The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Community, in exercise of the powers contained in that section in so far as these Regulations could not have been made under the powers hereinafter mentioned, and otherwise in exercise of the powers conferred on her by section 98 of the Environment Act 1995 M3, with the consent of Treasury and after consulting the Countryside Agency, English Nature and the Historic Buildings and Monuments Commission for England in accordance with section 99 of the Environment Act 1995 M4, hereby makes the following Regulations:C1

Annotations:

Modifications etc. (not altering text)

Regulations applied (with modifications) (31.12.2020) by S.I. 2019/733, reg. 7 (as inserted by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 11(4))

Marginal Citations

S.I. 1972/1811.

1972 c. 68.

1995 c. 25. Section 98(5) defines the appropriate Minister. The functions of the Minister of Agriculture, Fisheries and Food (which related only to England) were transferred to the Secretary of State by virtue of article 2(2) of The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The functions of the Secretary of State were, so far as they related to Wales, transferred to the National Assembly for Wales by virtue of article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the Secretary of State were, so far as they related to Scotland, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Section 99 was amended by article 3(d) of the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416) and by section 73(4) of, and Schedule 8 to, the Countryside and Rights of Way Act 2000 (c. 37).