The Agriculture (Lump Sum Payment) (England) Regulations 2022

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Agriculture Act 2020;

“agricultural holdings tenancy” means a contract for an agricultural tenancy to which the Agricultural Holdings Act 1986(1) applies;

“agricultural land” means any area in England comprising arable land, permanent grassland, permanent pasture, or permanent crops which is used wholly or predominantly for an agricultural activity and, for the purposes of this definition—

(a)

“agricultural activity” has the same meaning as in Article 4(1)(c) of Regulation (EU) No 1307/2013(2);

(b)

“arable land” has the same meaning as in Article 4(1)(f) of Regulation (EU) No 1307/2013;

(c)

“permanent crops” has the same meaning as in Article 4(1)(g) of Regulation (EU) No 1307/2013; and

(d)

“permanent grassland” and “permanent pasture” has the same meaning as in Article 4(1)(h) of Regulation (EU) No 1307/2013;

“applicant” means a person who makes an application under regulation 4;

“claim year” means a period of 12 months beginning with 1st January (and “claim year” followed by a year means the period of 12 months beginning with 1st January in that year)(3);

“equity share capital” has the same meaning as in section 548 of the Companies Act 2006(4);

“farm business tenancy” means a tenancy to which the Agricultural Tenancies Act 1995(5) applies;

“payment entitlement” means a payment entitlement as referred to in Article 21(a) and (b) of Regulation (EU) No 1307/2013 and recorded on the register;

“the register” means the register established by the Secretary of State for identifying and registering payment entitlements in England under Article 7 of Regulation (EU) No 640/2014(6);

“Regulation (EU) No 1307/2013” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) 73/2009(7) [F1 as that Regulation operated in relation to England immediately before the end of 2023];

“Regulation (EU) No 640/2014” means Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance(8) [F1 as that Regulation operated in relation to England immediately before the end of 2023]; and

“scheme end date” means 31st May 2024.

(2) For the purposes of these Regulations—

(a) a person has “agricultural land at their disposal” if that person is—

(i) the owner-occupier of the land; or

(ii) a tenant occupying the land under a farm business tenancy or agricultural holdings tenancy; and

(b) any reference to “the applicant” includes a reference to a natural or legal person or, as the case may be, a group of natural or legal persons, regardless of the legal status afforded to such group and its members.

Textual Amendments

F1 Words in reg. 2 inserted (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 11(2)

Commencement Information

I1 Reg. 2 in force at 26.3.2022, see reg. 1(1)

(1)

1986 c. 5.

(2)

In the definition of “agricultural activity” in Article 4(1)(c) of Regulation (EU) No 1307/2013, “agricultural area” has the same meaning as in Article 4(1)(e) of Regulation (EU) No 1307/2013.

(3)

For example, “claim year 2018” means the period of 12 months beginning with 1st January 2018.

(4)

2006 c. 46.

(5)

1995 c. 8.

(6)

EUR 2014/640; Article 7 was amended by S.I. 2019/765 (to which there are amendments not relevant to these Regulations) and S.I. 2020/90. EUR 2014/640 was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2).

(7)

EUR 2013/1307; as amended by S.I. 2020/91, 576, and 760. This Regulation was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2).

(8)

EUR 2014/640; as amended by S.I. 2019/765, 2020/90 and 1513. This Regulation was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2).