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Scottish Statutory Instruments
Agriculture
Made
14th June 2022
Laid before the Scottish Parliament
16th June 2022
Coming into force
18th September 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 2 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020(1), and all other powers enabling them to do so.
1. These Regulations may be cited as the Rural Support (Simplification and Improvement) (Scotland) Regulations 2022 and come into force on 18 September 2022.
2. In Article 75(1)(a) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(2) omit “but not before 16 October”.
3. In regulation 3(1) of the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022(3) after “809/2014” insert “of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance”.
LORNA SLATER
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
14th June 2022
(This note is not part of the Regulations)
These Regulations amend Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (“the Horizontal Regulation”) and the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022.
Regulation 2 simplifies and improves the retained EU law relating to the operation of rural support schemes by amending the Horizontal Regulation to allow Scottish Ministers to begin making advance payments for direct payment schemes at a date in the calendar year earlier than 16 October.
Regulation 3 corrects a minor drafting error in the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022.
A Business and Regulatory Impact Assessment has been prepared. Copies may be obtained online at www.legislation.gov.uk.
EUR 2013/1306 (“the Horizontal Regulation”) was incorporated into domestic law on exit day by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), insofar as it relates to direct payment support. Insofar as it relates to agricultural support, the Horizontal Regulation was incorporated into domestic law on IP completion day by section 3 of the European Union (Withdrawal) Act 2018 (c. 16). Regulation 2 of S.I. 2020/1445 makes further provision in respect of the effect of the Horizontal Regulation on IP completion day. The Horizontal Regulation was relevantly amended by S.I. 2019/748, S.I. 2019/763, S.I. 2020/90, S.S.I. 2021/72 and S.S.I. 2022/107.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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