The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/463 |
| Year | 2020 |
2020 No. 463
Agriculture
The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020
Made 27th April 2020
Laid before Parliament 28th April 2020
Coming into force 30th April 2020
The Secretary of State, in exercise of the powers conferred by section 6(1) of the Direct Payments to Farmers (Legislative Continuity) Act 20201, makes the following Regulations.
In accordance with section 6(5) of the Direct Payments to Farmers (Legislative Continuity) Act 2020, the Secretary of State has obtained consent from the Scottish Ministers, Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 and come into force on 30th April 2020.
(2) Any provision of these Regulations which amends an enactment has the same extent as the enactment amended.
Amendment of the Interpretation Act 1978
2.—(1) The Interpretation Act 19782is amended as follows.
(2) In section 21(1), after “any Act” (but before the words to be inserted at the same place by paragraph 19 of Schedule 8 to the European Union (Withdrawal) Act 2018)3insert “or made or to be made on or after exit day under retained direct EU CAP legislation as defined in section 2 of the Direct Payments to Farmers (Legislative Continuity) Act 2020”.
(3) In section 23ZA(4)(a)—
(a)
(a) in sub-paragraph (i), omit “or”;
(b)
(b) after that sub-paragraph insert—
“(ia)
“(ia) any instrument made on or after exit day under retained direct EU CAP legislation as defined in section 2 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, or”;
(c)
(c) in sub-paragraph (ii), after “instrument” insert “, not falling within sub-paragraph (ia),”
Amendment of the Statutory Instruments Act 1946
3. In the Statutory Instruments Act 19464, in section 11B(2), after “2018” insert “or the Direct Payments to Farmers (Legislative Continuity) Act 2020”.
Amendment of the Legislation (Wales) Act 2019
4. In section 24(1)(b) of the Legislation (Wales) Act 2019 (anaw 4)—
(a) in the English language text, after “(c. 16)” insert “or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2)”;
(b) in the Welsh language text, after “(p. 16)” insert “neu adran 1 o Ddeddf Taliadau Uniongyrchol i Ffermwyr (Parhad Deddfwriaethol) 2020 (p. 2)”.
Amendment of the Interpretation and Legislative Reform (Scotland) Act 2010
5.—(1) The Interpretation and Legislative Reform (Scotland) Act 20105is amended as follows.
(2) In section 1(1)—
(a)
(a) in paragraph (ba), omit the “and” following that paragraph;
(b)
(b) after paragraph (ba), insert—
“(bb)
“(bb) Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (e) or (f) of the definition of “Scottish instrument” in subsection (4), and”.
(3) In section 1(4)—
(a)
(a) omit the “or” following paragraph (c);
(b)
(b) after paragraph (d), insert—
“(e)
“(e) an Act of the Scottish Parliament (whenever passed) and any retained direct EU CAP legislation (within the meaning of section 2(10) of the Direct Payments to Farmers (Legislative Continuity) Act 2020) (whenever made), or
(f)
(f) an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct EU CAP legislation (within the meaning of section 2(10) of the Direct Payments to Farmers (Legislative Continuity) Act 2020) (whenever made).”.
(4) In section 55(2B)(d), in the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”, at the end insert “and each of those definitions is to be read as including the legislation treated by paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 as falling within the corresponding definition in Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (see paragraphs (a), (d), (c) and (b) respectively of that paragraph 7).”.
Amendment of the Interpretation Act (Northern Ireland) 1954
6.—(1) The Interpretation Act (Northern Ireland) 19546is amended as follows.
(2) In section 1, in paragraph (f)—
(a)
(a) the words from “a statute or instrument” to the end become sub-paragraph (i) of that paragraph;
(b)
(b) at the end of that sub-paragraph insert “; or”;
(c)
(c) after that sub-paragraph, insert—
“any legislation which forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 for the time being in force in Northern Ireland”.
Amendment of the Statutory Rules (Northern Ireland) Order 1979
7. In the Statutory Rules (Northern Ireland) Order 19797, in article 4(a), after sub-paragraph (vi) insert—
“any legislation referred to in paragraph...
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