Commentary on Provisions
Part 1 – Retained EU law
Section 1 – Defined terms
97.This section defines terms used in Part 1 for the purposes of that Part.
98.It defines the “main CAP legislation” as being:
the Direct Payments Regulation, the Rural Development Regulation, the Horizontal Regulation, and – so far as relating to the Rural Development Regulation - the Common Provisions Regulation (each of which are further defined in the section),
delegated or implementing regulations made by the EU in respect of those Regulations, and
subordinate legislation made in the UK, implementing or otherwise relating to those Regulations.
99.It also defines the “CMO Regulation”, which forms part of the CAP, but is not included in the main CAP legislation for the purposes of the Act.
100.All references in the Act to EU regulations are to be read as references to the regulations as incorporated into domestic law (i.e. as part of “retained EU law”) by virtue of section 3 of the European Union (Withdrawal) Act 2018 or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (see section 24(1) of the Act).
101.It provides for “modify” to include amend, revoke and repeal, and states that any related expressions are to be interpreted accordingly. This in particular covers revocation in relation to subordinate instruments.
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