The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020.
(2)
(3)
These Regulations extend to Scotland only.
Amendments to the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 20142.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““claim year” has the meaning given in section 1(7) of the Direct Payments to Farmers (Legislative Continuity) Act 20204,”,
(b)
“(2A)
References in these Regulations to the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation are, to the extent that they relate to direct payments for claim year 2020, references to those Regulations as they exist in domestic law.”.
(3)
In regulation 5 (powers of authorised persons), at the beginning of paragraph (5)(b) insert “except for matters relating to direct payments for claim year 2020,”.
Amendments to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 20153.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““claim year” has the meaning given in section 1(7) of the Direct Payments to Farmers (Legislative Continuity) Act 20206,”,
(b)
“(1A)
References in these Regulations to the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation are, to the extent that they relate to direct payments for claim year 2020, references to those Regulations as they exist in domestic law.”.
(3)
In regulation 4 (minimum eligible area of holding), omit “(b) and (2)”.
(4)
In regulation 7 (short rotation coppice), omit “and (2)(c)”.
(5)
In regulation 14(1) (windfall profit), after “Delegated Regulation” insert “, as those Regulations had effect immediately before exit day”.
(6)
In regulation 17(1) (permanent grassland), after “Direct Payments Regulation” insert “, as it had effect immediately before exit day”.
(7)
In regulation 19 (powers of authorised persons), at the beginning of paragraph (5)(b) insert “except for matters relating to direct payments for claim year 2020, ”.
(8)
In regulation 23 (recovery of undue payments)—
(a)
in paragraph (2)(b), for “or the coordinating body” substitute “, the coordinating body, or, in respect of claim year 2020, the relevant authority”,
(b)
“(3)
In this regulation—
“the relevant authority” means the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers acting jointly; and
“the coordinating body” means the coordinating body referred to in regulation 3 of the Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 20147.”.
Amendments to the Rural Payments (Appeals) (Scotland) Regulations 20154.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““claim year” has the meaning given in section 1(7) of the Direct Payments to Farmers (Legislative Continuity) Act 20209,”,
(b)
“(1A)
References in these Regulations to the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation are, to the extent that they relate to direct payments for claim year 2020, references to those Regulations as they exist in domestic law.”.
(3)
“Transitional provision for decisions on or after exit day in respect of any direct payments claim year other than 202010A.
(1)
For the purposes of these Regulations, a “relevant decision” includes a decision made—
(a)
on or after exit day,
(b)
in respect of any claim year other than the claim year 2020, and
(c)
in accordance with any EU legislation governing the CAP direct payments schemes specified in any of the paragraphs of the Schedule, so far as that EU legislation had effect immediately before exit day.
(2)
In this regulation—
“EU legislation governing the CAP direct payments schemes” means the EU legislation listed in section 1(3) of the Direct Payments to Farmers (Legislative Continuity) Act 202010.”.
St Andrew’s House,
Edinburgh
These Regulations are made in exercise of the powers conferred by section 3(3)(a) and (9) of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c.2) in order to address failures of retained EU law governing the CAP direct payments scheme for the claim year 2020 and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.
These Regulations make amendments to legislation which relate to the direct payments scheme for the claim year 2020 (which runs from 1 January 2020 to 31 December 2020).
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.