The Agriculture (Legislative Functions) (EU Exit) Regulations 2019

PART 4 U.K. Amendments to Rural Development Regulations

Amendment of Regulation (EU) No 1305/2013 U.K.

49.  Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development is amended in accordance with regulations 50 to 72.

Commencement Information

I1 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

50.  In Article 2—

(a) in paragraph 1, after point (u) M1 insert—

“(v) ‘appropriate authority’ means—

(i) the relevant authority for the constituent nation in which the regulations apply, or

(ii) the Secretary of State:

(aa) in relation to regulations applying in Scotland, if consent is given by the Scottish Ministers;

(bb) in relation to regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”;

(b) in paragraph 3, for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I2 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 Article 2(1) of Regulation (EU) No. 1305/2013 is amended to insert new points by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/XXXX).

51.  For Article 8(3) substitute—

“3.   The appropriate authority may make regulations laying down rules for the presentation of the elements described in paragraph 1 in rural development programmes.”.

Commencement Information

I3 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

52.  For Article 11 substitute—

“Article 11 U.K. Amendment of rural development programmes

The appropriate authority may make regulations to supplement or amend Commission Implementing Decision C(2015) 855, Commission Implementing Decision C(2015) 3488, Commission Implementing Decision C(2015) 3489 or Commission Implementing Decision C(2015) 6018 as applicable M2 for the purpose of amending programmes concerning one or more of the following:

(a) a change in the:

(i) programme strategy through a change of more than 50% in the quantified target linked to a focus area;

(ii) contribution rate of one or more measures;

(iii) annual distribution of the contribution at programme level;

(b) the introduction or withdrawal of measures or other types of operations;

(c) transfer of funds between measures.”.

Commencement Information

I4 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 The Commission Implementing Decisions listed apply to England, Wales, Scotland and Northern Ireland respectively.

53.  For Article 12 substitute—

“Article 12 U.K. Rules on amendments

The appropriate authority may make regulations setting the frequency of amendments that may be made during the programming period.”.

Commencement Information

I5 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

54.  In Article 14—

(a) in paragraph 5—

(i) omit “Union”;

(ii) from the words “Commission” to “Article 83” substitute “appropriate authority may make regulations”;

(b) in paragraph 6—

(i) in the first subparagraph, for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

Commencement Information

I6 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

55.  In Article 16(5)—

(a) for “Union law” substitute “ statutory requirements ”;

(b) for “Union instruments” substitute “ EU-derived domestic legislation or retained direct EU legislation ”;

(c) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”;

(d) omit “Union” in the third place it occurs.

Commencement Information

I7 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

56.  In Article 19(8)—

(a) for “EAFRD resources” substitute “ support for rural development ”;

(b) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”;

(c) omit “by Member states”.

Commencement Information

I8 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

57.  In Article 22(3), for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I9 Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

58.  In Article 28—

(a) in paragraph 10—

(i) omit “Union”;

(ii) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 11, for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I10 Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

59.  In Article 29(6), for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I11 Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

60.  In Article 30(8), for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I12 Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

61.  In Article 33(4)—

(a) omit “Union”;

(b) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I13 Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

62.  In Article 34(5)—

(a) for “EAFRD budgetary resources” substitute “ support for rural development ”;

(b) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I14 Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

63.  In Article 35(10)—

(a) for “EAFRD budgetary resources” substitute “ support for rural development ”;

(b) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I15 Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

64.  In Article 36(5)—

(a) for “EAFRD budgetary resource” substitute “ support for rural development ”;

(b) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I16 Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

65.  in Article 41—

(a) In the first paragraph—

(i) for the words from “Commission” to “acts” substitute “ the appropriate authority may make regulations ”;

(ii) in point (b), for “Member State” substitute “ Managing Authority ”;

(b) omit the second paragraph.

Commencement Information

I17 Reg. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

66.  In Article 45(6), for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I18 Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

67.  In Article 47(6)—

(a) for “secure the financial interests of the Union” substitute “ proper management of public money ”;

(b) for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ”.

Commencement Information

I19 Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

68.  In Article 58—

(a) in paragraph 7, for the words from “Commission” to “Article 83” substitute “ Secretary of State may make regulations ”;

(b) after paragraph 7 insert—

“7A.   The Secretary of State may not make regulations under paragraph 7 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 7, the Secretary of State must have regard to that request.”.

Commencement Information

I20 Reg. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

69.  For Article 67 substitute—

“Article 67 U.K. Monitoring and evaluation system

The appropriate authority may make regulations setting out a monitoring and evaluation system.”.

Commencement Information

I21 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

70.  In Article 75(5)—

(a) for the words from “Commission” to “acts” substitute “ appropriate authority may make regulations ”;

(b) omit the last sentence.

Commencement Information

I22 Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

71.  For Article 76(1) substitute—

“1.   The appropriate authority may make regulations establishing the minimum requirements for the evaluation plan referred to in Article 56 of Regulation (EU) No. 1303/2013.”.

Commencement Information

I23 Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

72.  For Articles 83 and 84 substitute—

“Article 83 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4.   Regulations under this Regulation may:

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

5.   Before making any regulations under this Regulation, the person or Department making the regulations must consult:

(a) such bodies or persons as appear to the person or Department to be representative of the interests likely to be substantially affected by the regulations, and

(b) such other bodies or persons as the person or Department may consider appropriate.

Article 84 U.K. Regulations: parliamentary procedure

1.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

3.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

4.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.”.

Commencement Information

I24 Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EU) No 1303/2013 U.K.

73.  Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 M3 is amended in accordance with regulations 74 to 86.

Commencement Information

I25 Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 S.I. 2019/XXX

74.  In Article 2 M4 , at the end insert—

“(47) ‘appropriate authority’ means:

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to regulations which relate to rural development:

(i) subject to point (ii):

(aa) insofar as the regulations apply in England, the Secretary of State;

(bb) insofar as the regulations apply in Wales, the Welsh Ministers;

(cc) insofar as the regulations apply in Scotland, the Scottish Ministers;

(dd) insofar as the regulations apply in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs, or

(ii) the Secretary of State:

(aa) for regulations applying in Scotland, if consent is given by the Scottish Ministers;

(bb) for regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.

F2 (48) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F1 Words in reg. 74 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 14(a)

F2 Words in reg. 74 omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 14(b)

Commencement Information

I26 Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/XXXX) amend Article 2 of Regulation (EU) No. 1303/2013 to insert new subparagraphs (including a definition of “relevant authority”).

75.  Omit Article 5(3).

Commencement Information

I27 Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

76.  In Article 8, for the third paragraph substitute—

“The appropriate authority may make regulations setting out uniform conditions for support for rural development for the application of the methodology referred to in the second paragraph.”.

Commencement Information

I28 Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

77.  For Article 37(13) substitute—

“13.   The appropriate authority may make regulations in relation to support for rural development laying down additional specific rules on the purchase of land and on combining technical support with financial instruments.”.

Commencement Information

I29 Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

78.  In Article 38—

(a) in paragraph 3, in the second subparagraph—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations in relation to support for rural development ”;

(ii) omit the second sentence;

(b) in paragraph 4, omit the final subparagraph;

(c) in paragraph 10—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations in relation to support for rural development ”;

(ii) omit the second sentence.

Commencement Information

I30 Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

79.  In Article 41(3), for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations in relation to support for rural development ”.

Commencement Information

I31 Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

80.  In Article 42—

(a) in paragraph 1, in the second subparagraph, for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations in relation to support for rural development ”;

(b) in paragraph 5, for “the delegated act referred to in” substitute “ legislation made under ”;

(c) in paragraph 6, for the words from “Commission” to “Article 149” substitute “appropriate authority may make regulations in relation to support for rural development.

Commencement Information

I32 Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

81.  In Article 61(3)—

(a) in the second subparagraph, for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”;

(b) omit the third subparagraph;

(c) in the fourth subparagraph—

(i) for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”;

(ii) for “supported by the ESI funds” substitute “ funded by support for rural development ”;

(d) in the sixth subparagraph, for the words from “the adoption” to “subparagraphs” substitute “ legislation in accordance with the fourth subparagraph ”;

(e) in the seventh subparagraph, for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”.

Commencement Information

I33 Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

82.  In Article 63—

(a) in paragraph 4, for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 5, for “a delegated act adopted” substitute “ regulations made ”.

Commencement Information

I34 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

83.  In Article 64(4), for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”.

Commencement Information

I35 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

84.  In Article 67—

(a) in paragraph 1(e), for “the delegated act adopted in accordance with” substitute “ legislation made under ”;

(b) in paragraph 5a, for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”.

Commencement Information

I36 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

85.  In Article 68, in the second subparagraph, for the words from “Commission” to “Article 149” substitute “ appropriate authority may make regulations ”.

Commencement Information

I37 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

86.  For Articles 149 and 150 substitute—

“Article 149 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8.   Regulations under this Regulation may:

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

9.   Before making any regulations under this Regulation, the person or Department making the regulations must consult:

(a) such bodies or persons as appear to the person or Department to be representative of the interests likely to be substantially affected by the regulations, and

(b) such other bodies or persons as the person or Department may consider appropriate.”.

Commencement Information

I38 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1