The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 M2 and all powers enabling them to do so.
PART 1INTRODUCTION
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows—
(a)
as regards this Part and Part 2, on 28 March 2019,
(b)
as regards Part 3, on exit day.
(2)
These Regulations extend to Scotland only.
PART 2Amendment of references in secondary legislation
The Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 20142.
In paragraph 6(3) (maintenance of soil organic matter) of Part 2 (standards for good agricultural and environmental condition) of the schedule to the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014 M3, for “the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006” substitute “
the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 M4
”
.
PART 3Amendment of secondary legislation relating to withdrawal from the European Union
The Crofting Counties Agricultural Grants (Scotland) Scheme 20063.
(1)
The Crofting Counties Agricultural Grants (Scotland) Scheme 2006 M5 is amended as follows.
(2)
In paragraph 2(1) (interpretation), in the definition of “Commission Regulation 65/2011”, at the end insert “
(except in relation to paragraph 6(4)(c))
”
.
(3)
In paragraph 6(4)(c) (restrictions on payment of grant), after “65/2011” insert “
as that Article of that Commission Regulation had effect immediately before F1IP completion day ”
.
(4)
“(5)
An authorised person entering any land under sub-paragraph (1) may be accompanied by such other person as the authorised person considers necessary, and sub-paragraphs (3) and (4) shall apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.”.
The Less Favoured Area Support Scheme (Scotland) Regulations 20104.
“(a)
verification of the accuracy of an application by carrying out administrative and periodic checks which are required under—
(i)
Article 11 of Commission Regulation 65/2011;
(ii)
Articles 12 and 20 of Commission Regulation 65/2011 as it had effect immediately before exit day; or
(iii)
Titles III and V of the Horizontal Delegated Regulation; or”.
The Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 20145.
“(5)
An authorised person entering any premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”.
The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 20156.
(1)
The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 M7 are amended as follows.
F2(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
“(5)
An authorised person entering any premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”.
F6(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rural Development (Scotland) Regulations 20157.
(1)
The Rural Development (Scotland) Regulations 2015 M8 are amended as follows.
(2)
In regulation 2(1) (interpretation)—
(a)
““service level agreement”, except in relation to regulation 21(3) (agency arrangements), means an agreement between the Scottish Ministers and an accountable body for the purposes of—
(a)
Article 7(1) of the Horizontal Regulation, and
(b)
Article 1 of, and Annex I(1)(C) to, Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro M9 as it had effect immediately before F7IP completion day;”,
(b)
““SRDP” means the Scottish Rural Development Programme—
(a)
as approved by the European Commission in respect of Scotland in accordance with Article 10(2) of the Rural Development Regulation and Article 29(4) of the Common Provisions Regulation, as those Regulations had effect immediately before F7IP completion day M10,
(b)
as amended pursuant to Article 11 of the Rural Development Regulation and Article 30 of the Common Provisions Regulation, as those Regulations had effect immediately before F7IP completion day M11, and
(c)
as may from time to time be supplemented or amended, on or after F7IP completion day, by the Scottish Ministers in accordance with Article 11 of the Rural Development Regulation and Article 30 of the Common Provisions Regulation;”.
(3)
“(6)
An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”
F8(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
In regulation 18 (recovery of undue payments, interest and set-off)—
(a)
in paragraph (2)(b), for “or the coordinating body” substitute “
, the coordinating body or, on or after F9IP completion day , the appropriate authority
”
,
(b)
in paragraph (5)—
(i)
““the appropriate authority” means the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers acting jointly;”,
(ii)
in the definition of “the coordinating body”, at the end insert— “
as those Regulations had effect immediately before F9IP completion day.
”
.
The Rural Payments (Appeals) (Scotland) Regulations 20158.
“Transitional provision for decisions on or after F11IP completion day in relation to EU instrumentsF1210B.
For the purposes of these Regulations, a “relevant decision” includes a decision made on or after F11IP completion day under and in accordance with any EU instrument specified in any of the paragraphs of the Schedule, so far as that EU instrument had effect immediately before F11IP completion day.”.
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.
These Regulations make amendments to legislation in the field of the common agricultural policy.
Part 2 (regulation 2), made in exercise of powers under the European Communities Act 1972 (c.68), updates a reference in relation to secondary legislation.
Part 3 (regulations 3 to 8) make amendments to secondary legislation consequential on the UK's withdrawal from the European Union.
No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.