The Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024

Draft Regulations laid before the Scottish Parliament under section 3(4) of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2024 No.

Agriculture

The Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024

Made

2024

Coming into force

1st January 2025

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 3(1) of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020(1) and all other powers enabling them to do so.

In accordance with section 3(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Rural Development (Continuation of Operation) (Miscellaneous Amendment) (Scotland) Regulations 2024 and come into force on 1 January 2025.

Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2010

2.—(1) The Less Favoured Area Support Scheme (Scotland) Regulations 2010(2) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “Scheme 2024 payment” insert—

““Scheme 2025 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2025 to 31st December 2025;

“Scheme 2026 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2026 to 31st December 2026;

“Scheme 2027 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2027 to 31st December 2027;

“Scheme 2028 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2028 to 31st December 2028;

“Scheme 2029 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2029 to 31st December 2029;

“Scheme 2030 payment” means the sum to which the applicant is entitled in respect of the period from 1st January 2030 to 31st December 2030;”.

(3) In regulation 10(2) (enterprise mix), for “2024” substitute “2030”.

(4) In schedule 5 (rates of payment for less favoured area support), in the tables in Part I (more disadvantaged land) and Part II (less disadvantaged land), in the second column of the first row, after “Scheme 2024 payment” insert—

“Scheme 2025 payment,

Scheme 2026 payment,

Scheme 2027 payment,

Scheme 2028 payment,

Scheme 2029 payment,

Scheme 2030 payment.”.

Amendment of the Common Provisions Regulation

3.—(1) The Common Provisions Regulation(3) is amended as follows.

(2) In Article 26 (support for rural development under the programme), for “2024” substitute “2030”.

(3) In Article 50(1) (implementation reports), for “2024” substitute “2025”.

(4) In Article 65 (eligibility)—

(a) in paragraph (2), for “2024” substitute “2030”,

(b) in paragraph (4), for “2024” substitute “2030”.

Amendment of the Rural Development Regulation

4.—(1) The Rural Development Regulation(4) is amended as follows.

(2) In Article 31(5) (payments to areas facing natural or other specific constraints), for “2024” substitute “2030”.

(3) In Article 75(1) (annual implementation report), for “2025” substitute “2026”.

Amendment of Commission Implementing Regulation (EU) No 808/2014

5.—(1) Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(5) is amended as follows.

(2) In Article 4 (amendments of rural development programmes)—

(a) in paragraph 2, for “2024” substitute “2030”,

(b) in paragraph 3—

(i) for “2024” substitute “2030”,

(ii) for “2027” substitute “2033”.

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments for securing the continued operation of assimilated law governing rural development in Scotland by adjusting operational end dates in relevant provisions.

Regulation 2(4) also modifies the Less Favoured Area Support Scheme (Scotland) Regulations 2010 to set the payment rates for the further years of operation of that scheme.

A Child Rights and Wellbeing Impact Assessment has been prepared and can be viewed at https://www.legislation.gov.uk. An Island Communities Impact Assessment has been prepared and can be viewed at https://www.gov.scot/.

(1)

2020 asp 17.

(2)

S.S.I. 2010/273, relevant amending instruments are S.S.I. 2011/73, S.S.I. 2019/98 and S.S.I. 2020/456.

(3)

EUR 2013/1303, relevant amending instruments are S.I. 2019/785 and S.S.I. 2020/477. See section 1(7) of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (“2020 Act”) for the definition of “Common Provisions Regulation”.

(4)

EUR 2013/1305, relevant amending instruments are S.I. 2019/764, S.S.I. 2020/456 and S.S.I. 2021/33. See section 1(4) of the 2020 Act for the definition of “Rural Development Regulation”.

(5)

EUR 2014/808, relevant amending instruments are S.I. 2019/770 and S.S.I. 2020/477.