Agriculture and Rural Communities (Scotland) Act 2024

30 Continuing professional development

(1) The Scottish Ministers may by regulations make provision for or in connection with the continuing professional development of—

(a) farmers,

(b) crofters,

(c) land-managers,

(d) persons who work in agriculture (whether as employees or otherwise),

(e) persons who provide relevant advice or services to the persons listed in paragraphs (a) to (c) (other than persons who are already subject to such requirements),

(f) such other categories of persons providing advice or services in or for rural communities as may be specified in the regulations.

(2) In subsection (1)(e), relevant advice or services means advice or services relating to farming, crofting or land-management.

(3) Regulations under subsection (1) may include provision about continuing professional development activities which the persons mentioned in subsection (1) may or must undertake (“CPD activities”), such as—

(a) requiring the persons mentioned in subsection (1) to undertake particular, or a particular amount of, CPD activities,

(b) the form and content of CPD activities, including peer-to-peer learning,

(c) the accreditation of CPD activities and the persons providing CPD activities,

(d) requiring that any person providing CPD activities or any particular description of CPD activities in accordance with the regulations holds such qualifications, skills or experience as may be specified in the regulations,

(e) the minimum criteria for successful completion of CPD activities,

(f) how successful completion of CPD activities is recorded,

(g) any circumstances in which a person who would otherwise be required to undertake particular, or a particular amount of, CPD activities does not have to do so,

(h) monitoring and enforcement of any requirement to undertake particular, or a particular amount of, CPD activities,

(i) the charging of fees in connection with the provision of, or any requirement to undertake, CPD activities,

(j) the processing of information in connection with the provision of, or any requirement to undertake, CPD activities, and

(k) appeals against decisions of the Scottish Ministers (or a person acting on their behalf) relating to any requirement to undertake CPD activities.

(4) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider appropriate.

(5) Regulations under subsection (1)—

(a) may make provision for persons other than the Scottish Ministers carrying out functions in relation to CPD activities,

(b) are subject to the negative procedure.