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10.—(1) The Agriculture (Legislative Functions) (EU Exit) Regulations 2019(1) are amended as follows.
(2) In regulation 3—
(a)for “point (o)” substitute “point (l)”;
(b)for the substituted text substitute—
“(m)‘appropriate authority’ means:
(i)subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;
(ii)the Secretary of State:
(aa)in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;
(bb)in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;
(cc)in relation to Scotland, if consent is given by the Scottish Ministers;
(dd)in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;
For the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:
(i)in relation to Wales, Senedd Cymru, if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006);
(ii)in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);
(iii)in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).”.
(3) In regulation 5, before sub-paragraph (a) insert—
“(za)for the heading substitute—
(4) Omit regulations 7 and 8.
(5) For regulation 12 substitute—
“12. In Article 62—
(a)for the heading substitute—
(b)in paragraph 2—
(i)for “Commission shall adopt implementing acts” substitute “appropriate authority may make regulations”;
(ii)in point (a)—
(aa)for “Member States” substitute “relevant authority”;
(bb)omit the words from “resulting” to the end;
(iii)omit points (e) and (f);
(iv)omit the second subparagraph.”.
(6) In regulation 13, after sub-paragraph (b)(i) insert—
“(ia)in point (b), omit “in respect of unduly allocated payment entitlements and”.”.
(7) In regulation 17—
(a)after sub-paragraph (a)(ii) insert—
“(iia)in point (a), omit the words from “, in addition to those” to the end;”.
(b)after sub-paragraph (b)(i) insert—
“(ia)omit point (b);”.
(8) In regulation 18, after sub-paragraph (a)(i) insert—
“(ia)for “paragraphs 5 and 6” substitute “paragraph 5”;”.
(9) In regulation 19, for sub-paragraph (b) substitute—
“(b)in point (b)—
(i)omit “and applications for payment entitlements,”;
(ii)for the words from “Member” to the end substitute “for the application of simplified procedures or correction of obvious errors”;”.
(10) In regulation 27, in the substituted text—
(a)omit paragraphs 2 and 7 of Article 115A;
(b)omit paragraph 6 of Article 115B;
(c)omit paragraph 6 of Article 115C;
(d)omit paragraph 6 of Article 115D.
(11) Omit Part 3.
S.I. 2019/748, as amended by S.I. 2019/831.
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