The Rural Development (Scotland) Regulations 2015

Regulation 22(1)

[F1 SCHEDULE 1] S Revocations

Textual Amendments

F1 Sch. renumbered as sch. 1 (26.9.2019) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/209), regs. 1(1)(a), 2(3)

Commencement Information

I1 Sch. in force at 12.6.2015, see reg. 1(1)

• The Agricultural Processing, Marketing and Co-operation Grants (Scotland) Regulations 2008(1);

• The Leader Grants (Scotland) Regulations 2008(2);

• The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008(3);

• The Forestry Challenge Funds (Scotland) Regulations 2008(4);

• The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008(5);

• The Land Managers Skills Development Grants (Scotland) Regulations 2008(6);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2008(7);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2009(8);

• The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2009(9);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 2) Regulations 2009(10);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 3) Regulations 2009(11);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 4) Regulations 2009(12);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2010(13);

• The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2011(14);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011(15);

• The Rural Development Support Measures (Control Procedures and Miscellaneous Amendments) (Scotland) Regulations 2011(16);

• The Leader Grants (Scotland) Amendment Regulations 2012(17);

• The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2012(18); and

• The Rural Development Contracts (Land Managers Options) (Scotland) Amendment Regulations 2013(19).

Regulation 22(3)

[F2 SCHEDULE 2 S Amendments for the purpose of the application of regulation 22(2)

Textual Amendments

F2 Sch. 2 inserted (26.9.2019) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/209), regs. 1(1)(a), 2(4)

The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 S

1.— (1) In regulation 2(1) (interpretation)—

(a) in the definition of “Commission Regulation 1974/2006”—

(i) omit “, as amended by Commission Regulations (EC) No. 434/2007 and (EC) 1236/2007”,

(ii) at the end insert “ , as last amended by Commission Implementing Regulation (EU) No 335/2013 F3 ”,

(b) in the definition of “Commission Regulation 1122/2009”, at the end insert “ , as last amended by Commission Regulation (EU) No 426/2013 F4 ”,

(c) in the definition of “Commission Regulation 65/2011”, at the end insert “ , as last amended by Commission Implementing Regulation (EU) No 937/2012 F5 ”,

(d) in the definition of “Council Regulation 1698/2005”, at the end insert “ , as last amended by Regulation (EU) No 1312/2011 F6 ”,

(e) in the definition of “Council Regulation 73/2009”, at the end insert “ , as last amended by Commission Delegated Regulation (EU) No 994/2014 F7 ”,

(f) after the definition of “Crofting Commission”, insert—

““Cross-Compliance Regulations” means the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014 F8 ,”,

(g) after the definition of “regional priorities”, insert—

““Regulation (EU) No 1306/2013” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, as amended from time to time,”.

(2) In regulation 9(5) (undertakings)—

(a) in sub-paragraph (a), at the end insert “ or Article 93 and Annex II of Regulation (EU) No 1306/2013 ”,

(b) in sub-paragraph (b), at the end insert “ or regulation 3(2) and the schedule of the Cross-Compliance Regulations ”.

(3) In regulation 12(3)(a) (claims and payment)—

(a) in head (i), after “the IACS Regulations” insert “ or regulation 6 of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 F9 ”,

(b) for head (ii), substitute—

“(ii) contain the information specified in—

(aa) Article 12 of Commission Regulation 1122/2009, or

(bb) Article 14 of Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance, as amended from time to time,

in relation to single applications, and”,

(c) for head (iii), substitute—

“(iii) specify the unique identification number for each reference parcel of land under or compatible with the identification system for agricultural parcels referred to in—

(aa) Article 17 of Council Regulation 73/2009 and Article 6 of Commission Regulation 1122/2009, or

(bb) Article 70 of Regulation (EU) No 1306/2013 and Article 5 of Commission Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance, as that Commission Delegated Regulation is amended from time to time, and”.

(4) In regulation 14(4) (powers of authorised persons), after “2004” insert “ or regulation 5(4) of the Cross-Compliance Regulations ”.

Textual Amendments

F3 OJ L 105, 13.4.2013, p.1. Commission Regulation 1974/2006 was repealed subject to savings by Commission Delegated Regulation (EU) No 807/2014 (OJ L 227, 31.7.2014, p.1).

F4 OJ L 127, 9.5.2013, p.17. Commission Regulation 1122/2009 was repealed subject to savings by Commission Delegated Regulation (EU) No 640/2014 (OJ L 181, 20.6.2014, p.48).

F5 OJ L 280, 13.10.2012, p.1. Commission Regulation 65/2011 was repealed subject to savings by Commission Delegated Regulation (EU) No 640/2014 (OJ L 181, 20.6.2014, p.48).

F6 OJ L 339, 21.12.2011, p.1. Council Regulation 1698/2005 was repealed subject to savings by Regulation (EU) No 1305/2013 (OJ L 347, 20.12.2013, p.487).

F7 OJ L 280, 24.9.2014, p.1. Council Regulation 73/2009 was repealed by Regulation (EU) No 1307/2013 (OJ L 347, 20.12.2013, p.608).

F8 S.S.I. 2014/325, relevant amending instruments are S.S.I. 2015/58, S.S.I. 2015/215, S.S.I. 2018/122 and S.S.I. 2019/60.

F9 S.S.I. 2015/58, relevant amending instruments are S.S.I. 2015/215 and S.S.I. 2016/178.

The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 S

2.— (1) In regulation 2(1) (interpretation)—

(a) in the definition of “Commission Regulation 1122/2009”, at the end insert “ , as last amended by Commission Regulation (EU) No 426/2013 ”,

(b) in the definition of “Commission Regulation 1974/2006”—

(i) omit “as amended by Commission Regulations (EC) No. 434/2007 and (EC) No. 1236/2007”,

(ii) at the end insert “ , as last amended by Commission Implementing Regulation (EU) No 335/2013 ”,

(c) in the definition of “Commission Regulation 65/2011”, at the end insert “ , as last amended by Commission Implementing Regulation (EU) No 937/2012 ”,

(d) in the definition of “Council Regulation 1698/2005”, at the end insert “ , as last amended by Regulation (EU) No 1312/2011 ”,

(e) in the definition of “Council Regulation 73/2009”, at the end insert “ , as last amended by Commission Delegated Regulation (EU) No 994/2014 ”,

(f) after the definition of “Crofting Commission”, insert—

““Cross-Compliance Regulations” means the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014,”,

(g) after the definition of “landlord”, insert—

““Regulation (EU) No 1306/2013” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, as amended from time to time,”.

(2) In regulation 5 (maximum amount of aid payable), for “Article 19” to “table:” substitute—

“(a) Article 19 of Council Regulation 73/2009 and Article 12(1)(d) of Commission Regulation 1122/2009, or

(b) Article 72 of Regulation (EU) No 1306/2013 and Article 14(1)(d) of Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance, as that Commission Implementing Regulation is amended from time to time,

as set out in the following table:”.

(3) In regulation 10(5) (undertakings)—

(a) in sub-paragraph (a), after “Council Regulation 73/2009” insert “ or Article 93 and Annex II of Regulation (EU) No 1306/2013 ”,

(b) in sub-paragraph (b), after “2004” insert “ or regulation 3(2) and the schedule of the Cross-Compliance Regulations ”.

(4) In regulation 13(4) (powers of authorised persons), after “2004” insert “ or regulation 5(4) of the Cross-Compliance Regulations ”.]

Regulation 22(3)

[F10 SCHEDULE 3 S Amendments for the purpose of the application of regulation 22(2) – in relation to withdrawal from the European Union

Textual Amendments

F10 Sch. 3 inserted (31.12.2020) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/209), regs. 1(1)(b), 4(4) (as amended by S.S.I. 2020/368, regs. 1(2), 5(3)); 2020 c. 1, Sch. 5 para. 1(1)

The Leader Grants (Scotland) Regulations 2008 S

1.— (1) In regulation 2(1) (interpretation), in the definition of “authorised person”—

(a) for “official of the Commission” substitute “ person ”,

(b) at the end insert “ in accordance with regulation 15(5) ”.

(2) In regulation 15 (powers of authorised persons)—

(a) in paragraph (1)(c), at the end insert “ as it had effect immediately before IP completion day”,

(b) for paragraph (5) substitute—

“(5) An authorised person entering any land under paragraph (1) may be accompanied by such other persons as the responsible body considers necessary for any of the purposes mentioned in paragraph (1).”,

(c) in paragraph (6) omit “(b)”.

The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 S

2.— (1) In regulation 2 (interpretation)—

(a) in paragraph (1), for “In these Regulations” substitute “ Subject to paragraphs (1A) and (1B), in these Regulations ”,

(b) after paragraph (1) insert—

“(1A) Any reference in the relevant provisions to Council Regulation 1698/2005, Commission Regulation 1974/2006 or Commission Regulation 65/2011 is a reference to those EU instruments to the extent that they continue to apply on or after IP completion day as construed in accordance with the Rural Development (Amendment) (EU Exit) Regulations 2019.

(1B) For the purposes of paragraph (1A) “relevant provisions” means any of the following provisions of these Regulations—

(a) regulation 10(2)(c),

(b) regulation 12(6),

(c) regulation 13(12),

(d) regulation 15(1)(c),

(e) regulation 17(4).”.

(2) In regulation 10(2)(c) (restrictions on approval of applications and payment of aid), for “Article 18, 21 or 30” substitute “ Article 18 or 21 ”.

(3) In regulation 14 (powers of authorised persons)—

(a) in paragraph (2)(d), at the end insert “ as it had effect immediately before IP completion day”,

(b) for paragraph (6) substitute—

“(6) An authorised person entering any land under paragraph (1) may be accompanied by such other person as the authorised person considers necessary, and paragraphs (3) and (4) apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.”.

(4) In schedule 2 (rural priorities options), in Part 1 (option, activities and eligibility conditions and rates of payment)—

(a) in the entry for option 13 (provision and upgrading of infrastructure related to access to farm and forest land, energy supplies and water management), in sub-paragraph (1)(b) of column 2, for “European Union” substitute “ United Kingdom ”,

(b) in the entry for option 63 (support for diversification out with agriculture), in sub-paragraph (1) of column 2, after “1974/2006” insert “ as it had effect immediately before IP completion day”.

The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 S

3.— (1) In regulation 2 (interpretation)—

(a) in paragraph (1), for “In these Regulations” substitute “ Subject to paragraphs (1A) and (1B), in these Regulations ”,

(b) after paragraph (1) insert—

“(1A) Any reference in the relevant provisions to Council Regulation 1698/2005, Commission Regulation 1974/2006 or Commission Regulation 65/2011 is a reference to those EU instruments to the extent that they continue to apply on or after IP completion day as construed in accordance with the Rural Development (Amendment) (EU Exit) Regulations 2019.

(1B) For the purposes of paragraph (1A) “relevant provisions” means any of the following provisions of these Regulations—

(a) regulation 7(2)(c),

(b) regulation 11(6),

(c) regulation 12(12),

(d) regulation 14(1)(c),

(e) regulation 16(4).”.

(2) In regulation 7(2)(c) (restrictions on acceptance of applications and payment of aid), for “Article 18, 21 or 30” substitute “ Article 18 or 21 ”.

(3) In regulation 13 (powers of authorised persons)—

(a) in paragraph (2)(d), at the end insert “ as it had effect immediately before IP completion day”,

(b) for paragraph (6) substitute—

“(6) An authorised person entering any land under paragraph (1) may be accompanied by such other person as the authorised person considers necessary, and paragraphs (3) and (4) apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.”.]

(1)

S.S.I. 2008/64, as amended by S.S.I. 2011/260 and S.I. 2011/1043.

(2)

S.S.I. 2008/66, as amended by S.S.I. 2011/260, S.I. 2011/1043 and S.S.I. 2012/182.

(3)

S.S.I. 2008/100, as amended by S.S.I. 2008/233, S.S.I. 2009/1, S.S.I. 2009/233, S.S.I. 2009/335, S.S.I. 2009/411, S.S.I. 2010/87, S.S.I. 2011/106, S.S.I. 2011/228, S.S.I. 2011/260, S.I. 2011/1043, S.S.I. 2012/215, S.S.I. 2012/307, S.S.I. 2012/360 and the Crofting Reform (Scotland) Act 2010 (asp 14), section 1(4).

(4)

S.S.I. 2008/135, as amended by S.S.I. 2011/260 and S.I. 2011/1043.

(5)

S.S.I. 2008/159, as amended by S.S.I. 2009/155, S.S.I. 2011/85, S.S.I. 2011/228, S.S.I. 2011/260, S.I. 2011/1043, S.S.I. 2012/360, S.S.I. 2013/309 and the Crofting Reform (Scotland) Act 2010 (asp 14), section 1(4).

(6)

S.S.I. 2008/162, as amended by S.S.I. 2011/260, S.I. 2011/1043 and S.S.I. 2015/153.

(7)

S.S.I. 2008/233.

(8)

S.S.I. 2009/1.

(9)

S.S.I. 2009/155.

(10)

S.S.I. 2009/233.

(11)

S.S.I. 2009/335.

(12)

S.S.I. 2009/411.

(13)

S.S.I. 2010/87.

(14)

S.S.I. 2011/85.

(15)

S.S.I. 2011/106.

(16)

S.S.I. 2011/260.

(17)

S.S.I. 2012/182.

(18)

S.S.I. 2012/307.

(19)

S.S.I. 2013/309.