The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Regulation 16

SCHEDULE 3 Revocations and Saving

PART 1 Revocation of retained direct EU legislation governing the basic payment scheme in England

1.  Subject to the saving specified in Part 2, the instruments listed in column 1 of Table 1 and column 1 of Table 2 (which collectively established the rules for direct payments to farmers under support schemes within the framework of the common agricultural policy) are revoked, in relation to England only, to the extent specified in the corresponding entry in column 2 of each of those tables.

Table 1

Revocation of specified retained direct EU legislation governing the basic payment scheme in England

	Legislation to be revoked	Extent of revocation
1.	Regulation (EU) No1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009.	The whole Regulation in so far as it applies in relation to England.
2.	Commission Delegated Regulation (EU) No639/2014 of 11 March 2014 supplementing Regulation (EU) No1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex 10 to that Regulation(1).	The whole Regulation in so far as it applies in relation to England.
3.	Commission Implementing Regulation (EU)641/2014 of 16 June 2014 laying down rules for the application of Regulation (EU) No1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy(2).	The whole Regulation in so far as it applies in relation to England.

Table 2

Revocation of specified domestic secondary legislation governing the basic payment scheme in England

	Legislation to be revoked	Extent of revocation
1.	The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014(3).	The whole of the Regulations.
2.	The Common Agricultural Policy (Amendment) Regulations 2015(4).	The whole of the Regulations in so far as they apply in relation to England.
3.	The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015(5).	Part 2 of the Regulations.
4.	The Common Agricultural Policy Basic Payment and Support Schemes (England) (Amendment) Regulations 2017(6).	The whole of the Regulations.
5.	The Common Agricultural Policy Basic Payment and Support Schemes (England) (Amendment) Regulations 2018(7).	The whole of the Regulations.
6.	The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020(8).	The whole of the Regulations in so far as they apply in relation to England.
7.	The Rules for Direct Payments to Farmers (Amendment) Regulations 2020(9).	The whole of the Regulations in so far as they apply in relation to England.
8.	The Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020(10).	The whole of the Regulations.
9.	The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Coronavirus) (Amendment) (England) Regulations 2020(11).	The whole of the Regulations.
10.	The Direct Payments to Farmers (Application Deadlines) (Coronavirus) (Amendment) (England) Regulations 2020(12).	The whole of the Regulations.
11.	The Direct Payments Penalty Simplification (England) Regulations 2020(13).	The whole of the Regulations.
12.	The Direct Payments to Farmers (Inspections) (Coronavirus) (England) Regulations 2020(14).	The whole of the Regulations.
13.	The Direct Payments to Farmers (Amendment) Regulations 2020(15).	The whole of the Regulations in so far as they apply in relation to England.
14.	The Direct Payments Ceilings Regulations 2020(16).	The whole of the Regulations.
15.	The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020(17).	The whole of the Regulations.
16.	The Direct Payments to Farmers (England) (Amendment) Regulations 2020(18).	The whole of the Regulations.
17.	The Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021(19).	The whole of the Regulations.
18.	The Direct Payments to Farmers (Inspections) (England) Regulations 2021(20).	The whole of the Regulations.
19.	The Direct Payments to Farmers (Allocation of Payment Entitlements from the National Reserve) (England) Regulations 2022(21).	The whole of the Regulations.
20.	The Direct Payments to Farmers (Reductions) (England) Regulations 2022(22).	The whole of the Regulations.
21.	The Direct Payments to Farmers (Advanced Payments and Activation of Payment Entitlements) (Amendment) (England) Regulations 2022(23).	The whole of the Regulations.
22.	The Direct Payments to Farmers (Reductions) (England) Regulations 2023(24).	The whole of the Regulations.
23.	The Direct Payments to Farmers (Eligible Hectares and Afforested Areas) (Amendment) (England) Regulations 2023(25).	The whole of the Regulations.

PART 2 Saving

2.  The provisions revoked by Part 1, notwithstanding that revocation, continue to have effect, in relation to England only, in so far as is necessary for the purposes of finally determining any outstanding rights to, and liabilities arising in respect of applications for, direct payments under the basic payment scheme in England made in respect of a claim year ending on or before 31st December 2023.

(1)

EUR 2014/639, to which there are amendments not relevant to these Regulations. This instrument was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.

(2)

EUR 2014/641, to which there are amendments not relevant to these Regulations. This instrument was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.

(3)

S.I. 2014/3259, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2015/1325.

(5)

S.I. 2015/1997.

(6)

S.I. 2017/1198, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2018/1026.

(8)

S.I. 2020/90, to which there are amendments not relevant to these Regulations.

(9)

S.I. 2020/91.

(10)

S.I. 2020/475.

(11)

S.I. 2020/477.

(12)

S.I. 2020/510.

(13)

S.I. 2020/551.

(14)

S.I. 2020/575.

(15)

S.I. 2020/576.

(16)

S.I, 2020/760.

(17)

S.I. 2020/1387.

(18)

S.I. 2020/1513.

(19)

S.I. 2021/407.

(20)

S.I. 2021/1057.

(21)

S.I. 2022/200.

(22)

S.I. 2022/407.

(23)

S.I. 2022/706.

(24)

S.I. 2023/456.

(25)

S.I. 2023/718.