The Agriculture (Financial Assistance) (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
2023 No. 351
Agriculture, England
The Agriculture (Financial Assistance) (Amendment) Regulations 2023
Made 22th March 2023
Coming into force 23th March 2023
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 2023 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 8.
Amendment of regulation 2 (Interpretation)
3. In paragraph (1) of regulation 2, omit the definitions of—
(a) “animal health and welfare grants scheme”;
(b) “environmental land management scheme”;
(c) “farming investment fund scheme”.
Omission of regulation 7 (Payments under an environmental land management scheme)
4. Omit regulation 7.
Amendment of regulation 8 (Payments under a financial assistance scheme other than an environmental land management scheme)
5. In regulation 8—
(a) for the heading, substitute “Payments under a financial assistance scheme”;
(b) for paragraph (1), substitute—
“
1 Where an agreement holder has submitted a request for payment under an agreement, the Secretary of State may require the agreement holder to provide additional information or evidence in support of that payment.
”;
(c) after paragraph (6), insert—
“
7 Where an agreement holder is awarded financial assistance under an agreement that does not require them to submit a request for payment, that person must submit an annual declaration to the Secretary of State confirming compliance with the conditions subject to which that financial assistance is given.
Amendment of regulation 12 (Transfer of agreements)
6. In regulation 12, for paragraph (1) substitute—
“
1 Where the Secretary of State is satisfied a change in circumstances will affect one or more of the matters specified in regulation 11(1), the Secretary of State may consent to the transfer of all or part of an agreement for financial assistance to another person (“the transferee”) provided that—
(a) the transferee meets the eligibility criteria for receipt of financial assistance under that agreement;
(b) the transferee notifies the Secretary of State of the proposed transfer within any deadline specified by the Secretary of State;
(c) the transferee gives an undertaking to the Secretary of State to assume the obligations under that agreement in place of the agreement holder; and
(d) the Secretary of State has accepted that undertaking.
”
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