The Agriculture (Financial Assistance) Regulations 2021

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations, which apply to England only, are made under the Agriculture Act 2020 (c.21). The Secretary of State has the power to give financial assistance to farmers, foresters and other beneficiaries responsible for the management of land for purposes listed in section 1(1) and (2) of that Act. Such purposes include, but are not limited to, environmental protection and enhancement, public access to the countryside and measures to safeguard livestock and plants.

These Regulations make provision for the award of financial assistance under four financial assistance schemes:

• the environmental land management pilot scheme,

• the countryside stewardship scheme,

• the farming investment fund scheme, and

• the tree health pilot scheme (together referred to as “the schemes”).

Regulation 3 places an obligation on the Secretary of State to check that any person applying for financial assistance under one of the schemes meets the eligibility criteria for that scheme. Regulations 4 and 5 enable the Secretary of State to request additional information in support of an application and allow defects to be corrected by the applicant. Under regulation 6 the Secretary of State must refuse to award financial assistance under a financial assistance scheme if certain conditions are not met. If the Secretary of State refuses to award financial assistance, the applicant has the right to apply for a reconsideration of that decision under regulation 30.

Regulation 7 makes provision for payments of financial assistance under the environmental land management pilot scheme. Regulation 8 makes provision for payments of financial assistance under the countryside stewardship scheme, the farming investment fund scheme and the tree health pilot scheme.

Regulation 9 imposes a duty on an agreement holder receiving financial assistance under the schemes to provide information or evidence to the Secretary of State on request for the checking and monitoring of conditions imposed under the agreement for financial assistance. Regulation 10 requires an agreement holder to provide to the Secretary of State on request copies of records kept under the agreement.

Regulation 11 requires the agreement holder to notify the Secretary of State of relevant changes in circumstances, and enables the Secretary of State to take certain steps as a result. Regulation 12 makes provision for the transfer of agreements provided certain conditions are met.

Regulation 13 requires the Secretary of State to ensure that certain information is published in relation to financial assistance which has been given under the schemes. Regulation 14 requires the publication of aggregated data in relation to (a) payments under the countryside stewardship scheme, the environmental land management pilot scheme and the farming investment fund scheme which fall below a minimum threshold, and (b) payments under the tree health pilot scheme.

Regulations 15 and 16 enable the Secretary of State to carry out virtual or physical inspections for the purposes of verifying that a person entitled to financial assistance under the schemes is complying with the conditions of their agreement. Regulations 17, 18 and 19 provide powers of entry and inspection to enforce compliance with the conditions of scheme agreements.

Regulation 20 identifies the circumstances which amount to a breach of these Regulations. Regulations 21 and 22 make provision for the Secretary of State to investigate breaches of these Regulations, breaches of any conditions subject to which financial assistance is given and other offences where they are relevant to the receipt of financial assistance. Under regulation 23, the Secretary of State must make a determination if satisfied that a breach of conditions has occurred or that regulation 20 applies. Regulation 24 specifies the steps that may be taken by the Secretary of State where there has been such a determination, including the withholding of financial assistance, recovering financial assistance previously awarded and prohibiting a person from receiving financial assistance under any scheme for up to two years. Under regulation 25, the Secretary of State may choose not to take steps if there is a good reason for a breach of conditions.

Regulations 27 to 29 provide further information on some of the steps the Secretary of State may require to be taken under regulation 24.

Regulation 30 makes provision for a person to request that the Secretary of State reconsider a decision or determination under regulation 6(2)(b), 11(3)(b) or 26(b). Regulation 31 makes provision for a subsequent appeal to the Secretary of State.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.