The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Regulation 5(1)

SCHEDULE 1 Calculation of delinked payments

1.  The Secretary of State must first calculate the reference amount that applies in respect of a person for each year within the delinking period. This is the amount described in paragraph 2 or 3 or, as the case may be, the sum of those amounts with any adjustment made under paragraph 4.

2.  The amount described in this paragraph is the average amount paid to a person by way of direct payments under the basic payment scheme in relation to the reference period by virtue of payment entitlements activated by that person in England under Article 32 of the Direct Payments Regulation and before the application of any reductions or penalties under—

(a) Article 19a of Commission Delegated Regulation (EU) No640/2014(1);

(b) Articles 24 to 28 of Commission Delegated Regulation (EU) No640/2014(2); or

(c) paragraphs 2(c) and (d) and 3 to 5 of Article 6 of Commission Implementing Regulation (EU) No809/2014(3).

3.  The amount described in this paragraph is the reference amount transferred by the Secretary of State to a person following a transfer request made under regulation 8(1) and Schedule 2.

4.  The reference amount described in paragraph 2 or 3 or, as the case may be, the sum of those amounts, is to be adjusted as necessary by the Secretary of State to take into account the implications for that amount of any previous transfers of a reference amount made following a request under regulation 8(1) and Schedule 2.

5.  The Secretary of State must then calculate the amount of the delinked payment that is payable to the person for a year within the delinking period. This is the total value of the reference amounts calculated in respect of the person under paragraphs 2 and 3, adjusted as necessary under paragraph 4.

(1)

EUR 2014/640. Article 19a was amended by S.I. 2019/765 (to which there are amendments not relevant to these Regulations), 2020/90, 551, 1513 and 2021/407. EUR 2014/640 was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2).

(2)

Articles 24 to 28 were revoked, in relation to England, by regulation 7(7)(b) of S.I. 2020/1387.

(3)

EUR 2014/809. Article 6 was amended by S.I. 2019/765 (to which there are amendments not relevant to these Regulations), 2020/90 and 1513 and 2021/407. Paragraph 5 was inserted by regulation 2(c) of S.I. 2021/407. EUR 2014/809 was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.