The Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020

The Agriculture (Legislative Functions) (EU Exit) Regulations 2019

10.—(1) The Agriculture (Legislative Functions) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 3—

(a)for “point (o)” substitute “point (l)”;

(b)for the substituted text substitute—

“(m)‘appropriate authority’ means:

(i)subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;

(ii)the Secretary of State:

(aa)in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;

(bb)in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;

(cc)in relation to Scotland, if consent is given by the Scottish Ministers;

(dd)in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;

For the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:

(i)in relation to Wales, Senedd Cymru, if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006);

(ii)in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

(iii)in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).”.

(3) In regulation 5, before sub-paragraph (a) insert—

“(za)for the heading substitute—

“Powers”;”.

(4) Omit regulations 7 and 8.

(5) For regulation 12 substitute—

“12.  In Article 62—

(a)for the heading substitute—

“Powers as regards checks”;

(b)in paragraph 2—

(i)for “Commission shall adopt implementing acts” substitute “appropriate authority may make regulations”;

(ii)in point (a)—

(aa)for “Member States” substitute “relevant authority”;

(bb)omit the words from “resulting” to the end;

(iii)omit points (e) and (f);

(iv)omit the second subparagraph.”.

(6) In regulation 13, after sub-paragraph (b)(i) insert—

“(ia)in point (b), omit “in respect of unduly allocated payment entitlements and”.”.

(7) In regulation 17—

(a)after sub-paragraph (a)(ii) insert—

“(iia)in point (a), omit the words from “, in addition to those” to the end;”.

(b)after sub-paragraph (b)(i) insert—

“(ia)omit point (b);”.

(8) In regulation 18, after sub-paragraph (a)(i) insert—

“(ia)for “paragraphs 5 and 6” substitute “paragraph 5”;”.

(9) In regulation 19, for sub-paragraph (b) substitute—

“(b)in point (b)—

(i)omit “and applications for payment entitlements,”;

(ii)for the words from “Member” to the end substitute “for the application of simplified procedures or correction of obvious errors”;”.

(10) In regulation 27, in the substituted text—

(a)omit paragraphs 2 and 7 of Article 115A;

(b)omit paragraph 6 of Article 115B;

(c)omit paragraph 6 of Article 115C;

(d)omit paragraph 6 of Article 115D.

(11) Omit Part 3.