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TITLE IXU.K.F1... COMMON PROVISIONS AND TRANSITIONAL AND FINAL PROVISIONS

CHAPTER IU.K.[F2Commission powers][F2Powers]

[F3Article 83U.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.]

[F4Article 84U.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.]

Textual Amendments

F2Title 9 Ch. 1 heading substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(49)

CHAPTER IIU.K.Common provisions

F5Article 85U.K.Exchange of information and documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 86U.K.Processing and protection of personal data

1.[F6The relevant authority]F7... shall collect personal data for the purpose of carrying out their [F8respective] management control, monitoring and evaluation obligations under this Regulation, and in particular those laid down in Titles VI and VII, and shall not process this data in a way which is incompatible with this purpose.

2.[F9Where personal data are processed for monitoring and evaluation purposes under Title VII using the secure electronic system referred to in Article 85, they shall be made anonymous, and processed in aggregated form only.]

3.Personal data shall be processed in accordance with the rules of [F10Directive 95/46/EC and Regulation (EC) No 45/2001][F10Regulation (EU) No 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account the minimum retention periods laid down in the [F11law as it applies in the constituent nation].

4.[F6The relevant authority] shall inform the data subjects that their personal data may be processed by [F12public] bodies in accordance with paragraph 1 and that in this respect they enjoy the rights set out in the data protection rules of, respectively, [F13Directive 95/46/EC and Regulation (EC) No 45/2001][F13Regulation (EU) No 2016/679 and the Data Protection Act 2018].

5.Articles 111 to 114 in Regulation(EU) 1306/2013 shall apply to this Article.

Textual Amendments

F8Word in Art. 86(1) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(50)(a)

F9Art. 86(2) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(50)(b)

Article 87U.K.General CAP provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

CHAPTER IIIU.K.Transitional and final provisions

[F14Article 88U.K.Regulation (EC) No 1698/2005

Regulation (EC) No 1698/2005 is repealed.

Regulation (EC) No 1698/2005 shall continue to apply to operations implemented pursuant to programmes approved by the Commission under that Regulation before 1 January 2014.]

Textual Amendments

F14Arts. 88-90 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(51)

[F14Article 89U.K.Transitional provisions

In order to facilitate the transition from the system established by Regulation (EC) No 1698/2005 to the system established by this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 83, laying down the conditions under which support approved by the Commission under Regulation (EC) No 1698/2005 may be integrated into support provided for under this Regulation, including for technical assistance and for the ex-post evaluations. Those delegated acts may also provide conditions for the transition from rural development support for Croatia under Regulation (EC) No 1085/2006 to support provided for under this Regulation.]

Textual Amendments

F14Arts. 88-90 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(51)

[F14Article 90U.K.Entry into force and application

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2014.]

Textual Amendments

F14Arts. 88-90 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(51)