Explanatory note

This Order makes provision under section 106 of the Scotland Act 1998. It modifies functions related to the implementation of a common agricultural policy legislative instrument of the European Community, which apply to an agricultural activity by reference to a holding, and prerogative and other executive functions under section 53(2)(a) of that Act. It provides that, so far as exercisable in relation to a farmer defined for these purposes as a farmer whose holding within the United Kingdom is situated wholly or partly within Scotland (“a Scottish farmer”), the relevant functions may be exercised separately.

The relevant functions relate to Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Community Regulations (EEC) No. 2019/93, (EC) No. 1452/2001, (EC) No. 1453/2001, (EC) No. 1454/2001, (EC) 1868/94, (EC) No. 1251/1999, (EC) No. 1254/1999, (EC) No. 1673/2000, (EEC) No. 2358/71 and (EC) No. 2529/2001 (“the Council Regulation”).

This Order makes clear the powers of the Scottish Ministers under the Council Regulation in relation to a Scottish farmer as a consequence of the reform of the common agricultural policy of the European Community.