Commentary on Sections
Section 1 – Aid in the fruit and vegetables sector: amendment of CMO Regulation
This section amends assimilated law EU 1308/2013 (the CMO Regulation) in relation to the FVAS, so as to remove any requirement for all eligible claims to be funded and enable the Department to continue the FVAS on a discretionary basis. It empowers the Department to consider on a case-by-case basis whether to grant financial assistance to a PO in respect of a particular operational programme. The section also includes transitional provisions in relation to existing FVAS programmes.
Section 2 - Aid in the fruit and vegetables sector: power to modify
Subsection (1) of this section confers a power on the Department to make regulations to modify the listed assimilated direct legislation relating to aid in the fruit and vegetables sector.
Subsection (2) provides power to make regulations regarding the review of decisions relating to such aid. This includes power to make provision similar to existing regulations about review and so will allow provision to be made establishing review procedures, enabling renumeration and allowances to be paid in connection with the procedures, and allowing fees to be charged in respect of the costs of the procedures.
Subsection (3) clarifies that the power to modify in subsection (1) includes power to modify provisions inserted in the CMO Regulation by section 1.
Section 3 - Information provision and promotion measures: power to modify
This section confers a power on the Department to make regulations to modify the listed assimilated direct legislation relating to information provision and promotion measures.
Section 4 - Regulations
This section provides that the regulations made under the Act may contain supplementary incidental, consequential, transitional, transitory or saving provisions and that such provision includes modification of any statutory provision. This section also provides that regulations under the Act can only be made following approval by the Assembly.
Section 5 – Interpretation
This section provides interpretation of terms used in the Act, including that “
Section 6 – Commencement and short title
This section provides that the Act will come into operation on the day after the day it receives Royal Assent. The section also specifies the short title of the Act namely, The Agriculture Act (Northern Ireland) 2025.
