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The Rural Support (Simplification and Improvement) (Scotland) Regulations 2023

S.S.I. 2023/308 · Made 26 October 2023

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 26th October 2023

Laid before the Scottish Parliament 30th October 2023

Coming into force 1st January 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020f1, and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2020 asp 17.

Contents

  1. 1Citation and commencement
  2. 2Modification of Regulation (EU) No 1307/2013
  3. 3Modification of Commission Delegated Regulation (EU) No 639/2014
  4. 4Modification of Commission Implementing Regulation (EU) No 641/2014
  5. 5Modification of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Rural Support (Simplification and Improvement) (Scotland) Regulations 2023 and come into force on 1 January 2024.

2Modification of Regulation (EU) No 1307/2013

In Article 31(1) (replenishment of the national reserve or regional reserves) of 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 policyf1 omit points (a) and (b).

3Modification of Commission Delegated Regulation (EU) No 639/2014

In Article 24 (requirements for activation of payment entitlements) of Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulationf1 omit paragraph 2.

4Modification of Commission Implementing Regulation (EU) No 641/2014

In Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014 laying down rules for the application of Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policyf1 omit Article 9 (reversion to the national or regional reserve).

5Modification of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015

In regulation 9 (transfer of payment entitlements) of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015f1 omit paragraph (4).

Signature

MAIRI GOUGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

26th October 2023

Explanatory note

(This note is not part of the Regulations)

These Regulations modify a number of instruments to simplify and improve their operation.

Regulation 2 omits points (a) and (b) of Article 31(1) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (“the Direct Payments Regulation”). This removes provision regarding replenishment of national or regional reserves from payment entitlements not giving right to payments during two consecutive years due to the application specified provisions, and from payment entitlements not activated for two consecutive years.

Regulation 3 is consequential upon the change made by regulation 2 and omits Article 24(2) of Commission Delegated Regulation (EU) No 639/2014. Article 24(2) sets out how overdeclarations of payment entitlements are to be considered for the purposes of Article 31(1)(b) of the Direct Payments Regulation.

Regulation 4 is consequential upon the change made by regulation 2, and omits Article 9 of Commission Implementing Regulation (EU) No 641/2014. Article 9 sets out when payment entitlements revert to the national or regional reserve as a consequence of the operation of Article 31(1)(a) and (b) of the Direct Payments Regulation.

Regulation 5 omits regulation 9(4) of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 to remove the requirements relating to reversion to the national reserve of annual unit value of payment entitlements that are transferred without land.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained online at www.legislation.gov.uk.