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The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020

S.I. 2020/463 · Made 27 April 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Agriculture

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 2020f1, 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.

Annotations to the whole text

Footnotes

f1

2020 c. 2.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Interpretation Act 1978
  3. 3Amendment of the Statutory Instruments Act 1946
  4. 4Amendment of the Legislation (Wales) Act 2019
  5. 5Amendment of the Interpretation and Legislative Reform (Scotland) Act 2010
  6. 6Amendment of the Interpretation Act (Northern Ireland) 1954
  7. 7Amendment of the Statutory Rules (Northern Ireland) Order 1979
  8. 8Amendment of the European Union (Withdrawal) Act 2018
  9. 9Amendment of the European Union (Withdrawal Agreement) Act 2020
  10. 10Amendment of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019
  11. Signature
  12. Explanatory note

1Citation, commencement and extent

(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.

2Amendment of the Interpretation Act 1978

(1)

The Interpretation Act 1978f1 is 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)f2 insert “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)

in sub-paragraph (i), omit “or”;

(b)

after that sub-paragraph insert—

“(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)

in sub-paragraph (ii), after “instrument” insert “, not falling within sub-paragraph (ia),”

3Amendment of the Statutory Instruments Act 1946

In the Statutory Instruments Act 1946f1, in section 11B(2), after “2018” insert “or the Direct Payments to Farmers (Legislative Continuity) Act 2020”.

4Amendment of the Legislation (Wales) Act 2019

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)”.

5Amendment of the Interpretation and Legislative Reform (Scotland) Act 2010

(1)

The Interpretation and Legislative Reform (Scotland) Act 2010f1 is amended as follows.

(2)

In section 1(1)—

(a)

in paragraph (ba), omit the “and” following that paragraph;

(b)

after paragraph (ba), insert—

“(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)

omit the “or” following paragraph (c);

(b)

after paragraph (d), insert—

“(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)

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).”.

6Amendment of the Interpretation Act (Northern Ireland) 1954

(1)

The Interpretation Act (Northern Ireland) 1954f1 is amended as follows.

(2)

In section 1, in paragraph (f)—

(a)

the words from “a statute or instrument” to the end become sub-paragraph (i) of that paragraph;

(b)

at the end of that sub-paragraph insert “; or”;

(c)

after that sub-paragraph, insert—

“(ii)

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”.

7Amendment of the Statutory Rules (Northern Ireland) Order 1979

In the Statutory Rules (Northern Ireland) Order 1979f1, in article 4(a), after sub-paragraph (vi) insert—

“(vii)

any legislation referred to in paragraph 7(b) of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020, if the power is expressed to be exercisable by statutory rule for the purposes of this Order;

(viii)

any regulations made under the Direct Payments to Farmers (Legislative Continuity) Act 2020, if the power is expressed to be exercisable by statutory rule for the purposes of this Order;”.

8Amendment of the European Union (Withdrawal) Act 2018

In Schedule 8 to the European Union (Withdrawal) Act 2018, in paragraph 19, after “EU legislation” insert “other than retained direct EU CAP legislation as so defined”.

9Amendment of the European Union (Withdrawal Agreement) Act 2020

In Schedule 5 to the European Union (Withdrawal Agreement) Act 2020f1, in paragraph 10, after “day”, in each place it occurs, insert “under any retained direct EU legislation”.

10Amendment of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

(1)

The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019f1 are amended as follows.

(2)

In regulation 2(2)—

(a)

in paragraph (c), after “section 3 of the Act” insert “or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020”;

(b)

at the end insert “or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, as the case may be”.

(3)

In regulation 2(6)(a), after “section 3 of the Act”, insert “or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.”.

(4)

In regulation 3(2), in subsection (3) of the inserted text, at the end insert “or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020”.

(5)

In regulation 4(3), in subsection (3) of the inserted text, at the end insert “or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020”.

(6)

In regulation 5(1)—

(a)

omit paragraph (a);

(b)

in paragraph (b) for “that sub-paragraph” substitute “sub-paragraph (ii)”;

(c)

for paragraph (c) substitute—

“(c)

after sub-paragraph (ii) insert—

“(iii)

any retained direct EU legislation not falling within sub-paragraph (ii) for the time being in force in Northern Ireland;”.”

(7)

In regulation 8(1), after “legislation” insert “, or legislation referred to in paragraph 7(b) of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020,”.

Signature

Victoria Prentis

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

27th April 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations make consequential amendments to the Interpretation Act 1978 (c. 30), the Statutory Instruments Act 1946 (c. 36), the Legislation (Wales) Act 2019 (anaw 4), the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), the Interpretation Act (Northern Ireland) 1954 (c.33) N.I., the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)), the European Union (Withdrawal) Act 2018 (c. 16), the European Union (Withdrawal Agreement) Act 2020 (c. 1) and the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/628) to ensure that the Direct Payments to Farmers (Legislative Continuity) Act 2020 and EU legislation incorporated into domestic law under that Act is treated in the same way as EU legislation incorporated into domestic law under the European Union (Withdrawal) Act 2018.