Agriculture Act 2020

9 Power to modify legislation governing the basic payment scheme

(1) The Secretary of State may by regulations modify legislation governing the basic payment scheme, so far as it operates in relation to England, for or in connection with making changes the Secretary of State considers would serve any one or more of the following purposes—

(a) simplifying the administration of the scheme or otherwise making its operation more efficient or effective;

(b) removing provisions which are spent or of no practical utility;

(c) removing or reducing burdens, or the overall burdens, on persons applying for, or entitled to, direct payments under the scheme or otherwise improving the way that the scheme operates in relation to them;

(d) securing that any sanction or penalty imposed under the scheme is appropriate and proportionate;

(e) limiting the application of the scheme to land in England only.

(2) The provision which may be made under subsection (1) includes provision made for or in connection with terminating greening payments in relation to England before the end of the agricultural transition period for England so long as that provision does not reduce the amount of a direct payment to which a person would have been entitled had the provision not been made.

(3) In this section, “burden” includes—

(a) a financial cost;

(b) an administrative inconvenience;

(c) an obstacle to efficiency, productivity or profitability.

(4) Regulations under this section are subject to negative resolution procedure (unless section 50(5) applies).