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Scottish Statutory Instruments
2022 No. 206
Agriculture
The Rural Support (Simplification and Improvement) (Scotland) Regulations 2022
Made
14th June 2022
Laid before the Scottish Parliament
16th June 2022
Coming into force
18th September 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 2 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020( 1), and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Rural Support (Simplification and Improvement) (Scotland) Regulations 2022 and come into force on 18 September 2022.
Amendment of the Horizontal Regulation
2. In Article 75(1)(a) of Regulation (EU) No 1306/2013of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005and (EC) No 485/2008( 2) omit “but not before 16 October”.
Amendment of the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022
3. In regulation 3(1) of the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022( 3) after “809/2014” insert “of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance”.
LORNA SLATER
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
14th June 2022
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend Regulation (EU) No 1306/2013of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005and (EC) No 485/2008(“the Horizontal Regulation”) and the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022.
Regulation 2 simplifies and improves the retained EU law relating to the operation of rural support schemes by amending the Horizontal Regulation to allow Scottish Ministers to begin making advance payments for direct payment schemes at a date in the calendar year earlier than 16 October.
Regulation 3 corrects a minor drafting error in the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022.
A Business and Regulatory Impact Assessment has been prepared. Copies may be obtained online atwww.legislation.gov.uk.
EUR 2013/1306 (“the Horizontal Regulation”) was incorporated into domestic law on exit day by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), insofar as it relates to direct payment support. Insofar as it relates to agricultural support, the Horizontal Regulation was incorporated into domestic law on IP completion day by section 3 of the European Union (Withdrawal) Act 2018 (c. 16). Regulation 2 of S.I. 2020/1445 makes further provision in respect of the effect of the Horizontal Regulation on IP completion day. The Horizontal Regulation was relevantly amended by S.I. 2019/748, S.I. 2019/763, S.I. 2020/90, S.S.I. 2021/72and S.S.I. 2022/107.