Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title

TITLE VIII U.K. FINAL PROVISIONS

[F1 Article 115 U.K. Regulations: general

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.]

Textual Amendments

F1 Arts. 115-115D substituted for Art. 115 (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(2); and Arts. 115-115D substituted for Art. 115 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 27 (as amended by S.I. 2020/1445, regs. 1(2)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[F1 Article 115A U.K. Regulations: the Secretary of State

1. Except as specified in paragraphs 2 to 6, 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.

F2 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. A statutory instrument containing regulations made by the Secretary of State under Article 75(3) must be laid before Parliament after being made.

4. Regulations made by the Secretary of State under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by resolution of each House of Parliament.

5. In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which:

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than 4 days.

6. If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F1 Arts. 115-115D substituted for Art. 115 (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(2); and Arts. 115-115D substituted for Art. 115 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 27 (as amended by S.I. 2020/1445, regs. 1(2)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 115A(2) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(6)

[F1 Article 115B U.K. Regulations: the Welsh Ministers

1. Except as specified in paragraphs 2 to 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.

2. A statutory instrument containing regulations made by the Welsh Ministers under Article 75(3) must be laid before the National Assembly for Wales after being made.

3. Regulations made by the Welsh Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

4. In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the National Assembly for Wales:

(a) is dissolved, or

(b) in recess for more than 4 days.

5. If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F1 Arts. 115-115D substituted for Art. 115 (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(2); and Arts. 115-115D substituted for Art. 115 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 27 (as amended by S.I. 2020/1445, regs. 1(2)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[F1 Article 115C U.K. Regulations: the Scottish Ministers

1. Except as specified in paragraphs 2 to 5, 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).

2. Regulations made by the Scottish Ministers under Article 75(3) must be laid before the Scottish Parliament after being made.

3. Regulations made by the Scottish Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

4. In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the Scottish Parliament is:

(a) dissolved, or

(b) in recess for more than 4 days.

5. If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F1 Arts. 115-115D substituted for Art. 115 (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(2); and Arts. 115-115D substituted for Art. 115 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 27 (as amended by S.I. 2020/1445, regs. 1(2)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[F1 Article 115D U.K. Regulations: Northern Ireland

1. Except as specified in paragraphs 2 to 5, regulations made by the Department of Agriculture, Environment and Rural Affairs (“the Department”) 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.

2. Regulations made by the Department under Article 75(3) must be laid before the Northern Ireland Assembly after being made.

3. Regulations made by the Department under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

4. In calculating the period of 28 days for the purpose of paragraph 3, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a) dissolved,

(b) in recess for more than 4 days, or

(c) adjourned for more than 6 days.

5. If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F1 Arts. 115-115D substituted for Art. 115 (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(2); and Arts. 115-115D substituted for Art. 115 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 27 (as amended by S.I. 2020/1445, regs. 1(2)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Article 116 U.K. Committee procedure

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

Textual Amendments

F3 Art. 116 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(3); and Art. 116 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 117 U.K. Processing and protection of personal data

1. [F4 The relevant authority] shall collect personal data for the purpose of carrying out their respective management, control, audit as well as monitoring and evaluation obligations under this Regulation and, in particular, those laid down in Chapter II of Title II, Title III, Chapters III and IV of Title IV, [F5 and] Titles V and VI F6 ..., as well as for statistical purposes, and shall not process this data in a way that is incompatible with that purpose.

2. Where personal data are processed F7 ... for statistical purposes, they shall be made anonymous and processed in aggregated form only.

3. Personal data shall be processed in accordance with the rules of [F8 Regulation (EU) No 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which enables data subjects to be identified for longer than is necessary for the purposes for which those data were collected or for which they are further processed, taking into account the minimum retention periods laid down in the applicable F9 ... law.

4. [F10 The relevant authority] shall inform the data subjects that their personal data may be processed by national F11 ... bodies in accordance with paragraph 1 and that in this respect they enjoy the rights set out in the respective data protection rules of [F12 Regulation (EU) No 2016/679 and the Data Protection Act 2018].

5. This Article shall be subject to Articles 111 to 114.

Textual Amendments

F4 Words in Art. 117(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(a)(i); and words in Art. 117(1) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 117(1) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 117(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(a)(ii); and words in Art. 117(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(a)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 117(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(b); and words in Art. 117(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 117(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(c)(i); and words in Art. 117(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 117(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(c)(ii); and words in Art. 117(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 117(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(d)(i); and words in Art. 117(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 117(4) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(d)(ii); and words in Art. 117(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 117(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(d)(iii); and words in Art. 117(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Article 118 U.K. Level of implementation

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

Textual Amendments

F13 Art. 118 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(5); and Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Article 119 U.K. Repeal

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

Textual Amendments

F14 Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Article 119a U.K. Derogation from Regulation (EU) No 966/2012

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

Textual Amendments

F14 Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Article 120 U.K. Transitional measures

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

Textual Amendments

F15 Arts. 120, 121 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(6); and Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Article 121 U.K. Entry into force and application

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

Textual Amendments

F16 Arts. 120, 121 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(6); and Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)