The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

Regulation 18(2)

SCHEDULE 3 U.K. Circumstances where a breach of Schedule 2 is not a non-compliance

1.  Any obligation, restriction or action carried out under— U.K.

(a) a management agreement entered into under—

(i) section 16 of the National Parks and Access to the Countryside Act 1949 M1 ;

(ii) section 15 of the Countryside Act 1968 M2 ;

(iii) section 39 of the Wildlife and Countryside Act 1981 M3 ; or

(iv) section 7 of the Natural Environment and Rural Communities Act 2006 M4 ;

[F1 (aa) an agreement entered into by virtue of regulations made under section 98 of the Environment Act 1995; or

(ab) an agreement entered into as a condition for the receipt of financial assistance under section 1 of the Agriculture Act 2020;]

(b) a measure—

(i) listed in Article 36 of Regulation 1698/2005;

(ii) under Articles 28 to 31, 33 or 34 of the Rural Development Regulation; or

(iii) relating to the annual premia under points (a) and (b) of Article 21(1) of the Rural Development Regulation.

Textual Amendments

F1 Sch. 3 para. 1(aa)(ab) inserted (22.7.2022) by The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/861), regs. 1(2), 2

Marginal Citations

M1 1949 c. 97 The Nature Conservancy's powers under section 16 of this Act to enter into agreements with owners, lessees or occupiers of land within nature reserves were transferred to the Natural Environment Research Council by section 3 of the Science and Technology Act 1965 (c.4). They were then transferred to the Nature Conservancy Council by section 1 of the Nature Conservancy Council Act 1973 (c.54), and then to the Nature Conservancy Council for England by section 132 of the Environmental Protection Act 1990 (c.43). That body was renamed English Nature by section 73 of the Countryside and Rights of Way Act 2000 (c.37). Section 26 of the Natural Environment and Rural Communities Act 2006 (c.16) provided for the transfer of English Nature's functions in relation to such agreements to Natural England. Section 16 of the 1949 Act was amended by section 105(1) of, and paragraph 14 of Part 1 of Schedule 11 to, the 2006 Act, with the result that, from 1 October 2006, no new agreements can be entered into under section 16 with regard to England.

M2 1968 c. 41 The Natural Environment Research Council's powers under section 15 of this Act to enter into agreements with owners, lessees or occupiers of land within areas of special scientific interest were transferred to the Nature Conservancy Council by section 1 of the Nature Conservancy Council Act 1973 (c.54), and then to the Nature Conservancy Council for England by section 132 of the Environmental Protection Act 1990 (c.43). That body was renamed English Nature by section 73 of the Countryside and Rights of Way Act 2000 (c.37). Section 26 of the Natural Environment and Rural Communities Act 2006 (c.16) provided for the transfer of English Nature's functions in relation to such agreements to Natural England. Section 15 of the 1968 Act was amended by section 105(1) of, and paragraph 14 of Part 1 of Schedule 11 to, the 2006 Act, with the result that, from 1 October 2006, no new agreements can be entered into under section 15 with regard to England

M3 1981 c. 69. Section 39(1) was amended by sections 96(a) and 102 of, and Part VI of Schedule 16 to, the Countryside and Rights of Way Act 2000 (c. 37 ) . In section 39(5), paragraph (a) was repealed by section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25); paragraph (aa) was inserted by section 2(5) and (6) of, and Part I of Schedule 3 to, the Norfolk and Suffolk Broads Act 1988 (c. 4); paragraph (b) was repealed by sections 7 and 102 of, and paragraph 7 of Schedule 3 and Schedule 17 to, the Local Government Act 1985 (c. 43); and paragraphs (d) to (f) were inserted by section 96(b) of the Countryside and Rights of Way Act 2000. Section 39(5)(d) was subsequently repealed by section 105 of, and paragraph 87 of Schedule 11 and Schedule 12 to, the Natural Environment and Rural Communities Act 2006 (c. 16). Section 39 has also been modified with the effect that as respects any National Park for which a National Park authority is the local planning authority, that authority is the relevant authority for the purposes of section 39, by virtue of section 65 of the Environment Act 1995.

M4 2006 c. 15.

2.  Any action carried out on the land— U.K.

(a) by virtue of, or in connection with, any power or authorisation by or under any enactment, provided that following completion of the action the agricultural land will be in good agricultural and environmental condition for the purposes of Article 94 of the Horizontal Regulation;

(b) in the interests of human or animal health or safety;

(c) either to enable a serious cause of harm to plant health or serious infestation of any pest or weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation.