Direct Payments to Farmers (Legislative Continuity) Act 2020

JurisdictionUK Non-devolved
Citation2020 c. 2
(1) On exit day the EU legislation governing the 2020 CAP direct payment schemes becomes part of domestic law.as it has effect in EU law immediately before exit day for the claim year 2020, andignoring for this purpose the disapplication of any of its provisions in the United Kingdom by the EU withdrawal agreement.the Direct Payments Regulation, apart from article 13;Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing the Direct Payments Regulation;Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014 laying down rules for the application of the Direct Payments Regulation;the Horizontal Regulation;Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing the Horizontal Regulation with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro;Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of the Horizontal Regulation with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency;Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of the Horizontal Regulation with regard to the integrated administration and control system, rural development measures and cross compliance;Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing the Horizontal Regulation 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.(4) This section brings that EU legislation into domestic law only in the form of the English language version of that legislation, but this does not affect the use of other language versions for the purposes of interpretation.(5) This section does not affect any rights, powers, liabilities, obligations, restrictions or other matters arising in relation to the CAP direct payment schemes for the claim year 2019 or earlier claim years.(6) But for the purposes of any rights, powers, liabilities, obligations, restrictions or other matters arising in relation to the CAP direct payment schemes for the claim year 2020, that EU legislation is to be treated as if it had formed part of domestic law from the beginning of 2020.(7) In this Act—
  • CAP direct payment schemes” means the support schemes under the Direct Payments Regulation;
  • claim year” means a period of 12 months beginning with 1 January (and “claim year”, followed by a year, means the period of 12 months beginning with 1 January in that year) ;
  • 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;
  • 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.
(1) Section 6 of the European Union (Withdrawal) Act 2018 (interpretation) applies for the purposes of this Act as it applies for the purposes of that Act and, in particular, it applies when a court or tribunal is deciding a question as to the validity, meaning or effect of retained EU law governing the CAP direct payment schemes as it applies when a court or tribunal is deciding a question as to the validity, meaning or effect of EU law retained under that Act.(2) In its application as mentioned in subsection (1) , section 6 of that Act has effect with the modifications in subsections (5) and (6) .section 7(2) and (3) (modification of retained direct EU legislation) , andparagraphs 3 to 8 and 10 to 12 of Schedule 8 (existing and future powers to make subordinate legislation) .(4) In their application as mentioned in subsection (3) , the provisions mentioned in paragraphs (a) and (b) have effect with the modifications in subsection (5) .(5) To the extent that they are applied for the purposes of subsections (1) and (3) , the provisions of the European Union (Withdrawal) Act 2018 in question have effect as if any reference in them to an expression listed in the first column of the following Table were a reference to the corresponding expression in the second column.
Expression in applied provision of the European Union (Withdrawal) Act 2018 Modification
IP completion day exit day
retained EU law retained EU law governing the CAP direct payment schemes
retained direct EU legislation retained direct EU CAP legislation
retained direct principal EU legislation the Direct Payments Regulation and the Horizontal Regulation so far as they form part of domestic law by virtue of section 1(1)
retained direct minor EU legislation retained direct EU CAP legislation other than the Direct Payments Regulation and the Horizontal Regulation
references to anything to which section 2, 3 or 4 of that Act applies are to be read as references to anything to which the EU legislation listed in section 1(3) of this Act applies, andreferences to the principles and decisions excluded by section 5 of, or Schedule 1 to, that Act are to be read as references to the principles and decisions that would be excluded if that Act were to operate to save and incorporate EU law with exceptions on exit day (instead of IP completion day) .retained EU law governing the CAP direct payment schemes, andretained EU law within the meaning given by section 6 of the European Union (Withdrawal) Act 2018,

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT