, secondly, a regulation-making power. The direct power allows the Scottish Ministers to compel known persons to provide data. For example, businesses that the Scottish Government can use business records to contact directly. The regulation-making power may be used to make regulations which compel the provision of data from defined categories of persons where the particular individuals or businesses who fall into that category are unknown. For example, any person who is part of a co-operative that runs a community abattoir.
95.Part 2 also provides for the purpose for which such information may be required and processed (including limitations on processing), and for a power for the Scottish Ministers to make regulations providing for the enforcement of information requirements.
96.Part 3 provides for:
powers to make regulations (including supplementary and ancillary powers),
the Scottish Ministers to report to the Scottish Parliament on progress towards establishing a new Scottish agricultural policy,
interpretation and effect,
an exemption of the Crown from criminal liability,
commencement, and
the short title of the Act.