The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

PART 3 S Amendment of secondary legislation relating to withdrawal from the European Union

The Marketing of Horticultural Produce (Scotland) Regulations 2009 S

3.  After regulation 24 (disapplication) of the Marketing of Horticultural Produce (Scotland) Regulations 2009 M1 insert—

“Transitional provisions: withdrawal from the EU

25.— (1) An authorised officer must not exercise the powers under regulation 8(1) in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a) relates to a product that was placed on the market before the end of the period of 21 months beginning on [F1 IP completion day], and

(b) would not have constituted a contravention of that Regulation as it applied immediately before [F1 IP completion day].

(2) Regulation 15 does not apply in relation to a failure to comply with Article 7 of Commission Implementing Regulation 543/2011 if the matter constituting the alleged contravention—

(a) relates to a product that was placed on the market before the end of the period of 21 months beginning on [F1 IP completion day], and

(b) would not have constituted a contravention of that Regulation as it applied immediately before [F1 IP completion day].”.

Textual Amendments

F1 Words in reg. 3 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 5(2)

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M1 S.S.I. 2009/225, amended by S.S.I. 2011/324, S.I. 2011/1043, S.I. 2013/3235, S.S.I. 2018/391 and S.S.I. 2019/169.

The Rural Development (Scotland) Regulations 2015 S

4.—(1) The Rural Development (Scotland) Regulations 2015 are amended as follows.

(2) In regulation 16(1)(d) (breaches of conditions of grant/undertakings etc), at the end insert “ or under any enactment, including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament ”.

(3) In regulation 22(3) M2 —

(a) after “paragraph (2) to” insert “ the Leader Grants (Scotland) Regulations 2008 M3 , ”,

(b) for “schedule 2” substitute “ schedules 2 and 3 ”.

(4) After schedule 2 (amendments for the purpose of the application of regulation 22(2)), insert—

Regulation 22(3)

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

The Leader Grants (Scotland) Regulations 2008

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 [F2 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

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 [F2 IP completion day] as construed in accordance with the Rural Development (Amendment) (EU Exit) Regulations 2019 M4 .

(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 [F2 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 [F2 IP completion day] ”.

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

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 [F2 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 [F2 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.”.”.

Textual Amendments

F2 Words in reg. 4(4) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 5(3)

Commencement Information

I2 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M2 Regulation 22(3) is inserted by regulation 2(2)(b) of this instrument.

M3 S.S.I. 2008/66, amended by S.S.I. 2011/260, S.I. 2011/1043 and S.S.I. 2012/182. S.S.I. 2008/66 was revoked subject to savings by S.S.I. 2015/192.

M4 S.I. 2019/764.