Agriculture (Retained EU Law and Data) (Scotland) Act 2020
| Jurisdiction | Scotland |
| Citation | 2020 asp 17 |
| Year | 2020 |
(1) This section defines or explains terms used in this Part.the Direct Payments Regulation,the Rural Development Regulation,the Horizontal Regulation,the Common Provisions Regulation so far as relating to the operation of the Rural Development Regulation,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) ,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) .(1) The Scottish Ministers may by regulations modify the main CAP legislation.(2) The Scottish Ministers may only make modifications under subsection (1) that they consider would simplify or improve the operation of the provisions of the legislation.(3) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.(1) The Scottish Ministers may by regulations modify the main CAP legislation for the purpose of securing that the provisions of the legislation continue to operate in relation to Scotland for one or more years beyond 2020.(2) The power conferred by subsection (1) includes power to make provision for determining, in respect of any year, a national ceiling of the kind referred to in Article 6 of the Direct Payments Regulation to be applicable in relation to Scotland for the year.must require a determination in respect of a year to be published as soon as practicable after it has been made, andmay confer functions on any appropriate person in connection with, or with the making of, a determination in respect of a year.(4) Regulations under this section are subject to the affirmative procedure.the setting or determining of ceilings on the amounts of any payments or expenditure for any purpose under the legislation,the reallocation or transfer of amounts or proportions of such ceilings between or among different purposes under the legislation.Articles 6, 7, 11 and 14 of the Direct Payments Regulation,Articles 58 and 59 of the Rural Development Regulation,Articles 30 and 32 of the Horizontal Regulation.(3) Regulations under this section are subject to the affirmative procedure.(4) In this section, “ceilings” includes limits and other restrictions.(1) No regulations may be made under section 2(1) , 3(1) or 4(1) after 7 May 2026.(2) Subsection (1) does not affect the continuation in force of any regulations made under section 2(1) , 3(1) or 4(1) before that date.(1) The Scottish Ministers may by regulations modify the legislation governing public intervention and aid for private storage.securing that provisions of such legislation cease to apply for a period,securing that provisions of such legislation cease to have effect,simplifying or improving the operation of provisions of the legislation.Articles 8 to 21 of the CMO Regulation,Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and
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