PART 2CAP Horizontal Legislation

The Agriculture (Legislative Functions) (EU Exit) Regulations 201910

1

The Agriculture (Legislative Functions) (EU Exit) Regulations 201918 are amended as follows.

2

In regulation 3—

a

for “point (o)” substitute “point (l)”;

b

for the substituted text substitute—

m

‘appropriate authority’ means:

i

subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;

ii

the Secretary of State:

aa

in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;

bb

in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;

cc

in relation to Scotland, if consent is given by the Scottish Ministers;

dd

in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;

For the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:

i

in relation to Wales, Senedd Cymru, if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006);

ii

in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

iii

in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).

3

In regulation 5, before sub-paragraph (a) insert—

za

for the heading substitute—

Powers

4

Omit regulations 7 and 8.

5

For regulation 12 substitute—

12

In Article 62—

a

for the heading substitute—

Powers as regards checks

b

in paragraph 2—

i

for “Commission shall adopt implementing acts” substitute “appropriate authority may make regulations”;

ii

in point (a)—

aa

for “Member States” substitute “relevant authority”;

bb

omit the words from “resulting” to the end;

iii

omit points (e) and (f);

iv

omit the second subparagraph.

6

In regulation 13, after sub-paragraph (b)(i) insert—

ia

in point (b), omit “in respect of unduly allocated payment entitlements and”.

7

In regulation 17—

a

after sub-paragraph (a)(ii) insert—

iia

in point (a), omit the words from “, in addition to those” to the end;

b

after sub-paragraph (b)(i) insert—

ia

omit point (b);

8

In regulation 18, after sub-paragraph (a)(i) insert—

ia

for “paragraphs 5 and 6” substitute “paragraph 5”;

9

In regulation 19, for sub-paragraph (b) substitute—

b

in point (b)—

i

omit “and applications for payment entitlements,”;

ii

for the words from “Member” to the end substitute “for the application of simplified procedures or correction of obvious errors”;

10

In regulation 27, in the substituted text—

a

omit paragraphs 2 and 7 of Article 115A;

b

omit paragraph 6 of Article 115B;

c

omit paragraph 6 of Article 115C;

d

omit paragraph 6 of Article 115D.

11

Omit Part 3.