Scottish Statutory Instruments
Exiting The European Union
Agriculture
Crofters, Cottars And Small Landholders
Made
19th February 2019
Laid before the Scottish Parliament
21st February 2019
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 M2 and all powers enabling them to do so.
Marginal Citations
M11972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). The functions conferred upon the Minister of the Crown under section 2(2), insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c.16), section 1 from exit day (see section 20 of that Act). The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.
1.—(1) These Regulations may be cited as the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows—
(a)as regards this Part and Part 2, on 28 March 2019,
(b)as regards Part 3, on exit day.
(2) These Regulations extend to Scotland only.
Commencement Information
I1Reg. 1 in force at 28.3.2019, see reg. 1(1)(a)
2. In paragraph 6(3) (maintenance of soil organic matter) of Part 2 (standards for good agricultural and environmental condition) of the schedule to the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014 M3, for “the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006” substitute “ the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 M4 ”.
Commencement Information
I2Reg. 2 in force at 28.3.2019, see reg. 1(1)(a)
Marginal Citations
M3S.S.I. 2014/325, to which there are amendments not relevant to these Regulations.
M4S.S.I. 2017/114, amended by S.S.I. 2017/168.
3.—(1) The Crofting Counties Agricultural Grants (Scotland) Scheme 2006 M5 is amended as follows.
(2) In paragraph 2(1) (interpretation), in the definition of “Commission Regulation 65/2011”, at the end insert “ (except in relation to paragraph 6(4)(c)) ”.
(3) In paragraph 6(4)(c) (restrictions on payment of grant), after “65/2011” insert “ as that Article of that Commission Regulation had effect immediately before [F1IP completion day] ”.
(4) In paragraph 11A (power of authorised persons), for sub-paragraph (5) substitute—
“(5) An authorised person entering any land under sub-paragraph (1) may be accompanied by such other person as the authorised person considers necessary, and sub-paragraphs (3) and (4) shall apply to that person when acting under the instructions of an authorised person as they apply to an authorised person.”.
Textual Amendments
F1Words in reg. 3(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), 3(2)
Commencement Information
I3Reg. 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
M5S.S.I. 2006/24; relevant amending instruments are S.S.I. 2008/58 and S.S.I. 2015/105.
4. In regulation 13(1) (powers of authorised persons) of the Less Favoured Area Support Scheme (Scotland) Regulations 2010 M6, for paragraph (a) substitute—
“(a)verification of the accuracy of an application by carrying out administrative and periodic checks which are required under—
(i)Article 11 of Commission Regulation 65/2011;
(ii)Articles 12 and 20 of Commission Regulation 65/2011 as it had effect immediately before exit day; or
(iii)Titles III and V of the Horizontal Delegated Regulation; or”.
Commencement Information
I4Reg. 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
M6S.S.I. 2010/273; relevant amending instruments are S.S.I. 2011/73 and S.S.I. 2015/185.
5. In regulation 5 (powers of authorised persons) of the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014, for paragraph (5) substitute—
“(5) An authorised person entering any premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”.
Commencement Information
I5Reg. 5 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)
6.—(1) The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 M7 are amended as follows.
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In regulation 19 (powers of authorised persons), for paragraph (5) substitute—
“(5) An authorised person entering any premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”.
F6(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 6(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(3)
F3Reg. 6(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(3)
F4Reg. 6(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(3)
F5Reg. 6(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(3)
F6Reg. 6(7) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/368), regs. 1(2), 3(3)
Commencement Information
I6Reg. 6 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
M7S.S.I. 2015/58; relevant amending instrument is S.S.I. 2017/98.
7.—(1) The Rural Development (Scotland) Regulations 2015 M8 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)for the definition of “service level agreement” substitute—
““service level agreement”, except in relation to regulation 21(3) (agency arrangements), means an agreement between the Scottish Ministers and an accountable body for the purposes of—
(a)Article 7(1) of the Horizontal Regulation, and
(b)Article 1 of, and Annex I(1)(C) to, Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro M9 as it had effect immediately before [F7IP completion day];”,
(b)for the definition of “SRDP” substitute—
““SRDP” means the Scottish Rural Development Programme—
(a)as approved by the European Commission in respect of Scotland in accordance with Article 10(2) of the Rural Development Regulation and Article 29(4) of the Common Provisions Regulation, as those Regulations had effect immediately before [F7IP completion day] M10,
(b)as amended pursuant to Article 11 of the Rural Development Regulation and Article 30 of the Common Provisions Regulation, as those Regulations had effect immediately before [F7IP completion day] M11, and
(c)as may from time to time be supplemented or amended, on or after [F7IP completion day], by the Scottish Ministers in accordance with Article 11 of the Rural Development Regulation and Article 30 of the Common Provisions Regulation;”.
(3) In regulation 11 (powers of entry), for paragraph (6) substitute—
“(6) An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other person as the authorised person considers necessary.”
F8(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In regulation 18 (recovery of undue payments, interest and set-off)—
(a)in paragraph (2)(b), for “or the coordinating body” substitute “ , the coordinating body or, on or after [F9IP completion day] , the appropriate authority ”,
(b)in paragraph (5)—
(i)before the definition of “the Bank of England base rate”, insert—
““the appropriate authority” means the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers acting jointly;”,
(ii)in the definition of “the coordinating body”, at the end insert— “ as those Regulations had effect immediately before [F9IP completion day]. ”.
Textual Amendments
F7Words in reg. 7(2) 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), 3(4)
F8Reg. 7(4) revoked (31.12.2020 immediately before IP completion day) by The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/289), regs. 1(b), 6; 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 7(5) 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), 3(4)
Commencement Information
I7Reg. 7 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
M9OJ L 255, 28.8.2014, p.18, as last amended by Commission Delegated Regulation (EU) 2018/967 (OJ L 174, 10.7.2018, p.2).
M10As approved pursuant to Commission Implementing Decision C(2015) 3489 approving the rural development programme of Scotland for support from the European Agricultural Fund for Rural Development.
M11As last amended pursuant to Commission Implementing Decision C(2018) 8463 approving the amendment of the rural development programme of Scotland (UK) for support from the European Agricultural Fund for Rural Development.
8. In the Rural Payments (Appeals) (Scotland) Regulations 2015 M12, after regulation [F1010A] insert—
[F1210B.] For the purposes of these Regulations, a “relevant decision” includes a decision made on or after [F11IP completion day] under and in accordance with any EU instrument specified in any of the paragraphs of the Schedule, so far as that EU instrument had effect immediately before [F11IP completion day].”.
Textual Amendments
F10Word in reg. 8 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), 3(5)(a)
F11Words in reg. 8 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), 3(5)(c)
F12Word in reg. 8 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), 3(5)(b)
Commencement Information
I8Reg. 8 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
FERGUS EWING
A member of the Scottish Government
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.
These Regulations make amendments to legislation in the field of the common agricultural policy.
Part 2 (regulation 2), made in exercise of powers under the European Communities Act 1972 (c.68), updates a reference in relation to secondary legislation.
Part 3 (regulations 3 to 8) make amendments to secondary legislation consequential on the UK's withdrawal from the European Union.
No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.