Amendment of Regulation (EU) No 1303/2013
74. In Article 2(1), at the end insert—
“(47) ‘appropriate authority’ means:
(a)in relation to regulations which relate to support under Regulation (EU) No 508/2014, the Secretary of State;
(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.
(48) Where the appropriate authority is the Secretary of State by virtue of paragraph (47)(a):
(a)the Secretary of State may not make regulations without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland, and
(b)where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations, the Secretary of State must have regard to that request.”.
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”).