Agriculture (Retained EU Law and Data) (Scotland) Act 2020
| Jurisdiction | Scotland |
| Citation | 2020 asp 17 |
| Year | 2020 |
Agriculture (Retained EU Law and Data) (Scotland) Act 2020
2020 asp 17
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th August 2020 and received Royal Assent on 1st October 2020
An Act of the Scottish Parliament to confer powers to modify certain retained EU law relating to agriculture, including power to make new provision about marketing standards in relation to agricultural products and the classification of carcasses; to make provision about the collection and processing of information connected with food supply chains and agricultural activities; and for connected purposes.
Amendments (Textual)
F1
Word in Pt. 1 heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 10
(1)
This section defines or explains terms used in this Part.
(2)
The “
F2
relevant
CAP legislation
” means—
(a)
the Direct Payments Regulation,
(b)
the Rural Development Regulation,
(ba)
F3
the CMO Regulation,
(c)
the Horizontal Regulation,
(d)
the Common Provisions Regulation so far as relating to the operation of the Rural Development Regulation,
(e)
any delegated or implementing Regulations made (whether by the Commission or the Council) under any of the Regulations referred to in paragraphs (a) to (d),
(f)
any subordinate legislation implementing or otherwise relating to any of the Regulations referred to in paragraphs (a) to (e).
(3)
The “
Direct Payments Regulation
” 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.
(4)
The “
Rural Development Regulation
” means Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development.
(5)
The “
CMO Regulation
” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products.
(6)
The “
Horizontal Regulation
” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy.
(7)
The “
Common Provisions Regulation
” means Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc.
(8)
“
Modify
” includes amend, revoke and repeal (and related expressions are to be construed accordingly).
Amendments (Textual)
F2
Word in s. 1(2) substituted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(2)(a), 38(2); S.S.I. 2025/167, reg. 2(1)
F3
S. 1(2)(ba) inserted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(2)(b), 38(2); S.S.I. 2025/167, reg. 2(1)
Commencement Information
I1
S. 1 in force at 5.11.2020 by S.S.I. 2020/315, reg. 2(a)
(1)
The Scottish Ministers may by regulations modify
F5
or restate, to any extent, the relevant
CAP legislation.
(2)
The Scottish Ministers may only make modifications under subsection (1)—
(a)
F6
that they consider would simplify or improve the operation of the provisions of the legislation;
(b)
F7
that they consider appropriate to take account of—
(i)
changes in technology, or
(ii)
developments in scientific understanding.
(2A)
F8
A restatement under subsection (1) may make any change to the legislation that the Scottish Ministers consider appropriate—
(a)
for the purposes of—
(i)
resolving ambiguity,
(ii)
removing doubt or an anomaly,
(iii)
facilitating improvements in the clarity or accessibility of the law (including by omitting anything which is legally unnecessary),
(b)
to take account of—
(i)
changes in technology, or
(ii)
developments in scientific understanding.
(2B)
A restatement under subsection (1) may use words or concepts that are different from those used in the provision being restated.
(3)
Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.
Amendments (Textual)
F4
S. 2 heading substituted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(4), 38(2); S.S.I. 2025/167, reg. 2(1)
F5
Words in s. 2(1) substituted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(a), 38(2); S.S.I. 2025/167, reg. 2(1)
F6
Words in s. 2(2) renumbered as s. 2(2)(a) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(b)(i), 38(2); S.S.I. 2025/167, reg. 2(1)
F7
S. 2(2)(b) inserted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(b)(ii), 38(2); S.S.I. 2025/167, reg. 2(1)
F8
S. 2(2A)(2B) inserted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), ss. 22(3)(c), 38(2); S.S.I. 2025/167, reg. 2(1)
Commencement Information
I2
S. 2 in force at 5.11.2020 by S.S.I. 2020/315, reg. 2(b)
(1)
The Scottish Ministers may by regulations modify the
F10
relevant
CAP legislation for the purpose of securing that the provisions of the legislation continue to operate in relation to Scotland
F11
....
(1A)
F12
The Scottish Ministers may by regulations modify any provision of the relevant CAP legislation for the purpose of securing that it—
(a)
ceases to apply for a period, or
(b)
ceases to have effect in Scotland.
(2)
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
F14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
Regulations under this section are
F15
(if they have not been subject to the affirmative procedure) subject to the negative procedure
.
Amendments (Textual)
F9
S. 3 heading substituted (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024...
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