The Agriculture (Financial Assistance) (Amendment) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/389 |
| Year | 2022 |
2022 No. 389
Agriculture, England
The Agriculture (Financial Assistance) (Amendment) Regulations 2022
Made 25th March 2022
Coming into force 26th March 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(8), 3(1) and (2) and 50(3) of the Agriculture Act 20201.
In accordance with section 50(6) of that Act, a draft of the instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. These Regulations may be cited as the Agriculture (Financial Assistance) (Amendment) Regulations 2022 and come into force on the day after the day on which they are made.
Amendment of the Agriculture (Financial Assistance) Regulations 2021
2. The Agriculture (Financial Assistance) Regulations 20212are amended in accordance with regulations 3 to 12.
Amendment of regulation 2 (Interpretation)
3. In regulation 2—
(a) in paragraph (1)—
(i) after the definition of “the 2020 Act”, insert—
“
“agreement” means an agreement between the Secretary of State and an agreement holder establishing the conditions under which the Secretary of State agrees to give financial assistance to the agreement holder under a financial assistance scheme in accordance with scheme guidance3;
”;
(ii) for the definition of “agreement holder” substitute—
“
“agreement holder” means a person who has entered into an agreement or—
(a) a personal representative of that person in the event of that person’s incapacity or death; or
(b) where applicable for the purposes of complying with or enforcing any obligation under these Regulations, an employee or agent of that person in so far as that employee or agent is acting or has acted for or on behalf of that person in connection with that agreement;
”;
(iii) after the definition of “agreement holder” insert—
“
“animal health and welfare grants scheme” means the scheme comprising elements known as the “animal health and welfare small grants scheme” and the “animal health and welfare large grants scheme” pursuant to which the Secretary of State gives financial assistance under section 1(1) of the 2020 Act;
“annual health and welfare review” means the scheme known as the “annual health and welfare review” pursuant to which the Secretary of State gives financial assistance under section 1(1) of the 2020 Act;
”;
(iv) for the definition of “applicant” substitute—
“
“applicant” means a person who applies to the Secretary of State for financial assistance under a financial assistance scheme or, where applicable for the purposes of complying with or enforcing any obligation under these Regulations, an employee or agent of that person in so far as that employee or agent is acting or has acted for and on behalf of that person in connection with that agreement;
”;
(v) omit the definition of “CS scheme”;
(vi) for the definition of “environmental land management pilot scheme” substitute—
“
“environmental land management scheme” means any scheme (including any pilot scheme) known as—
(a) the sustainable farming incentive scheme;
(b) the local nature recovery scheme; or
(c) the landscape recovery scheme,
pursuant to which the Secretary of State gives financial assistance under section 1(1) of the 2020 Act;;
”;
(b) for paragraph (2) substitute—
“
2 Where a provision in these Regulations is silent as to which financial assistance scheme it applies to, the provision applies to any financial assistance scheme made by the Secretary of State under section 1 of the 2020 Act.
Amendment of regulation 3 (Checking eligibility for financial assistance)
4. In regulation 3, for “the CS scheme, the environmental land management pilot scheme, the farming investment fund scheme or the tree health pilot scheme” substitute “a financial assistance scheme”.
Amendment of regulation 7 (Payments under the environmental land management pilot scheme)
5. In regulation 7—
(a) for the heading substitute “Payments under an environmental land management scheme”;
(b) in paragraphs (1) and (7), for “the environmental land management pilot scheme” substitute “an environmental land management scheme”.
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