Agriculture Bill (HC Bill 7)

Chris F · Jan 16, 2020

A few people has asked how they read the actual Bill that is going in today. We believe this is it:

https://publications.parliament.uk/pa/bills/cbill/58-01/0007/cbill_2019-20200007_en_1.htm

Agriculture Bill (HC Bill 7)
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Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-87 Last page

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Environment,
Food and Rural Affairs, are published separately as Bill 7-EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Theresa Villiers has made the following statement under section
19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Agriculture Bill are compatible with the Con-
vention rights.
CONTENTS

Part 1
Financial assistance
1. Chapter 1
  New financial assistance powers
2. Chapter 2
  Direct payments after EU exit
3. Chapter 3
  Other financial support after EU exit
Part 2
Food and agricultural markets
1. Chapter 1
  Food security
  1. 17.Duty to report to Parliament on UK food security
2. Chapter 2
  Intervention in agricultural markets
  1. Exceptional market conditions
    1. 18.Declaration relating to exceptional market conditions
    2. 19.Exceptional market conditions: powers available to Secretary of State
  2. Retained direct EU legislation relating to public market intervention and private storage aid
    1. 20.Modification in connection with exceptional market conditions and for
      general purposes
Part 3
Transparency and fairness in the agri-food supply chain
1. Chapter 1
  Collection and sharing of data
2. Chapter 2
  Fair dealing with agricultural producers and others in the supply chain
  1. 27.Fair dealing obligations of business purchasers of agricultural products
3. Chapter 3
  Producer organisations
Part 4
Matters relating to farming and the countryside
Part 5
Marketing standards, organic products and carcass classification
Part 6
WTO Agreement on Agriculture
Part 7
Wales and Northern Ireland
Part 8
General and final provisions

Chris F · Jan 16, 2020

Pages 1-10

A
BILL
TO

Authorise expenditure for certain agricultural and other purposes; to make
provision about direct payments following the United Kingdom’s departure
from the European Union and about payments in response to exceptional
market conditions affecting agricultural markets; to confer power to modify
retained direct EU legislation relating to agricultural and rural development
payments and public market intervention and private storage aid; to make
provision about reports on food security; to make provision about the
acquisition and use of information connected with food supply chains; to
confer powers to make regulations about the imposition of obligations on
business purchasers of agricultural products, marketing standards, organic
products and the classification of carcasses; to make provision for the
recognition of associations of agricultural producers which may benefit from
certain exemptions from competition law; to make provision about fertilisers;
to make provision about the identification and traceability of animals; to make
provision about red meat levy in Great Britain; to make provision about
agricultural tenancies; to confer power to make regulations about securing
compliance with the WTO Agreement on Agriculture; and for connected
purposes.

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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Financial assistance
CHAPTER 1 New financial assistance powers
1 Secretary of State’s powers to give financial assistance
(1)5The Secretary of State may give financial assistance for or in connection with any one
or more of the following purposes—
(a)managing land or water in a way that protects or improves the environment;
(b)supporting public access to and enjoyment of the countryside, farmland or
woodland and better understanding of the environment;
(c)10managing land or water in a way that maintains, restores or enhances cultural
or natural heritage;
(d)managing land, water or livestock in a way that mitigates or adapts to climate
change;
(e)managing land or water in a way that prevents, reduces or protects from
15environmental hazards;
(f)protecting or improving the health or welfare of livestock;
(g)conserving native livestock, native equines or genetic resources relating to any
such animal;
(h)protecting or improving the health of plants;
(i)20conserving plants grown or used in carrying on an agricultural, horticultural
or forestry activity, their wild relatives or genetic resources relating to any
such plant;
(j)protecting or improving the quality of soil.
(2)The Secretary of State may also give financial assistance for or in connection with
25either or both of the following purposes—
(a)starting, or improving the productivity of, an agricultural, horticultural or
forestry activity;
(b)supporting ancillary activities carried on, or to be carried on, by or for a
producer.
(3)30Financial assistance may only be given in relation to England.
(4)In framing any financial assistance scheme, the Secretary of State must have
regard to the need to encourage the production of food by producers in
England and its production by them in an environmentally sustainable way.
(5)For the purposes of this section—

35“ancillary activities” means selling, marketing, preparing, packaging,
processing or distributing products deriving from an agricultural,
horticultural or forestry activity;
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“better understanding of the environment” includes better understanding
of agroecology;
“conserving” includes restoring or enhancing—
(a)
a population of a relevant species;
(b)
5in the case of animals or plants in the wild, a habitat;
“cultural or natural heritage” includes uplands and other landscapes;
“improving productivity”, in relation to carrying on an activity,
includes—
(a)
improving the quality of any products deriving from the
10activity, and
(b)
improving the efficiency of the activity in terms of the resources
used in, or in connection with, it;
“livestock” includes any creature kept for the production of food, drink,
oils, fibres or leathers, or for the purpose of its use in the farming of
15land;
“producer” means a person who carries on, or is to carry on, an
agricultural, horticultural or forestry activity.

(6)In this Chapter—

“financial assistance” means financial assistance under this section;
20“financial assistance scheme” means a scheme for giving financial
assistance.

2Financial assistance: forms, conditions, delegation and publication of
information
(1)Financial assistance may be given by way of grant, loan or guarantee or in any
25other form.
(2)Financial assistance may be given subject to such conditions as the Secretary of
State considers appropriate.
(3)The conditions may (among other things) include provision under which the
financial assistance is to be repaid or otherwise made good (with or without
30interest).
(4)Financial assistance may be given to a person in connection with a third party
scheme made or operated by that person.
(5)In subsection (4) “third party scheme” means a scheme for giving financial
support for any one or more of the purposes in section 1(1) and (2) which is not
35made or operated on behalf of the Secretary of State.
(6)The Secretary of State may delegate functions relating to the giving of financial
assistance to any other person.
(7)Functions delegated under subsection (6) may include—
(a)the giving of guidance;
(b)40the exercise of a discretion.
(8)The Secretary of State may by regulations make provision for or in connection
with requiring the Secretary of State or another person to publish specified
information about financial assistance which has been given.
(9)Information which may be specified includes information about—
(a)45the recipient of the financial assistance;
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(b)the amount of the financial assistance;
(c)the purpose for which the financial assistance was given.
(10)Regulations under subsection (8) are subject to affirmative resolution
procedure.
(11)5In this section “specified” means specified by regulations under subsection (8).
3Financial assistance: checking, enforcing and monitoring
(1)The Secretary of State may by regulations make provision for or in connection
with—
(a)checking whether eligibility criteria for receipt of financial assistance
10are met and the consequences, where financial assistance has already
been given, if not;
(b)enforcing compliance with conditions subject to which financial
assistance is given;
(c)monitoring the extent to which the purpose of financial assistance has
15been achieved;
(d)the investigation of suspected offences in connection with applications
for, or receipt of, financial assistance.
(2)Regulations under subsection (1) may (among other things) include
provision—
(a)20about the provision of information;
(b)conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
(d)about the process for determining if eligibility criteria, or conditions
subject to which financial assistance is given, are met;
(e)25about the keeping of records;
(f)about the recovery or making good of all or any part of financial
assistance which has been given (with or without interest) or the
withholding of all or any part of financial assistance;
(g)imposing monetary penalties (including penalties calculated by
30reference to the amount of financial assistance);
(h)prohibiting a person from receiving financial assistance, or financial
assistance of a specified description, for a specified period or until
specified conditions are satisfied;
(i)about appeals;
(j)35conferring functions (including functions involving the exercise of a
discretion) on a person.
(3)Regulations under this section may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace.
(4)The provision which may be made under subsection (2)(f) includes provision
40for interest on any recoverable amount to be payable from such day (whether
the day on which the financial assistance in question was given or a later day)
as may be provided for in, or determined under, the regulations.
(5)Regulations under this section are subject to affirmative resolution procedure.
(6)In this section “specified” means specified by, or determined under,
45regulations under subsection (1).
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4Multi-annual financial assistance plans
(1)The Secretary of State must from time to time prepare a document (a “multi-
annual financial assistance plan”) giving information about the expected use of
the powers conferred on the Secretary of State by section 1 during the period
5to which the plan relates (the “plan period”).
(2)A multi-annual financial assistance plan must (as a minimum)—
(a)specify the plan period,
(b)set out the Government’s strategic priorities for giving financial
assistance during the plan period, and
(c)10describe, in such manner and giving such detail as the Secretary of State
considers appropriate, each financial assistance scheme that—
(i)is in operation, or
(ii)the Secretary of State expects to come into operation during the
plan period.
(3)15The plan period for the first plan is the period of seven years beginning with 1
January 2021.
(4)The plan period for a subsequent plan may not be shorter than five years.
(5)The Secretary of State must ensure that the plan period for a plan does not
expire without a new plan being in place for a plan period beginning the day
20after the last day of the expiring plan period.
(6)A plan prepared under this section must be laid before Parliament, and
published, by the Secretary of State before the beginning of the plan period.
(7)Where, before the end of the plan period for a plan—
(a)the Government’s strategic priorities for giving financial assistance
25change, or
(b)it appears to the Secretary of State that any information given in the
plan by virtue of subsection (2)(c) has ceased to be accurate and
complete,
the Secretary of State must amend the plan accordingly as soon as it is
30practicable to do so.
(8)A document setting out amendments being made to a plan must be laid before
Parliament, and published, by the Secretary of State, as soon as practicable
after being prepared.
(9)The Secretary of State must have regard to the strategic priorities set out in the
35plan by virtue of subsection (2)(b) when determining—
(a)what financial assistance to give;
(b)the overall budget for, or for any period of operation of, a financial
assistance scheme.
(10)In this section “the Government” refers to Her Majesty’s Government in the
40United Kingdom.
5Annual and other reports on amount of financial assistance given
(1)For each financial year the Secretary of State must prepare a report (“the annual
report”) about the financial assistance given during the year.
(2)The first year to which subsection (1) applies is financial year 2021-22.
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(3)The annual report must include the following information—
(a)the total amount of financial assistance given;
(b)the total amount of financial assistance given under the financial
assistance schemes in operation during the year (taken together);
(c)5the required information about each financial assistance scheme in
operation during the year (see subsection (4));
and the report may include any other information the Secretary of State
considers appropriate.
(4)The required information about a financial assistance scheme is—
(a)10the total amount of financial assistance given under the scheme, and
(b)the extent to which that assistance met any obligation or commitment
under the terms of the scheme as to the timing and amounts of financial
assistance to be given during the year.
(5)For the purposes of subsections (3) and (4), information about amounts of
15financial assistance given otherwise than by way of grant may be included in
the report in such manner as the Secretary of State considers most appropriate.
(6)The Secretary of State may also prepare—
(a)interim reports about the amount of financial assistance given during
any period within a financial year;
(b)20other reports about the amount of financial assistance that has been
given.
(7)The Secretary of State must, after preparing a report under this section—
(a)lay a copy of the report before Parliament, and
(b)publish the report.
(8)25In the case of an annual report, the Secretary of State must comply with
subsection (7) before 1 October in the financial year following the year to which
the report relates.
6Monitoring impact of financial assistance etc
(1)The Secretary of State must, in relation to each financial assistance scheme—
(a)30monitor the impact of the scheme, and
(b)make one or more reports on the impact and effectiveness of the
scheme (having had regard to the findings of that monitoring).
(2)The Secretary of State may, in relation to any financial assistance given
otherwise than under a financial assistance scheme—
(a)35monitor the impact of the financial assistance, and
(b)make one or more reports on the impact and effectiveness of the
financial assistance (having had regard to the findings of that
monitoring).
(3)Monitoring under subsection (1) or (2) must be carried out in such manner and
40for such period or periods as the Secretary of State considers appropriate for
the scheme or other financial assistance in question.
(4)The number and frequency of reports made under subsection (1) or (2) are to
be as the Secretary of State considers appropriate for the scheme or other
financial assistance in question.
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(5)Every such report must be laid before Parliament, and published, by the
Secretary of State.

CHAPTER 2Direct payments after EU exit
7Meaning of “basic payment scheme” and other expressions in Chapter 2
(1)5This section defines or explains expressions used in this Chapter.
(2)The “basic payment scheme” is the Basic Payment Scheme under the Direct
Payments Regulation (see Title III of that Regulation), as it operates in relation
to England, including the arrangements relating to each of the following
elements of direct payments under that scheme—
(a)10so much of a direct payment that does not consist of a greening or
young farmers payment (see Chapter 1 of Title III),
(b)a greening payment (see Chapter 3 of Title III), and
(c)a young farmers payment (see article 50 of that Regulation).
(3)The “legislation governing the basic payment scheme” is—
(a)15the following retained direct EU legislation—
(i)the Direct Payments Regulation;
(ii)any Council Delegated Regulation, or Commission Delegated
Regulation, made under the Direct Payments Regulation;
(iii)any other retained direct EU legislation which relates to the
20operation of the basic payment scheme, and
(b)any subordinate legislation relating to retained direct EU legislation
falling within paragraph (a).
(4)The “agricultural transition period for England” is the period for the time being
specified in section 8(1).
(5)25References to a direct payment under the basic payment scheme are to any
payment under that scheme, whether or not including a greening payment, a
young farmers payment or both elements.
(6)“Delinked payment” has the meaning given by section 12(2)(a).
(7)“Relevant payment” means—
(a)30a direct payment under the basic payment scheme, or
(b)a delinked payment.
(8)The “Direct Payments Regulation” is 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
35framework of the common agricultural policy.
8The agricultural transition period for England and the termination of relevant
payments
(1)The agricultural transition period for England is the period of seven years
starting with 2021.
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(2)After the end of that period no relevant payments are to be made in relation to
England, otherwise than in respect of the last year of that period (or an earlier
year).
(3)The Secretary of State may by regulations amend subsection (1) for the purpose
5of extending the period specified there.
(4)That power—
(a)may be exercised more than once;
(b)may not be exercised if the agricultural transition period for England
has already ended.
(5)10Regulations under subsection (3) are subject to affirmative resolution
procedure.
9Power to modify legislation governing the basic payment scheme
(1)The Secretary of State may by regulations modify legislation governing the
basic payment scheme, so far as it operates in relation to England, for or in
15connection with making changes the Secretary of State considers would serve
any one or more of the following purposes—
(a)simplifying the administration of the scheme or otherwise making its
operation more efficient or effective;
(b)removing provisions which are spent or of no practical utility;
(c)20removing or reducing burdens, or the overall burdens, on persons
applying for, or entitled to, direct payments under the scheme or
otherwise improving the way that the scheme operates in relation to
them;
(d)securing that any sanction or penalty imposed under the scheme is
25appropriate and proportionate;
(e)limiting the application of the scheme to land in England only.
(2)The provision which may be made under subsection (1) includes provision
made for or in connection with terminating greening payments in relation to
England before the end of the agricultural transition period for England so
30long as that provision does not reduce the amount of a direct payment to which
a person would have been entitled had the provision not been made.
(3)In this section, “burden” includes—
(a)a financial cost;
(b)an administrative inconvenience;
(c)35an obstacle to efficiency, productivity or profitability.
(4)Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).
10Power to provide for the continuation of the basic payment scheme beyond
2020
(1)40The Secretary of State may by regulations modify legislation governing the basic
payment scheme to make provision for or in connection with securing that the basic
payment scheme continues to operate in relation to England for one or more years
beyond 2020 until payments cease by virtue of section 8(2) or 12(7)(a).
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(2)The power conferred by subsection (1) includes power to provide for the direct
payments ceiling for England for any relevant year to be determined, in a
specified manner, by the Secretary of State.
(3)Provision made by virtue of subsection (2)—
(a)5must require a determination in respect of a relevant year to be
published as soon as practicable after it has been made, and
(b)may confer functions on any person in connection with, or with the
making of, a determination in respect of a relevant year.
(4)In this section—

10“the direct payments ceiling for England” is the national ceiling of the
kind referred to in Article 6 of the Direct Payments Regulation that is
applicable in relation to England for any relevant year;
“relevant year” means a year within the agricultural transition period for
England in respect of which direct payments under the basic payment
15scheme fall to be made in relation to England;
“specified” means specified in regulations under this section.

(5)Nothing in this section affects any power under this Chapter or any other
enactment to amend or revoke provisions of the legislation governing the basic
payment scheme for any year or years beyond 2020.
(6)20Regulations under this section are subject to affirmative resolution procedure.
11Power to provide for phasing out direct payments
(1)The Secretary of State may by regulations make provision for or in connection
with phasing out direct payments under the basic payment scheme in relation
to England over the agricultural transition period for England.
(2)25See section 12(7) for circumstances in which subsection (1) (with any
regulations made under it) may cease to have effect before the end of that
period by virtue of provision for delinked payments having been made.
(3)In subsection (1) “phasing out”, means taking steps to secure that, on one or
more occasions before the end of the agricultural transition period for England,
30there are reductions in the amounts paid out to some or all of those entitled to
receive direct payments under the basic payments scheme.
(4)If provision for terminating greening payments is made under section 9(2)
(whether before or after the start of the agricultural transition period for
England) subsection (1) above has effect as if the reference to direct payments
35does not include (or no longer includes) the greening payment element of
direct payments.
(5)Regulations under this section are subject to affirmative resolution procedure.
12Power to make delinked payments
(1)The Secretary of State may by regulations make provision for or in connection with the
40making of delinked payments in relation to England (in place of direct payments under
the basic payment scheme in relation to England).
(2)For this purpose—
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(a)a delinked payment is a payment, with respect to a year within the
delinking period, which is made in accordance with the regulations to
a person who is under the regulations entitled to receive it, and
(b)the delinking period is the period which—
(i)5begins with a year (other than 2021) that is specified in the
regulations, and
(ii)ends on the last day of the agricultural transition period for
England.
(3)Regulations under this section making provision for the making of delinked
10payments must—
(a)specify the descriptions of persons who, in respect of a year within the
delinking period, are entitled to receive a delinked payment (whether
or not they are required by the regulations to make an application or do
anything else before anything becomes payable), and
(b)15make provision setting out rules for determining the amount of the
delinked payment to be made to an entitled person with respect to any
year.
(4)Regulations under this section may make provision—
(a)for a person who makes a request in accordance with the regulations to
20cease to be regarded as a person entitled to receive delinked payments,
(b)for other circumstances in which a person ceases to be entitled to
receive such payments, and
(c)for the repayment (with or without interest) of any amount paid as a
delinked payment to which the recipient was not entitled.
(5)25A description of persons specified under subsection (3)(a) may (but need not)
be framed by reference to whether they were entitled to a direct payment
under the basic payment scheme in respect of a specific year (or one of several
specific years) prior to the first year of the delinking period.
(6)Rules set out under subsection (3)(b) for determining the amount of any
30delinked payment to be made to a person may (but need not) be framed by
reference to the amount of a direct payment to which the person was entitled,
or if specific assumptions are made would have been entitled, under the basic
payment scheme.
(7)If provision for the making of delinked payments is made under this section—
(a)35no direct payments under the basic payment scheme in relation to
England are to be made otherwise than in respect of the last year before
the delinking period (or an earlier year), and
(b)section 11(1) (with any regulations made under it) ceases to have effect
at the end of that last year, except in relation to direct payments in
40respect of that last year (or an earlier year).
(8)Regulations under this section are subject to affirmative resolution procedure.
13Power to provide for lump sum payments in lieu of relevant payments
(1)The Secretary of State may by regulations make provision for or in connection
with the payment of lump sums to eligible persons.
(2)45For this purpose an eligible person is a person who—
(a)applies for payment of a lump sum under the regulations,

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(b)is entitled to a relevant payment in a respect of a year other than the last
year of the agricultural transition period for England (whether or not
an application for that payment has been made), and
(c)meets any other eligibility conditions set out in the regulations.
(3)5A lump sum paid to such a person under the regulations is received in lieu of
the payment mentioned in subsection (2)(b) and any further relevant payment
or payments to which the person might otherwise have become entitled.
(4)Regulations under this section may make provision as to the circumstances in
which lump sums are to be payable (in addition to the requirements of
10subsection (2)).
(5)Regulations under this section are subject to affirmative resolution procedure.

CHAPTER 3Other financial support after EU exit
14General provision connected with payments to farmers and other
beneficiaries
(1)15The Secretary of State may by regulations modify the following legislation so
far as it operates in relation to England—
(a)retained direct EU legislation relating to the financing, management
and monitoring of the common agricultural policy, and
(b)subordinate legislation relating to that legislation.
(2)20Regulations under this section may only be made for or in connection with
making changes that the Secretary of State considers would serve any one or
more of the following purposes—
(a)securing that any provision of legislation referred to in subsection (1)
ceases to have effect;
(b)25simplifying the operation of any provision of such legislation, or
making its operation more efficient or effective;
(c)removing or reducing burdens, or the overall burdens, imposed by
such legislation on persons applying for, or in receipt of, payments
governed by the legislation, or otherwise improving the way that the
30legislation operates in relation to such persons;
(d)securing that any sanction or penalty imposed by such legislation is
appropriate and proportionate.
(3)In this section—

“burden” includes—
(a)
35a financial cost;
(b)
an administrative inconvenience;
(c)
an obstacle to efficiency, productivity or profitability;
“retained direct EU legislation relating to the financing, management and
monitoring of the common agricultural policy” includes—
(a)
40Regulation (EU) No 1306/2013 of the European Parliament and
of the Council of 17 December 2013 on the financing,
management and monitoring of the common agricultural
policy;
(b)
any retained direct EU legislation made under that Regulation;
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(c)
the legacy regulations.

(4)In subsection (3), the “legacy regulations” means retained direct EU legislation
relating to the financing, management and monitoring of the common
agricultural policy that preceded Regulation (EU) No 1306/2013 and
5includes—
(a)Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing
of the common agricultural policy;
(b)Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying
down detailed rules for the implementation of Council Regulation (EC)
10No 1698/2005, as regards the implementation of control procedures as
well as cross-compliance in respect of rural development support
measures;
(c)Commission Regulation (EU) No 65/2011 of 27 January 2011 laying
down detailed rules for the implementation of Council Regulation (EC)
15No 1698/2005, as regards the implementation of control procedures as
well as cross-compliance in respect of rural development support
measures.
(5)Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).
1520Aid for fruit and vegetable producer organisations
(1)The Secretary of State may by regulations modify the following retained direct
EU legislation for the purpose of securing that it ceases to have effect in relation
to England—
(a)Articles 32 to 38 of the CMO Regulation, which make provision about
25aid for fruit and vegetable producer organisations (“producer
organisations aid”);
(b)so far as relating to producer organisations aid, Commission Delegated
Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO
Regulation with regard to the fruit and vegetable, and processed fruit
30and vegetable, sectors;
(c)so far as relating to producer organisations aid, Council Implementing
Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the
application of the CMO Regulation with regard to the fruit and
vegetable, and processed fruit and vegetable, sectors.
(2)35Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).
16Support for rural development
(1)The Secretary of State may by regulations modify the Rural Development Regulation
and retained direct EU legislation made under that Regulation, as it has effect in
40relation to England, for or in connection with—
(a)extending the period to which the core contribution relates;
(b)amending the amount of the core contribution;
(c)changing the currency in which the core contribution is expressed;
(d)amending Annex 1 of the Regulation (support for rural development).
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(2)In subsection (1), the “core contribution” means the amount for the time being
specified in Article 58(1) of the Rural Development Regulation as being the
core contribution to rural development.
(3)The Secretary of State may by regulations modify retained direct EU legislation
5relating to support for rural development, as it has effect in relation to England,
for or in connection with—
(a)removing a requirement that the commitment period in relation to
support for a measure must be at least 5 years;
(b)removing a restriction on extending the commitment period in relation
10to support for a measure;
(c)enabling, in connection with financial assistance under section 1, the
conversion or adjustment of commitments that have been made;
(d)securing that any provision of the legislation ceases to have effect.
(4)The provision which may be made under subsection (3)(b) includes
15provision—
(a)removing requirements for extensions to be made on an annual basis,
(b)securing that the Secretary of State may extend a commitment period
whenever the Secretary of State considers it appropriate to do so, and
(c)removing requirements for provision about extending the commitment
20period to be included in a rural development programme.
(5)The Secretary of State may by regulations modify the Common Provisions
Regulation and retained direct EU legislation made under that Regulation, as
it has effect in relation to England, for or in connection with extending the
deadline by which a payment must have been made in order for it to be eligible
25for support for rural development (see Article 65 of the Common Provisions
Regulation).
(6)In this section—

“the Common Provisions Regulation” means Regulation (EU) No 1303/
2013 of the European Parliament and of the Council of 17 December
302013 laying down common provisions on the European Regional
Development Fund, the European Social Fund, the Cohesion Fund, the
European Agricultural Fund for Rural Development and the European
Maritime and Fisheries Fund etc;
“retained direct EU legislation relating to support for rural development”
35means—
(a)
the Rural Development Regulation,
(b)
Regulation (EU) No 1310/2013 of the European Parliament and
of the Council of 17 December 2013 laying down certain
transitional provisions on support for rural development,
(c)
40the legacy regulations, and
(d)
retained direct EU legislation made under the legislation in
paragraphs (a) to (c);
“the Rural Development Regulation” means Regulation (EU) No 1305/
2013 of the European Parliament and of the Council of 17 December
452013 on support for rural development.

(7)In subsection (6), “the legacy regulations” means retained direct EU legislation
relating to support for rural development that preceded the Rural
Development Regulation and includes—
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(a)Council Regulation (EC) No 1698/2005 of 20 September 2005 on
support for rural development,
(b)Council Regulation (EC) No 1257/99 of 17 May 1999 on support for
rural development,
(c)5Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a
Community aid scheme for forestry measures in agriculture,
(d)Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the
protection of the environment and the maintenance of the countryside,
10and
(e)Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a
Community scheme to encourage the cessation of farming.
(8)Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).

15Part 2Food and agricultural markets
CHAPTER 1Food security
17Duty to report to Parliament on UK food security
(1)The Secretary of State must, at least once every five years, prepare and lay
20before Parliament a report containing an analysis of statistical data relating to
food security in the United Kingdom.
(2)The data analysed in the report may include (among other things) data about
the following matters—
(a)global food availability;
(b)25supply sources for food (including the range of supply sources and the
availability to the public of food from domestic and other sources);
(c)the resilience of the supply chain for food (including in response to
disruptions in, or significant price increases for, the supply of energy);
(d)household expenditure on food (including in comparison to
30expenditure on other items);
(e)food safety and consumer confidence in food.

CHAPTER 2Intervention in agricultural markets
Exceptional market conditions
18Declaration relating to exceptional market conditions
(1)35The Secretary of State may make and publish a declaration in accordance with
this section if the Secretary of State considers that there are exceptional market
conditions which justify making the powers conferred by or referred to in
section 19 available for use.
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(2)In this Part “exceptional market conditions” exist where—
(a)there is a severe disturbance in agricultural markets or a serious threat
of a severe disturbance in agricultural markets, and
(b)the disturbance or threatened disturbance has, or is likely to have, a
5significant adverse effect on agricultural producers in England in terms
of the prices achievable for one or more agricultural products.
(3)A declaration must—
(a)state that the Secretary of State considers that there are exceptional
market conditions which justify making the declaration,
(b)10describe the exceptional market conditions in question, in particular by
specifying—
(i)the disturbance or threatened disturbance in agricultural
markets,
(ii)any agricultural product which is or is likely to be affected by
15the disturbance or threatened disturbance, and
(iii)the grounds for considering that the conditions in subsection
(2)(a) and (b) are met in relation to that disturbance or
threatened disturbance,
(c)describe the grounds for considering that the exceptional market
20conditions justify making the powers conferred by or referred to in
section 19 available for use, and
(d)state that the powers conferred by or referred to in section 19 are (unless
the declaration is revoked sooner) available for use in relation to the
exceptional market conditions until such day as the declaration may
25specify.
(4)A declaration has effect from when it is published until the end of the day
specified under subsection (3)(d) (which may not be later than the last day of
the period of three months beginning with the day on which it is published).
(5)The Secretary of State may revoke a declaration by making and publishing a
30further declaration stating that the declaration is revoked.
(6)If at any time during the period of seven days ending with the day specified
under subsection (3)(d) the Secretary of State considers that—
(a)there continue to be exceptional market conditions, and
(b)they justify extending the availability of the powers conferred by or
35referred to in section 19,
the Secretary of State may make and publish a further declaration extending
the effect of the original declaration for such period (not exceeding three
months) as the further declaration may specify.
(7)The fact that a declaration under this section has expired or been revoked does
40not prevent the Secretary of State from making and publishing another
declaration relating in whole or part to the same exceptional market
conditions.
(8)A copy of any declaration made and published under this section must be laid
before Parliament by the Secretary of State as soon as practicable after it is
45published.
(9)In this section and section 19 a reference to agricultural markets, agricultural
producers or agricultural products includes horticultural markets,
horticultural producers or horticultural products (as the case may be).
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19Exceptional market conditions: powers available to Secretary of State
(1)This section applies during the period for which a declaration under section 18
has effect.
(2)The Secretary of State may give, or agree to give, financial assistance to agricultural
5producers in England whose incomes are being, or are likely to be, adversely affected by
the exceptional market conditions described in the declaration.
(3)The Secretary of State may also make such use as the Secretary of State
considers appropriate of any available powers under retained direct EU
legislation which provides for the operation of public intervention and aid for
10private storage mechanisms, in response to a declaration under section 18.
(4)Financial assistance under subsection (2) may be given by way of grant, loan or
guarantee or in any other form.
(5)The financial assistance may be given subject to such conditions as the
Secretary of State considers appropriate.
(6)15The conditions may (among other things) include provision under which the
financial assistance is to be repaid or otherwise made good (with or without
interest).
(7)Nothing in subsection (1) or (2) prevents the Secretary of State from giving, or
agreeing to give, financial assistance under subsection (2)—
(a)20after the end of the period for which the declaration has effect, but
(b)in response to an application duly made during that period.

Retained direct EU legislation relating to public market intervention and private storage aid
20Modification in connection with exceptional market conditions and for
general purposes
(1)25The Secretary of State may by regulations modify retained direct EU legislation
relating to public market intervention or aid for private storage, for the purpose of
altering the operation of provisions of such legislation so far as they have effect in
relation to England in connection with exceptional market conditions which are the
subject of a declaration under section 18.
(2)30The Secretary of State may by regulations modify retained direct EU legislation
relating to public market intervention or aid for private storage, for either or
both of the following purposes—
(a)securing that provisions of such legislation cease to have effect in
relation to England, otherwise than in connection with exceptional
35market conditions which are the subject of a declaration under section
18;
(b)altering the operation of provisions of such legislation so far as they
have effect in relation to England, otherwise than in connection with
such market conditions (pending the achievement of the purpose in
40paragraph (a) in relation to those provisions).
(3)The power conferred by subsection (1) includes power to make modifications
that apply only in relation to the exceptional market conditions which are the
subject of a particular declaration specified in the regulations.
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(4)The powers conferred by subsections (1) and (2) include power to change the
agricultural products that are eligible for public market intervention or aid for
private storage.
(5)Regulations under this section are subject to negative resolution procedure
5(unless section 47(5) applies).
(6)In this section “retained direct EU legislation relating to public market
intervention or aid for private storage” includes—
(a)Articles 8 to 18 of the CMO Regulation;
(b)Council Regulation (EU) No 1370/2013 of 16 December 2013
10determining measures on fixing certain aids and refunds related to the
common organisation of the markets in agricultural products (so far as
relating to public market intervention and aid for private storage);
(c)the following Commission Regulations (so far as relating to public
market intervention and aid for private storage)—
(i)15Commission Delegated Regulation (EU) 2016/1238 of 18 May
2016 supplementing the CMO Regulation with regard to public
intervention and aid for private storage;
(ii)Commission Implementing Regulation (EU) 2016/1240 of 18
May 2016 laying down rules for the application of the CMO
20Regulation with regard to public intervention and aid for
private storage;
(iii)Commission Delegated Regulation (EU) 2017/1182 of 20 April
2017 supplementing the CMO Regulation as regards the Union
scales for the classification of beef, pig and sheep carcasses and
25as regards the reporting of market prices of certain categories of
carcasses and live animals.
(7)Until paragraph 1 of Schedule 7 (amendment of Articles 219, 220, 221 and 222
of the CMO Regulation) is in force, any reference in this section to exceptional
market conditions which are the subject of a declaration under section 18
30includes a reference to circumstances which are the subject of measures under
any of those Articles.

Part 3Transparency and fairness in the agri-food supply chain
CHAPTER 1Collection and sharing of data
2135Agri-food supply chains: requirement to provide information
(1)The Secretary of State may require a person in, or closely connected with, an
agri-food supply chain to provide information about matters connected with
any of the person’s activities connected with the supply chain so far as the
activities are in England.
(2)40The Secretary of State may make regulations requiring a person in, or closely
connected with, an agri-food supply chain to provide information about
matters connected with any of the person’s activities connected with the
supply chain so far as the activities are in England.
(3)See section 22 for provision about—
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(a)the meaning of “agri-food supply chain”,
(b)who is in such a supply chain, and
(c)who is closely connected with such a supply chain.
(4)Subsections (1) and (2) do not apply in relation to individuals in a supply chain
5so far as they are in the supply chain by reason of them, or members of their
households, being the ultimate consumers (see section 22).
(5)A requirement imposed on a person under subsection (1) or (2) does not apply
to so much of the information as the person would in legal proceedings be
entitled to refuse to provide on grounds of legal privilege.
(6)10A requirement under subsection (1) must be in writing.
(7)Subsection (1) binds the Crown.
(8)Regulations under subsection (2) are subject to affirmative resolution
procedure.
22Meaning of “agri-food supply chain”
(1)15This section has effect for the purposes of this Chapter.
(2)An “agri-food supply chain” is a supply chain for providing individuals with
items of food or drink for personal consumption where the items consist of or
include, or have been produced using (directly or indirectly, and whether or
not exclusively), the whole or part of—
(a)20anything grown or otherwise produced in carrying on agriculture,
(b)any creature kept in carrying on agriculture, or
(c)any creature or other thing taken from the wild.
(3)The persons in an agri-food supply chain are—
(a)those individuals (“the ultimate consumers”),
(b)25the persons carrying on the agriculture or (as the case may be) taking
things from the wild, and
(c)anybody in the supply chain between those persons and the ultimate
consumers.
(4)The persons “closely connected” with an agri-food supply chain are—
(a)30anybody supplying seeds, stock, equipment, feed, fertiliser, pesticides,
medicines or similar items to the persons within subsection (3)(b) for
use in the agriculture or taking,
(b)anybody providing, to persons within subsection (3)(b) or (c), services
related to—
(i)35the health of creatures, or plants, involved in the supply chain,
or
(ii)the safety or quality of the food or drink to be provided to the
ultimate consumers,
(c)any person carrying on activities capable of affecting a matter
40mentioned in sub-paragraph (i) or (ii) of paragraph (b), and
(d)bodies representing persons within any of paragraphs (b) and (c) of
subsection (3) and paragraphs (a), (b) and (c) of this subsection.
(5)Activities of the kind mentioned in subsection (4)(c) are to be treated for the
purposes of section 21(1) and (2) as connected with the supply chain, but this
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is not to be read as limiting the generality of “connected” in section 21(1) and
(2).
(6)In this section—

“agriculture” includes any growing of plants, and any keeping of
5creatures, for the production of food or drink;
“plants” includes fungi;
“seeds” includes bulbs and other things from which plants grow.

23Requirement must specify purposes for which information may be processed
(1)This section applies to a requirement imposed under section 21(1) or (2).
(2)10The requirement must specify the purposes for which the information may be
processed.
(3)Each purpose specified must be in, or covered by, the list of purposes in
subsection (4).
(4)The list of purposes is as follows—
(a)15helping persons in agri-food supply chains to—
(i)increase productivity,
(ii)manage risks (including, but not limited to, financial risks, non-
financial trading risks, climatic risks, and risks of or from
disease or pollution), or
(iii)20manage market volatility;
(b)promoting transparency or fairness in agri-food supply chains;
(c)promoting the health, welfare or traceability of creatures of a kind kept
for the production of food, drink, fibres or leathers;
(d)promoting the health or quality of plants, fungi or soil;
(e)25minimising adverse environmental effects of activities connected with
agri-food supply chains;
(f)minimising waste arising from activities connected with agri-food
supply chains;
(g)monitoring, or analysing, markets connected with agri-food supply
30chains.
(5)For the meaning of “agri-food supply chain” (and “person in” such a chain) see
section 22.
24Requirements under section 21(1): duty to publish draft requirement
(1)Before a particular requirement is imposed under section 21(1), the Secretary
35of State must have—
(a)published—
(i)a draft of the requirement,
(ii)a description of the persons on whom it is proposed that the
requirement may be imposed, and
(iii)40the deadline for making comments on the draft, which must not
be earlier than 4 weeks after the date of publication, and
(b)decided, in the light of comments received before the deadline (and any
other relevant matters), whether the requirement should be imposed in
the terms of the draft or in revised terms.
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(2)A requirement in the decided form may be imposed on a person at any times
after the decision when the person is within the published description.
25Provision of required information and limitations on its processing
(1)This section applies to a requirement imposed under section 21(1) or (2).
(2)5Information provided in response to the requirement may be processed for, but
only for, purposes specified in the requirement (see section 23).
(3)Subsection (2) applies—
(a)to the person to whom the information is provided, and
(b)to a person to whom the information is disclosed,
10but, in the case of a person within paragraph (b), subsection (2) does not
authorise processing contrary to the terms on which disclosure is made.
(4)Subsections (2) and (3) are subject to subsections (7) to (9).
(5)The requirement may specify how and when the required information is to be
provided, including (in particular)—
(a)15the person to whom the information is to be provided (who may be a
person other than the Secretary of State);
(b)the form in which the information is to be provided;
(c)the means by which it is to be provided;
(d)the time or times at which, or by when, it is to be provided.
(6)20The requirement must specify—
(a)the types of processing to which the information may be subjected, and
(b)if the types of processing specified include disclosure of any kind, the
forms in which the information may be disclosed.
(7)Information provided in response to the requirement—
(a)25may not be subjected to types of processing other than those specified
in the requirement, and
(b)may not be disclosed in any form other than those specified in the
requirement,
except in circumstances specified in the requirement.
(8)30Subsection (9) applies if—
(a)information is provided in response to the requirement, and
(b)a person (“P”) proposes to make a disclosure of the information that is
permitted by subsection (7).
(9)Where P proposes that the disclosure should be of the information otherwise
35than in anonymised form—
(a)P must consider whether the disclosure (if made in the form proposed)
would, or might, prejudice the commercial interests of any person, and
(b)if P considers that it would or might do so, the disclosure (if made)
must be of the information in anonymised form unless the Secretary of
40State considers that it is in the public interest for the disclosure to be of
the information in some other form permitted by subsection (7) (in
which event the disclosure may be of the information in that other
form).

Chris F · Jan 16, 2020

Pages 21-30

Agriculture BillPage 21
(10)In this Chapter “processing”, in relation to information, means an operation or
set of operations which is performed on information, or on sets of information,
such as—
(a)collection, recording, organisation, structuring or storage,
(b)5adaptation or alteration,
(c)retrieval, consultation or use,
(d)disclosure by transmission, dissemination or otherwise making
available,
(e)alignment or combination, or
(f)10restriction, erasure or destruction.
26Enforcement of information requirements
(1)The Secretary of State may by regulations make provision for enforcement of a
requirement imposed under section 21(1) or (2).
(2)In the following provisions of this section “specified” means specified in
15regulations under subsection (1).
(3)In subsection (1) “enforcement” includes (in particular)—
(a)monitoring compliance,
(b)investigating non-compliance, and
(c)dealing with non-compliance.
(4)20The provision that may be made by regulations under subsection (1) includes
(in particular)—
(a)provision for the imposition of monetary penalties for non-compliance
with requirements, whether penalties—
(i)of a specified amount,
(ii)25of an amount calculated in a specified manner,
(iii)of an amount, not exceeding a specified maximum or a
maximum calculated in a specified manner, decided by a
specified person or a person of a specified description, or
(iv)by way of suspending, or withholding, payment of any
30amounts;
(b)provision for recovery of amounts due in respect of monetary penalties,
including provision for any of interest, set-off and security for
payment;
(c)provision about the giving of advice or warnings;
(d)35provision for the acceptance of undertakings to take, or refrain from
taking, particular actions;
(e)provision giving persons functions in connection with enforcement of
requirements;
(f)provision about review of, or appeals against, things done (including
40decisions made) in connection with enforcement of requirements.
(5)In subsection (4)(a) “specified manner” includes (in particular) a manner
framed by reference to a specified matter such as a person’s profits, income or
turnover.
(6)Regulations under subsection (1) are subject to affirmative resolution
45procedure.
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CHAPTER 2Fair dealing with agricultural producers and others in the supply chain
27Fair dealing obligations of business purchasers of agricultural products
(1)The Secretary of State may make regulations—
(a)imposing obligations on business purchasers of agricultural products
5in relation to contracts they make for the purchase of agricultural
products from qualifying sellers;
(b)providing for the enforcement of obligations imposed under paragraph
(a).
(2)The powers under subsection (1) are exercisable for the purpose of promoting
10fair contractual dealing by business purchasers of agricultural products from
qualifying sellers.
(3)For the purposes of this section—
(a)the purchaser, in relation to a contract for the purchase of an
agricultural product, is a “business purchaser” if the person purchases
15the product in the course of carrying on a business that includes
purchasing products of that kind;
(b)the seller, in relation to a contract for the purchase of an agricultural
product, is a “qualifying seller” if the person (whether within or outside
the United Kingdom) is any of the following—
(i)20a person carrying on an agricultural activity for the production
of products of that kind or otherwise in connection with their
production;
(ii)a recognised producer organisation;
(iii)a recognised association of producer organisations;
(iv)25a produce aggregator (so far as not falling within sub-
paragraph (ii) or (iii)) for that product.
(4)In subsection (3)(b)(iv), a “produce aggregator” for a product means a person—
(a)who purchases products of that kind from more than one seller each of
whom is a qualifying seller in relation to the contract for the purchase,
30but
(b)who does not carry out any processing activities in relation to that kind
of product or any other kind of product which the person sells.
(5)For the purposes of subsection (4)(a), a seller may fall within paragraph (iv) of
subsection (3)(b) by virtue of an earlier application of subsection (4).
(6)35The kinds of obligation that regulations under this section may impose in
relation to a contract include—
(a)obligations to contract in writing;
(b)obligations to include, or not to include, in the contract terms dealing
with specified matters;
(c)40where terms dealing with specified matters are included in the contract
(whether or not by virtue of paragraph (b))—
(i)obligations relating to the provision that must be made by those
terms;
(ii)obligations to comply with specified principles and practices as
45to the provision that should be made by those terms.
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(7)The following are examples of the matters that may be specified under
subsection (6)(b) and (c)—
(a)the quantity and quality of products to be purchased;
(b)how products are to be provided (including timing of deliveries);
(c)5pricing mechanisms (including mechanisms for adjustments,
premiums and deductions);
(d)payment (including timing and method of payments);
(e)charges for processing, marketing or advertising products;
(f)exclusivity of contractual dealing;
(g)10the provision of information between the parties;
(h)variation of a contract (including notice periods for variation and
retrospective variations);
(i)duration and termination of a contract.
(8)The provision that may be made under subsection (1)(b) includes provision —
(a)15for complaints relating to alleged non-compliance to be referred to a
specified person;
(b)as to how those complaints are to be investigated and how an allegation
of non-compliance is to be determined;
(c)in the event of a determination of non-compliance, for the imposition
20on a business purchaser of agricultural products from a qualifying
seller of monetary penalties or a requirement to pay compensation (or
both);
(d)for appeals against such penalties or requirements.
(9)The powers under subsection (1)(b) include power to—
(a)25confer functions on any person;
(b)provide for a person to exercise a discretion in dealing with any matter.
(10)Regulations under this section are subject to affirmative resolution procedure.
(11)In this section—

“processing activities” includes activities such as butchering, baking,
30fermenting, rendering and preserving (whether by drying, canning,
bottling, freezing or otherwise) but does not include activities such as
packing, cleaning, sorting, transporting and storing;
“recognised association of producer organisations” means an association
recognised under section 28(3);
35“recognised producer organisation” means a producer organisation
recognised under section 28(1);
“specified” means specified in regulations under this section.

CHAPTER 3Producer organisations
28Producer and interbranch organisations etc: application for recognition
(1)40An organisation of agricultural producers that meets the conditions in
subsection (2) may apply to the Secretary of State to become a recognised
producer organisation.
(2)The conditions are—
Agriculture BillPage 24
(a)that the organisation is made up only of agricultural producers (its
“members”);
(b)that the organisation was formed on the initiative of one or more of its
members;
(c)5that the organisation has a specified minimum number of members, or
its members have a specified minimum production, or both;
(d)that the constitution of the organisation meets specified requirements;
(e)that the organisation carries out, on behalf of its members, one or more
specified activities;
(f)10that the organisation does not engage in specified unlawful activities.
(3)An association of recognised producer organisations that meets the conditions
in subsection (4) may apply to the Secretary of State to become a recognised
association of producer organisations.
(4)The conditions are—
(a)15that the association is made up only of recognised producer
organisations (its “members”);
(b)that the association was formed on the initiative of one or more of its
members.
(5)An organisation of agricultural businesses that meets the conditions in
20subsection (6) may apply to the Secretary of State to become a recognised
interbranch organisation.
(6)The conditions are—
(a)that the organisation is made up only of businesses carrying on—
(i)activities as an agricultural producer, or
(ii)25activities linked to any one or more agricultural sectors,
(its “members”);
(b)that the organisation has—
(i)at least one member that is an agricultural producer, and
(ii)at least one member involved in the processing or distribution
30of agricultural products;
(c)that the organisation was formed on the initiative of one or more of its
members;
(d)that the organisation has a specified minimum number of members, or
its members who are agricultural producers have a specified minimum
35production, or both;
(e)that the organisation carries out, on behalf of its members, one or more
specified activities;
(f)that the organisation does not engage in specified unlawful activities.
(7)In subsections (2)(f) and (6)(f) “unlawful activities” means activities which
40involve breaching a prohibition or failing to comply with a duty.
(8)In subsection (6)(a)) the reference to activities linked to an agricultural sector
are to activities carried on by the business as—
(a)a processor or distributor of agricultural products within that sector, or
(b)a producer, processor or distributor of products made (to any extent)
45from agricultural products within that sector.
(9)The Secretary of State may by regulations specify additional conditions that an
organisation of agricultural producers, an association of recognised producer
Agriculture BillPage 25
organisations or an organisation of agricultural businesses must meet in order
to be able to make an application under this section.
(10)The Secretary of State must by regulations specify the time period within
which an application under subsection (1), (3) or (5) must be determined.
(11)5The Secretary of State must notify a decision on whether to grant an application
to—
(a)the applicant, and
(b)the Competition and Markets Authority,
and, in the case of a decision to grant an application, must publish the decision
10online.
(12)The Secretary of State may by regulations make further provision about
applications under this section, such as provision about—
(a)the evidence to be supplied with an application;
(b)the factors to be taken into account in deciding an application;
(c)15time periods and deadlines;
(d)application fees;
(e)reviews and appeals.
(13)In this section—

“agricultural producer” means a producer operating in one or more
20agricultural sectors;
“agricultural product” means a product produced by a producer
operating within any agricultural sector (including, where relevant, a
live animal or plant);
“agricultural sector” means a sector listed in Schedule 1;
25“specified” means specified in regulations made by the Secretary of State.

(14)The Secretary of State may by regulations amend Schedule 1 for the purpose
of—
(a)adding, altering or removing an entry in the list of sectors;
(b)giving further detail on the sectors in that list (for example by adding
30definitions, making provision as to what falls, or does not fall, within a
sector or including any other interpretative material).
29Recognised organisations: competition exemptions and further provision
(1)Schedule 2 amends Schedule 3 to the Competition Act 1998 (general
exclusions) so as to exclude certain agreements between members of
35recognised organisations from the Chapter 1 prohibition.
(2)The Secretary of State may by regulations make further provision about
recognised organisations.
(3)The type of provision that may be made in the regulations includes—
(a)ongoing requirements with which a recognised organisation must
40comply;
(b)provision about the monitoring and enforcement of those
requirements.
(4)Provision made by virtue of subsection (3) may (among other things) include
provision—
(a)45about the provision of information;
Agriculture BillPage 26
(b)about the keeping of records;
(c)about the suspension or withdrawal of recognition;
(d)about appeals;
(e)conferring functions (including functions involving the exercise of a
5discretion) on a person.
(5)The regulations may also include provision about the extent to which, and the
circumstances in which, recognised organisations may delegate certain
functions, which may include a procedure requiring that an organisation
request permission from the Secretary of State.
(6)10In this section, “recognised organisation” means—
(a)a recognised producer organisation,
(b)a recognised association of producer organisations, or
(c)a recognised interbranch organisation.
30Regulations under sections 28 and 29
(1)15The power to make regulations under sections 28(9), (10) or (12) and 29
includes power to make provision allowing the Secretary of State to delegate
functions, including the function of deciding applications for recognition
under section 28.
(2)Regulations under sections 28(9), (10) or (12) and 29 may make additional or
20different provision, including in the case of section 28(9) an exemption from a
condition in section 28, in relation to a specified agricultural sector (“sector-
specific provision”) if the Secretary of State is satisfied that—
(a)there is a need for sector-specific provision due to market conditions or
other circumstances creating adverse effects on agricultural producers
25in that sector, and
(b)the sector-specific provision is appropriate to remedy or mitigate the
adverse effects.
Except as provided by this section, regulations under those provisions may not
make different provision in relation to different agricultural sectors.
(3)30Regulations under sections 28 and 29 are subject to negative resolution
procedure unless—
(a)section 47(5) applies,
(b)the regulations contain new sector-specific provision, or
(c)the regulations contain provision made under section 28(14).
(4)35Regulations under sections 28 and 29 which contain new sector-specific
provision or provision made under section 28(14) are subject to affirmative
resolution procedure.
(5)Before making regulations which contain such provision the Secretary of State
must consult—
(a)40persons who are representative of any agricultural sector (or any part
of an agricultural sector) to which the regulations will apply, and
(b)persons who may otherwise be affected by the sector-specific provision
or by the provision under section 28(14) (as the case may be).
(6)In this section—

45“agricultural sector” means a sector listed in Schedule 1;
Agriculture BillPage 27
“new sector-specific provision” means sector-specific provision that did
not apply by virtue of any retained direct EU legislation immediately
before this section comes into force.

Part 45Matters relating to farming and the countryside
31Fertilisers
(1)Part 4 of the Agriculture Act 1970 (fertilisers etc) is amended as follows.
(2)In section 66 (interpretation), in subsection (1), for the definition of “fertiliser”
substitute—

10“““fertiliser” means any material which, for the purpose of the
cultivation of plants or fungi, is intended to supply plants or
fungi or their seeds or spores with nutrients or to improve
nutritional efficiency;”.

(3)In section 74A (power to regulate fertilisers etc), in subsection (1), for “or
15content”, in both places, substitute “, content or function”.
(4)In that section, after subsection (1) insert—
“(1A)Regulations made under subsection (1) above with respect to fertilisers
may, for the purposes of assessing, monitoring or enforcing compliance
with such regulations or otherwise mitigating risks to human, animal
20or plant health or the environment presented by fertilisers, include
provision—
(a)for the carrying out of procedures to assess the composition,
content or function of any material (“assessment procedures”);
(b)conferring on a public authority functions relating to market
25surveillance and regulation;
(c)requiring the keeping or provision of information.
(1B)Provision for assessment procedures which is made under subsection
(1A)(a) above may include provision—
(a)as to how and when assessment procedures are to be carried
30out;
(b)as to the persons by whom assessment procedures are to be
carried out or verified and the functions of such persons;
(c)conferring on a public authority functions relating to the
appointment and registration of persons referred to in
35paragraph (b) and authorising delegation of those functions;
(d)for appeals against decisions taken in relation to assessment
procedures or appointments and registration;
(e)for the charging of fees in respect of assessment procedures
(such fees not to exceed the reasonable costs of carrying out the
40procedures);
(f)conferring on a public authority functions relating to the
registration of fertilisers which, on the basis of assessment
procedures carried out on them, meet the requirements of the
regulations.
Agriculture BillPage 28
(1C)The functions which may be conferred on a public authority under
subsection (1A)(b) above include—
(a)powers to require the carrying out of further assessment
procedures;
(b)5powers to prohibit or restrict the carrying out of an activity in
relation to fertilisers;
(c)powers to require the taking of action in relation to fertilisers;
(d)powers to require the withdrawal from sale, or the recall from
purchasers, of fertilisers;
(e)10powers to impose monetary penalties in cases where the public
authority considers that there has been a failure to comply with
the regulations;
(f)powers of entry and inspection, including powers of taking
samples and of seizing or destroying any material.
(1D)15Regulations under subsection (1A)(c) may not impose or confer a duty
or power requiring or authorising the disclosure or use of information
where the disclosure or use would (taking the duty or power into
account) contravene the data protection legislation (which for these
purposes has the same meaning as in the Data Protection Act 2018).
(1E)20Regulations made under subsection (1) above may—
(a)make provision that is incidental, consequential or
supplementary to provision made under subsections (1A) to
(1C), including provision—
(i)amending or repealing EU Regulation 2003/2003 of 13
25October 2003 relating to fertilisers, and
(ii)amending or repealing other retained direct EU
legislation;
(b)provide for a person to exercise a discretion in relation to any
matter.
(1F)30In this section “public authority” means a person exercising functions
of a public nature.”
(5)In section 84 (regulations)—
(a)in subsection (2)(b), at the end insert “(unless any of subsections (2A) to
(2C) applies)”;
(b)35after subsection (2) insert—
“(2A)The following regulations may not be made unless a draft of the
instrument containing them has been laid before, and approved
by a resolution of, each House of Parliament—
(a)the first regulations made by the Secretary of State
40under section 74A(1) after the coming into force of this
subsection which contain provision under section
74A(1A) to (1E);
(b)any other regulations made by the Secretary of State
under section 74A(1) which contain provision under
45section 74A(1A)(b) or (1E)(a)(i) or (ii).
(2B)The following regulations may not be made unless a draft of the
instrument containing them has been laid before, and approved
by a resolution of, the National Assembly for Wales—
Agriculture BillPage 29
(a)the first regulations made by the Welsh Ministers under
section 74A(1) after the coming into force of this
subsection which contain provision under section
74A(1A) to (1E);
(b)5any other regulations made by the Welsh Ministers
under section 74A(1) which contain provision under
section 74A(1A)(b) or (1E)(a)(i) or (ii).
(2C)The following regulations made by the Scottish Ministers are
subject to the affirmative procedure (as to which, see section 29
10of the Interpretation and Legislative Reform (Scotland) Act
2010)—
(a)the first regulations made by the Scottish Ministers
under section 74A(1) after the coming into force of this
subsection which contain provision under section
1574A(1A) to (1E);
(b)any other regulations made by the Scottish Ministers
under section 74A(1) which contain provision under
section 74A(1A)(b) or (1E)(a)(i) or (ii).
(2D)The following regulations may not be made unless a draft of
20them has been laid before, and approved by a resolution of, the
Northern Ireland Assembly—
(a)the first regulations made by a Northern Ireland
department under section 74A(1) after the coming into
force of this subsection which contain provision under
25section 74A(1A) to (1E);
(b)any other regulations made by a Northern Ireland
department under section 74A(1) which contain
provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).”
(6)In section 86 (modifications for Northern Ireland), in subsection (9), in the
30paragraph (b) treated as substituted for section 84(2)(b), after “1954” insert
“(unless subsection (2D) applies)”.
32Identification and traceability of animals
(1)In the Natural Environment and Rural Communities Act 2006, after section 89
insert—
“89A35Identification and traceability of animals
(1)Where the Secretary of State makes or has made an order under section
87(1)(a) establishing a body, the functions that may be assigned to the
body under section 87(1)(b) by the Secretary of State include functions
that are exercisable in relation to England, Wales, Northern Ireland or
40Scotland and relate to—
(a)collecting, managing and making available information
regarding the identification, movement and health of animals,
or
(b)the means of identifying animals.
(2)45Provision made by virtue of subsection (1) may not require or authorise
the disclosure or use of information in contravention of the data
protection legislation (within the meaning of section 3 of the Data
Protection Act 2018).
Agriculture BillPage 30
(3)In this section “animals” has the same meaning as it has for the
purposes of section 8 of the Animal Health Act 1981.”
(2)In the Animal Health Act 1981, in section 8 (movement generally)—
(a)in subsection (1)(a), for “the marking of animals” substitute “—
(i)5in relation to England, the means of identifying
animals, and
(ii)in relation to Wales or Scotland, the marking of
animals,”;
(b)after subsection (1) insert—
“(1A)10Provision made under subsection (1) by the Secretary of State
may bind the Crown.”
(3)In Regulation (EC) No 1760/2000 of the European Parliament and of the
Council of 17 July 2000 establishing a system for the identification and
registration of bovine animals, in Article 1 (member States to establish systems
15for the identification and registration of bovine animals), at the end insert—
“3This Title does not apply in relation to England.”
(4)In Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a
system for the identification and registration of ovine and caprine animals, in
Article 1 (member States to establish systems for the identification and
20registration of ovine and caprine animals), at the end insert—
“3This Regulation does not apply in relation to England.”
33Red Meat levy: payments between levy bodies in Great Britain
(1)A scheme under this section (“the scheme”) may—
(a)make provision for amounts of red meat levy collected by the levy body
25for one country in Great Britain to be paid to the levy body for another
such country, or
(b)amend, suspend or revoke an earlier scheme made under this section.
(2)The scheme may make provision about—
(a)the method by which the amount of a payment is to be calculated,
(b)30who is to determine the amount of a payment,
(c)when a payment is to be made,
(d)how a payment is to be made, and
(e)the duration of the scheme;
and in this subsection “payment” means any payment which is to be made
35under the scheme by a levy body.
(3)The method of calculating the amount of a payment may include calculation
by reference to any matters specified in the scheme, including—
(a)the number of animals—
(i)in respect of which red meat levy was imposed by the levy body
40making the payment in a given period, and
(ii)which have a given connection with the country of the levy
body which is to receive the payment;
(b)the administrative costs of implementing the scheme for the levy
bodies involved in the payment.

Chris F · Jan 16, 2020

Pages 30 - 39

Agriculture BillPage 31
(4)A payment made under the scheme is to be treated by the levy body receiving
it as if it were red meat levy collected by that body.
(5)The scheme may make supplementary, incidental or consequential provision
(including provision conferring functions).
(6)5A levy body must comply with any requirement imposed on it by the scheme.
(7)The scheme—
(a)is to be made jointly by—
(i)the Secretary of State, if it involves the levy body for England,
and
(ii)10the Scottish Ministers, if it involves the levy body for Scotland,
and
(iii)the Welsh Ministers, if it involves the levy body for Wales;
(b)must be published in such manner as may be determined by the
authorities making it.
(8)15For the purposes of this section the levy bodies for the countries in Great
Britain are—
(a)for England, the Agriculture and Horticulture Development Board;
(b)for Scotland, Quality Meat Scotland;
(c)for Wales, the person for the time being exercising the Welsh Ministers’
20function of imposing levy on slaughterers under section 4 of the Red
Meat Industry (Wales) Measure 2010 (nawm 3).
(9)In this section, “red meat levy” means—
(a)in relation to the levy body for England, producer levy imposed on
slaughterers under Schedule 3 to the Agriculture and Horticulture
25Development Board Order 2008 (S.I. 2008/576S.I. 2008/576);
(b)in relation to the levy body for Scotland, producer levy imposed on
slaughterers under Schedule 3 to the Quality Meat Scotland Order 2008
(S.S.I. 2008/77S.S.I. 2008/77);
(c)in relation to the levy body for Wales, the production component
30(within the meaning of Schedule 2 to the Red Meat Industry (Wales)
Measure 2010) of levy imposed on slaughterers under section 4 of that
Measure.
34Agricultural tenancies
Schedule 3 makes provision in relation to agricultural tenancies.

35Part 5Marketing standards, organic products and carcass classification
35Marketing standards
(1)The Secretary of State may by regulations, in relation to agricultural products
that—
(a)40are listed in Schedule 4, and
(b)are marketed in England,
make provision about the standards with which those products must conform
(“marketing standards”).
Agriculture BillPage 32
(2)The regulations may cover matters such as—
(a)technical definitions, designation and sales descriptions;
(b)classification criteria such as grading into classes, weight, sizing, age
and category;
(c)5the species, plant variety or animal breed or the commercial type;
(d)the presentation, labelling, packaging, rules to be applied in relation to
packaging centres, marking, years of harvesting and use of specific
terms;
(e)criteria such as appearance, consistency, conformation, product
10characteristics and the percentage of water content;
(f)specific substances used in production, or components or constituents,
including their quantitative content, purity and identification;
(g)the type of farming and production method, including oenological
practices;
(h)15coupage of must and wine (including definitions of those terms),
blending and restrictions thereof;
(i)the frequency of collection, delivery, preservation and handling, the
conservation method and temperature, storage and transport;
(j)the place of farming or origin, excluding live poultry, poultrymeat and
20spreadable fats;
(k)restrictions as regards the use of certain substances and practices;
(l)specific use of products;
(m)the conditions governing the disposal, the holding, circulation and use
of products not in conformity with the marketing standards, and the
25disposal of by-products;

the use of terms communicating value-added characteristics or
attributes.
(3)Regulations under subsection (1) may include provision about enforcement,
which may (among other things) include provision—
(a)30about the provision of information;
(b)conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
(d)about the keeping of records;
(e)imposing monetary penalties;
(f)35creating summary offences punishable with a fine (or a fine not
exceeding an amount specified in the regulations, which must not
exceed level 4 on the standard scale);
(g)about appeals;
(h)conferring functions (including functions involving the exercise of a
40discretion) on a person.
(4)Regulations under subsection (1) may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace.
(5)The Secretary of State may by regulations amend this section and Schedule 4
for or in connection with the purpose of—
(a)45adding or removing an agricultural product from the list in Schedule 4;
(b)altering the description of an agricultural product in the list.
(6)Regulations under this section are subject to affirmative resolution procedure.
Agriculture BillPage 33
36Organic products
(1)Regulations may make provision for and in relation to the certification of—
(a)organic products;
(b)activities relating to organic products;
(c)5persons or groups of persons carrying out activities relating to organic
products.
(2)Regulations under subsection (1) may (without limitation) make provision—
(a)as to the persons (“certification authorities”) who are to carry out
functions relating to certification in the United Kingdom or overseas;
(b)10requiring persons carrying out activities in relation to organic products
to notify certification authorities of those activities;
(c)relating to procedures for applications for certificates;
(d)as to the circumstances in which certificates may or may not be issued;
(e)for the suspension or withdrawal of certificates;
(f)15prohibiting or restricting the sale or marketing of organic products—
(i)without certification provided for by regulations under this
section, or
(ii)where activities are or have been carried out in relation to the
products without certification provided for by regulations
20under this section.
(3)Regulations under subsection (1) may, in relation to certification under the
regulations, make provision (without limitation) about the objectives,
principles and standards of organic production, including those whose
purpose is—
(a)25mitigating, or adapting to, climate change;
(b)protecting or improving natural resources;
(c)protecting or improving biodiversity (including protecting endangered
species);
(d)protecting or improving human health;
(e)30protecting or improving the health or welfare of livestock or other
animals;
(f)protecting or improving the health of plants;
(g)protecting or improving the quality of soil;
(h)protecting or improving the landscape;
(i)35promoting organic production or innovation in, or research into,
techniques of organic production;
(j)securing the maintenance of the principles of organic production;
(k)maintaining consumer confidence in organic products.
(4)Regulations under subsection (1) may (without limitation) make provision
40about the labelling, marketing and sale of organic products which are certified
under the regulations, including in particular prohibiting, requiring or
permitting labelling of a description specified in the regulations.
(5)Regulations may make provision in relation to the import of organic products
into the United Kingdom, including provision—
(a)45as to the procedures to be followed in respect of the import of organic
products;
(b)restricting or prohibiting the import of organic products.
Agriculture BillPage 34
(6)The provision that may be made under subsection (5)(b) includes provision
framed by reference to cases where—
(a)imported organic products are certified by a person recognised in
accordance with the regulations as competent to—
(i)5certify organic products as complying with provision made by
regulations under subsection (1), or
(ii)control or enforce standards relating to organic products
equivalent to those applicable in the United Kingdom;
(b)imported organic products are produced in an overseas country which
10is recognised in accordance with the regulations as controlling or
enforcing standards relating to organic products equivalent to those
applicable in the United Kingdom;
(c)imported organic products comply with conditions specified in an
international trade agreement.
(7)15Regulations may make provision relating to the export of organic products
from the United Kingdom, including provision—
(a)requiring exports to be notified to a person specified in the regulations;
(b)as to other procedures relating to exports.
(8)Regulations under this section may include provision—
(a)20prohibiting the sale or marketing of organic products, or other activities
relating to organic products, in cases of non-compliance with the
regulations;
(b)for the charging of fees in respect of functions exercisable under the
regulations (such fees not to exceed the reasonable cost of the exercise
25of the functions);
(c)relating to enforcement of the regulations.
(9)The provision that may be made under subsection (8)(c) includes provision—
(a)about the provision, use and retention of information (whether within
or outside the United Kingdom),
(b)30conferring powers of entry,
(c)conferring powers of inspection, search and seizure,
(d)for the keeping of records,
(e)imposing monetary penalties,
(f)creating summary offences punishable with a fine (or a fine not
35exceeding an amount specified in the regulations), and
(g)conferring functions (including functions involving the exercise of a
discretion) on a person.
(10)Provision under subsection (9)(b) may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace (or, in Northern Ireland, lay
40magistrate).
(11)In this section—

“marketing” includes advertising;
“organic production” means production of organic products (as to which,
see subsections (12) and (13).

(12)45In this section “organic product” means a qualifying product which is or is to
be—
(a)marketed or sold as “organic”;
Agriculture BillPage 35
(b)included as an ingredient or component of another product and
labelled as “organic” on the marketing or sale of that other product.
(13)In subsection (12) “qualifying product” means—
(a)an agricultural, horticultural or aquacultural product or a product of
5animal husbandry, or
(b)a product not falling within paragraph (a) which is intended for use as,
or in, food and drink for human consumption or animal feed.
37Organic products: supplementary
(1)Regulations under section 36 may be made by—
(a)10the Secretary of State, in any case;
(b)the Scottish Ministers, if and to the extent that provision made by the
regulations would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament;
(c)the Welsh Ministers, if and to the extent that provision made by the
15regulations would be within the legislative competence of the National
Assembly for Wales if contained in an Act of that Assembly (ignoring
any requirement for the consent of any person);
(d)DAERA, if and to the extent that provision made by the regulations
would be within the legislative competence of the Northern Ireland
20Assembly if contained in an Act of that Assembly made without the
Secretary of State’s consent.
(2)Regulations under section 36 are subject to affirmative resolution procedure
where—
(a)the regulations are made under subsection (1) of that section and
25contain provision referred to in subsection (3) of that section, or
(b)the regulations are made under subsection (1), (5) or (7) of that section
and they are the first regulations to be made under that subsection by
the authority making them.
(3)Regulations under section 36 to which subsection (2) does not apply are subject
30to negative resolution procedure (unless section 47(5) applies).
38Carcass classification
(1)The Secretary of State may by regulations make provision about the
classification, identification and presentation of bovine, pig and sheep
carcasses by slaughterhouses in England.
(2)35Regulations under subsection (1) may include provision about enforcement,
which may (among other things) include provision—
(a)about the provision of information;
(b)conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
(d)40about the keeping of records;
(e)imposing monetary penalties;
(f)creating summary offences punishable with a fine (or a fine not
exceeding an amount specified in the regulations, which must not
exceed level 4 on the standard scale);
(g)45about appeals;
Agriculture BillPage 36
(h)conferring functions (including functions involving the exercise of a
discretion) on a person.
(3)Regulations under subsection (1) may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace.
(4)5Regulations under this section are subject to affirmative resolution procedure.
39Power to reproduce modifications under section 35 for wine sector
(1)The Secretary of State may by regulations modify Annex 7 of the CMO
Regulation as it applies for the purposes of Section 2 of Chapter 1 of Title 2 of
that Regulation (designations of origin, geographical indications and
10traditional terms in the wine sector), so as to reproduce any modifications to
that Annex made by regulations under section 35(1).
(2)Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).

Part 615WTO Agreement on Agriculture
40Power to make regulations for securing compliance with WTO Agreement on
Agriculture: general
(1)The Secretary of State may make regulations for the purpose of securing
compliance with obligations of the United Kingdom under the Agreement on
20Agriculture.
(2)The provision which may be made under subsection (1) includes (among other
things)—
(a)provision made in accordance with section 41 (limits on the amount of
domestic support provided in the United Kingdom);
(b)25provision falling within section 42 (classification by appropriate
authorities and provision of information to Secretary of State by
devolved authorities).
(3)Regulations under this section may—
(a)confer functions on a person other than the Secretary of State;
(b)30provide for the Secretary of State to delegate functions;
(c)provide for a person to exercise a discretion in dealing with any matter.
(4)Regulations under this section are subject to affirmative resolution procedure.
(5)In this section and sections 41 and 42—

“the Agreement on Agriculture” means the Agreement on Agriculture,
35part of Annex 1A to the WTO Agreement (as modified from time to
time);
“appropriate authority” means—
(a)
the Secretary of State, or
(b)
a devolved authority;
40“devolved authority” means—
(a)
the Scottish Ministers,
(b)
the Welsh Ministers, or
Agriculture BillPage 37
(c)
a Northern Ireland Department;
“domestic support” means subsidies or other financial support that is
regarded as domestic support for the purposes of the Agreement on
Agriculture;
5“the WTO Agreement” means the agreement establishing the World
Trade Organisation signed at Marrakesh on 15 April 1994.

41Regulations under section 40: limits on provision of domestic support in the
United Kingdom
(1)This section applies in relation to any domestic support to which a specific
10limit in respect of the United Kingdom applies under the Agreement on
Agriculture (“domestic support of the relevant kind”).
(2)It is immaterial for the purposes of subsection (1) whether the domestic
support in question is identified by indicating what the limit applies to or by
indicating what it does not apply to (or by a combination of the two).
(3)15Regulations under section 40 may make provision setting—
(a)a limit on the amount of domestic support of the relevant kind that may
be given in the United Kingdom as a whole;
(b)a limit for each of England, Wales, Scotland and Northern Ireland on
the amount of domestic support of the relevant kind that may be given
20in that country.
(4)The limit (if any) set under subsection (3)(a) may be less than the total amount
of domestic support of the relevant kind that is allowable to the United
Kingdom under the Agreement on Agriculture.
(5)Different limits may be set under subsection (3)(b) for different countries
25within the United Kingdom.
(6)A limit may be set under subsection (3)—
(a)by specifying a monetary amount,
(b)in the case of a limit under subsection (3)(b), by specifying a percentage
of—
(i)30the limit under subsection (3)(a) (if any), or
(ii)the total amount of domestic support of the relevant kind that is
allowable to the United Kingdom under the Agreement on
Agriculture, or
(c)in any other way the Secretary of State considers appropriate.
(7)35The regulations may provide for domestic support of a specified description
not to count towards any one or more of the limits set under subsection (3).
(8)When considering what limits to set under subsection (3), and what is or is not
to count towards the limits that are set, the matters that the Secretary of State
may take into account include—
(a)40domestic support that is or may be given across the whole of the United
Kingdom, and
(b)financial support that—
(i)is or may be given in any territory outside the United Kingdom,
and
Agriculture BillPage 38
(ii)counts towards the total amount of support (or support of a
particular kind) that is allowable to the United Kingdom under
the Agreement on Agriculture.
42Regulations under section 40: classification of domestic support and
5provision of information
(1)Regulations under section 40 may make the following kinds of provision.
(2)The regulations may make provision about the classification of domestic
support for the purposes of—
(a)the Agreement on Agriculture, or
(b)10any limits set under section 41.
(3)The provision which may be made by virtue of subsection (2) includes
provision setting out—
(a)a process for the appropriate authorities to decide how different types
of domestic support should be classified (including reviewing and
15amending their existing classification);
(b)a process for the resolution of disputes between the appropriate
authorities regarding the classification of domestic support, which may
include provision making the Secretary of State the final arbiter on any
decision on classification.
(4)20The regulations may make provision requiring a devolved authority to
provide information to the Secretary of State.
(5)The provision which may be made under subsection (4) includes—
(a)provision setting out or describing information that is required on a
regular basis for the purposes of—
(i)25classifying domestic support;
(ii)enabling the United Kingdom to comply with its obligations
under the Agreement on Agriculture;
(b)giving the Secretary of State power to require a devolved authority to
provide other information for the purposes of—
(i)30classifying domestic support (or resolving a dispute about its
classification);
(ii)enabling the United Kingdom to comply with its obligations
under the Agreement on Agriculture;
(iii)resolving a dispute with another party to the Agreement on
35Agriculture;
(iv)supporting or informing negotiations with other parties
relating to the Agreement on Agriculture (including in relation
to treaties that may amend or replace that Agreement);
(c)setting out time periods within which information must be provided.

40Part 7Wales and Northern Ireland
43Wales
Schedule 5 makes provision in relation to Wales.
Agriculture BillPage 39
44Duration of provision in relation to Wales
(1)The following provisions expire at the end of 2024—
(a)section 43 and Schedule 5,
(b)section 49(b) and, in Schedule 7, Part 2,
(c)5section 52(1)(g), and
(d)in section 53(3), paragraph (b) and, so far as relating to Part 2 of
Schedule 7, paragraph (c).
(2)Regulations made under paragraph 8(1) of Schedule 5 (power to modify EU
legislation in connection with declarations relating to exceptional market
10conditions) cease to have effect at the end of 2024 (so that any amendment
made by them ceases to have effect and any enactment repealed by them is
revived).
But see subsections (4) to (6) for saving provision.
(3)Otherwise, subsection (1) does not affect the continuation in force or effect of
15any regulations made, or other thing done, by virtue of Schedule 5 before the
end of 2024.
(4)Despite subsections (1) and (2), paragraphs 6 and 7 of Schedule 5, and
regulations made under paragraph 8(1) of that Schedule, continue to have
effect in relation to a relevant declaration.
(5)20A “relevant declaration” means a declaration—
(a)made under paragraph 6(1) of Schedule 5 before the end of 2024 and
having effect (whether originally or as a result of a further declaration
made under paragraph 6(6) of that Schedule) for a period which ends
after the end of 2024, or
(b)25made under paragraph 6(5) or 6(6) of that Schedule as continued in
effect by virtue of subsection (4).
(6)Subsection (2) does not affect the lawfulness of anything done in accordance
with retained direct EU legislation as modified by regulations made under
paragraph 8(1) of Schedule 5 before those regulations cease to have effect.
(7)30The Welsh Ministers may by regulations make transitional, transitory or
saving provision in connection with this section.
(8)The provision which may be made by virtue of subsection (7) includes
provision modifying primary legislation, retained direct EU legislation or
subordinate legislation.
(9)35Regulations under this section which contain provision modifying primary
legislation (with or without other provision) are subject to affirmative
resolution procedure.
(10)Other regulations under this section are subject to negative resolution
procedure.
4540Northern Ireland
Schedule 6 makes provision in relation to Northern Ireland.
Agriculture BillPage 40

Part 8General and final provisions
46Data protection
(1)This section applies to a duty or power to disclose or use information where the
5duty or power is imposed or conferred by or under any provision of Parts 1 to
6.
(2)A duty or power to which this section applies does not operate to require or
authorise the disclosure or use of information which would contravene the
data protection legislation (but the duty or power is to be taken into account in
10determining whether the disclosure or use would contravene that legislation).
(3)In this section “data protection legislation” has the same meaning as in the Data
Protection Act 2018 (see section 3 of that Act).
47Regulations
(1)Any power conferred on the Secretary of State or the Welsh Ministers to make
15regulations under this Act is exercisable by statutory instrument.
(2)A power conferred on DAERA to make regulations under this Act is
exercisable by statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)S.I. 1979/1573 (N.I. 12)).
(3)Any power to make regulations under this Act includes power—
(a)20to modify retained direct EU legislation;
(b)to make provision binding the Crown;
(c)to make different provision for different purposes;
(d)to make supplementary, incidental, consequential, transitional,
transitory or saving provision.
(4)25The provision which may be made by virtue of subsection (3)(d) includes
provision modifying primary legislation, retained direct EU legislation or
subordinate legislation.
(5)Regulations which—
(a)contain provision made by virtue of subsection (3)(d) modifying
30primary legislation, and
(b)would, apart from this subsection, be subject to negative resolution
procedure,
are subject to affirmative resolution procedure.
(6)Where regulations under this Act are subject to affirmative resolution
35procedure, the regulations—
(a)if made by the Secretary of State, may not be made unless a draft of the
statutory instrument containing them has been laid before, and
approved by a resolution of, each House of Parliament;
(b)if made by the Scottish Ministers, are subject to the affirmative
40procedure (see section 29 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10));

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Agriculture BillPage 41
(c)if made by the Welsh Ministers, may not be made unless a draft of the
statutory instrument containing them has been laid before, and
approved by a resolution of, the National Assembly for Wales;
(d)if made by DAERA, may not be made unless a draft of the regulations
5has been laid before, and approved by a resolution of, the Northern
Ireland Assembly.
(7)Where regulations under this Act are subject to negative resolution
procedure—
(a)if made by the Secretary of State, the statutory instrument containing
10them is subject to annulment in pursuance of a resolution of either
House of Parliament;
(b)if made by the Scottish Ministers, the regulations are subject to the
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (asp 10)2010 (asp 10));
(c)15if made by the Welsh Ministers, the statutory instrument containing
them is subject to annulment in pursuance of a resolution of the
National Assembly for Wales;
(d)if made by DAERA, the regulations are subject to negative resolution
within the meaning of section 41(6) of the Interpretation Act (Northern
20Ireland) 1954.
(8)Any provision that may be made by regulations under this Act subject to
negative resolution procedure may be made in regulations subject to
affirmative resolution procedure.
(9)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies in
25relation to the laying of a document before the Northern Ireland Assembly by
virtue of this section as it applies in relation to the laying of a statutory
document under an enactment (as defined in that Act).
(10)This section does not apply to regulations under section 53.
48Interpretation
30In this Act—

“affirmative resolution procedure” is to be construed in accordance with
section 47(6);
“the CMO Regulation” means Regulation (EU) No 1308/2013 of the
European Parliament and of the Council of 17 December 2013
35establishing a common organisation of the markets in agricultural
products;
“DAERA” means the Department of Agriculture, Environment and Rural
Affairs in Northern Ireland;
“modify” includes amend, revoke and repeal (and related expressions are
40to be construed accordingly);
“negative resolution procedure” is to be construed in accordance with
section 47(7);
“primary legislation” means—
(a)
an Act of Parliament;
(b)
45an Act of the Scottish Parliament;
(c)
a Measure or Act of the National Assembly for Wales;
(d)
Northern Ireland legislation;
“private dwelling” means so much of any land as consists of—
Agriculture BillPage 42
(a)
a building or other structure used wholly or mainly as a private
dwelling, or
(b)
a garden, yard, private garage or outhouse enjoyed with such a
building or structure;
5“subordinate legislation” means an instrument made under primary
legislation or under retained direct EU legislation.

49Consequential amendments
Schedule 7 amends the CMO Regulation in consequence of—
(a)Chapter 2 of Part 2 (intervention in agricultural markets: England);
(b)10Part 2 of Schedule 5 (intervention in agricultural markets: Wales);
(c)Part 5 (marketing standards, organic products and carcass
classification: England);
(d)Part 4 of Schedule 5 (marketing standards and carcass classification:
Wales);
(e)15Part 4 of Schedule 6 (marketing standards and carcass classification:
Northern Ireland).
50Power to make consequential etc provision
(1)The appropriate authority may by regulations make supplementary, incidental
or consequential provision in connection with any provision of this Act.
(2)20Regulations under subsection (1) may modify primary legislation, retained
direct EU legislation or subordinate legislation.
(3)Regulations under subsection (1) which contain provision modifying primary
legislation (with or without other provision) are subject to affirmative
resolution procedure.
(4)25Other regulations under subsection (1) are subject to negative resolution
procedure.
(5)The appropriate authority may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act.
(6)30The appropriate authority is—
(a)the Welsh Ministers, for provision in connection with—
(i)section 43 and Schedule 5,
(ii)section 44, and
(iii)section 49 and Schedule 7 so far as they apply in relation to
35Wales,
(b)DAERA, for provision in connection with—
(i)section 45 and Schedule 6, and
(ii)section 49 and Schedule 7 so far as they apply in relation to
Northern Ireland, and
(c)40the Secretary of State, for provision in connection with anything not
mentioned in paragraph (a) or (b).
51Financial provision
There is to be paid out of money provided by Parliament—
Agriculture BillPage 43
(a)sums required for the purpose of—
(i)giving financial assistance under section 1(1) or (2) or 19(2);
(ii)continuing direct payments under the basic payment scheme for one
or more years after 2020 by virtue of regulations under section 10;
(iii)5making delinked payments by virtue of regulations under section 12;
(iv)operating the public market intervention or aid for private storage
mechanisms under retained direct EU legislation in response to a
declaration under section 18;
(b)administrative expenditure incurred by the Secretary of State by virtue of this
10Act;
(c)any increase attributable to this Act in amounts payable out of money provided
by Parliament by virtue of any other Act.
52Extent
(1)The following provisions of this Act extend to England and Wales only—
(a)15Part 1;
(b)Chapter 2 of Part 2;
(c)Chapter 1 of Part 3;
(d)section 34 and Schedule 3;
(e)section 35 and Schedule 4;
(f)20section 38;
(g)section 43 and Schedule 5.
(2)Section 45 and Schedule 6 extend to Northern Ireland only.
(3)The following provisions extend to England, Wales and Scotland only—
(a)section 32(2), and
(b)25section 33.
(4)Otherwise, this Act extends to England and Wales, Scotland and Northern
Ireland.
53Commencement
(1)This Part, apart from section 49 and Schedule 7, comes into force on the day on
30which this Act is passed.
(2)The following provisions come into force on such day as the Secretary of State
may by regulations made by statutory instrument appoint—
(a)sections 18 to 20,
(b)sections 28 to 30 and Schedules 1 and 2,
(c)35section 32(3) and (4),
(d)so far as relating to England—
(i)paragraphs 10 to 18 of Schedule 3, and
(ii)section 34 so far as relating to those paragraphs,
(e)section 35 and Schedule 4,
(f)40sections 38 and 39,
(g)Parts 1 and 3 of Schedule 7, and section 49 so far as relating to those
Parts.
Agriculture BillPage 44
(3)The following provisions come into force on such day as the Welsh Ministers
may by regulations made by statutory instrument appoint—
(a)so far as relating to Wales—
(i)paragraphs 10 to 18 of Schedule 3, and
(ii)5section 34 so far as relating to those paragraphs,
(b)Parts 2 and 4 of Schedule 5, and section 43 so far as relating to those
Parts, and
(c)Parts 2 and 4 of Schedule 7, and section 49 so far as relating to those
Parts.
(4)10The following provisions come into force on such day as DAERA may by
regulations made by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 appoint—
(a)Parts 2 and 4 of Schedule 6, and section 45 so far as relating to those
Parts, and
(b)15Part 5 of Schedule 7, and section 49 so far as relating to that Part.
(5)Different days may be appointed for different purposes.
(6)The other provisions of this Act come into force at the end of the period of two
months beginning with the day on which this Act is passed.
54Short title
20This Act may be cited as the Agriculture Act 2020.
Agriculture BillPage 45
SCHEDULES
Sections 28 and 30
SCHEDULE 1Agricultural sectors relevant to producer organisation provisions
Dairy
5Beef
Sheep
Goats
Pig
Poultry
10Eggs
Cereals
Fruit and vegetables
Sugar
Hops
15Wine
Apiculture

Section 29
SCHEDULE 2Recognised organisations: competition exclusions
1Schedule 3 to the Competition Act 1998 (general exclusions) is amended as
20follows.
2(1)Paragraph 9 (agricultural products) is amended as follows.
(2)For sub-paragraph (1) substitute—
“(1)The Chapter 1 prohibition does not apply to an agreement to the
extent that it is an agreement between the members of—
(a)25a recognised producer organisation (“PO”), or
(b)a recognised association of producer organisations
(“APO”),
for the PO or APO (as the case may be) to carry out one or more of
the activities mentioned in sub-paragraph (1A) on behalf of its
Agriculture BillPage 46
members (for all or part of their total production), provided that
Conditions A and B are also met.
(1A)The activities are—
(a)planning production;
(b)5optimising production costs;
(c)concentrating supply;
(d)placing products on the market;
(e)negotiating supply contracts.
(1B)Condition A is that—
(a)10in the case of a PO, the PO concentrates supply and places
the products of its members on the market, whether or not
there is a transfer of ownership of agricultural products by
the producers to the PO, or
(b)in the case of an APO, the APO concentrates supply and
15places the products of the members of the POs it represents
on the market, whether or not there is a transfer of
ownership of agricultural products by the producers to the
APO or to any of the POs the APO represents.
(1C)Condition B is that—
(a)20in the case of a PO, none of the producers concerned are
members of any other PO as regards the products covered
by the activities mentioned in sub-paragraph (1A) to
which the agreement relates, or
(b)in the case of an APO, none of the producers concerned are
25members of a PO that is a member of any other APO as
regards the products covered by the activities mentioned
in sub-paragraph (1A) to which the agreement relates.
(1D)But the Secretary of State may decide that the RPO exclusion
applies if Condition B is not met, if—
(a)30every producer which is a member of more than one PO
holds distinct production units located in different
geographical areas, and
(b)the Secretary of State considers that it is appropriate in all
the circumstances for the RPO exclusion to apply.
(1E)35If the Secretary of State is considering whether to make a decision
under sub-paragraph (1D), the Secretary of State may by notice in
writing require any party to the agreement in question to give the
Secretary of State such information in connection with the
agreement as the Secretary of State may require.”
(3)40Omit sub-paragraph (2).
(4)In sub-paragraph (3), for “agriculture exclusion” substitute “RPO
exclusion”.
(5)For sub-paragraph (9) substitute—
“(9)In this paragraph—

Agriculture BillPage 47
“agricultural product” means a product that falls within a
sector mentioned in Schedule 1 to the Agriculture Act
2020;
“recognised association of producer organisations” means an
5association recognised under section 28 of that Act;
“recognised producer organisation” means a producer
organisation recognised under section 28 of that Act.”

3After paragraph 9, insert—
“10(1)The Chapter 1 prohibition does not apply to an agreement to the
10extent that it is an agreement between the members of a
recognised interbranch organisation that has the object of carrying
out one or more specified activities, provided that the condition in
sub-paragraph (2) is also met.
(2)The condition in this sub-paragraph is that the organisation has
15notified the agreement to the CMA and provided all further
details required by the CMA, and—
(a)the CMA has decided that it is appropriate for the RIBO
exclusion to apply, or
(b)within two months of the CMA receiving all the details it
20requires, the CMA has not decided that it is inappropriate
for the RIBO exclusion to apply.
(3)In deciding whether it is appropriate for the RIBO exclusion to
apply, the CMA must consider whether the benefit of the
agreement to the specified activities of the recognised interbranch
25organisation outweighs any prevention, restriction or distortion of
competition within the United Kingdom as a result of the
agreement.
(4)The CMA may at any time give a direction to the effect that the
RIBO exclusion no longer applies to a particular agreement.
(5)30Sub-paragraphs (4) to (8) of paragraph 9 apply to a direction under
this paragraph as they apply to a direction under paragraph 9.
(6)In this paragraph—

“recognised interbranch organisation” means an
organisation of agricultural businesses recognised under
35section 28 of the Agriculture Act 2020;
“specified activities” means the activities specified in
regulations under section 28(6)(e) of that Act.”

Agriculture BillPage 48

Section 34
SCHEDULE 3Agricultural tenancies

Part 1Amendments to the Agricultural Holdings Act 1986
5Introductory
1The Agricultural Holdings Act 1986 is amended as follows.
Notices relating to third party determination of rent
2(1)Section 12 (arbitration or third party determination of rent) is amended as
follows.
(2)10In subsection (1) for “referred to arbitration under this Act” substitute
“determined in accordance with this section”.
(3)For subsection (1A) substitute—
“(1A)Where a notice under subsection (1) is served, the question of how
much rent is to be payable in respect of the holding as from the next
15termination date—
(a)may be required by the landlord or tenant to be determined
by arbitration under this Act (see section 84), or
(b)may be referred by the landlord and tenant for third party
determination under this Act (see section 84A).”
(4)20In subsection (2), for the words from “demand” to “third party
determination” substitute “notice under subsection (1)”.
(5)In subsection (3)—
(a)for “demand for arbitration under this section” substitute “notice
under subsection (1)”;
(b)25for “the demand” substitute “the notice”;
(c)in paragraph (a), after “arbitrator” insert “or third party”.
(6)In subsection (4)—
(a)omit the words from “in relation to” to “third party determination”;
(b)for the first “the demand or reference” substitute “a notice under
30subsection (1)”;
(c)for the second “the demand or reference” substitute “the notice”;
(d)for the third “the demand or reference” substitute “the notice under
subsection (1)”.
3(1)Schedule 2 (arbitration or third party determination of rent: provisions
35supplementary to section 12) is amended as follows.
(2)In the italic heading before paragraph 4, for “arbitrations” substitute
“determinations”.
(3)In paragraph 4, in sub-paragraph (1)—
(a)for “demand for arbitration” substitute “notice under section 12(1) of
40this Act”;
Agriculture BillPage 49
(b)for “the demand” substitute “the notice”.
Appointment of arbitrators etc
4In section 12 (arbitration or third party determination of rent), in subsection
(3)(b), for the words from “to the” to “by him” substitute “under section 84
5for the appointment of an arbitrator”.
5(1)Section 22 (rights to require certain records to be made) is amended as
follows.
(2)In subsection (2), for the words from “in default” to “so appointed”
substitute “by the landlord and tenant (“the parties”) or, in default of
10agreement between the parties, by a person appointed by a professional
authority on the application of either of them; and any person appointed by
a professional authority”.
(3)After subsection (2) insert—
“(2A)A party may not make an application to a professional authority
15under subsection (2) in any case if the other party has already made
an application to a professional authority under that subsection in
that case.”
(4)In subsection (4)—
(a)for “the President” substitute “a professional authority”;
(b)20for “him” substitute “that authority”.
(5)In subsection (5)—
(a)for the first “the President” substitute “a professional authority”;
(b)for the second “the President” substitute “that authority”.
(6)After subsection (5) insert—
“(6)25In this section “professional authority” has the same meaning as in
section 84.”
6(1)Section 84 (arbitrations) is amended as follows.
(2)In subsection (2), for “the President of the RICS” substitute “a professional
authority”.
(3)30After subsection (2) insert—
“(2A)A party may not make an application to a professional authority
under subsection (2) in relation to a matter if the other party has
already made an application to a professional authority under that
subsection in relation to that matter.”
(4)35In subsection (4)—
(a)for “the President of the RICS” substitute “a professional authority”;
(b)for “him”, in both places, substitute “that authority”.
(5)For subsection (6) substitute—
“(6)In this section “professional authority” means—
(a)40the President of the Royal Institution of Chartered Surveyors,
(b)the President of the Central Association of Agricultural
Valuers, or
Agriculture BillPage 50
(c)the Chair of the Agricultural Law Association.
(7)The appropriate authority may by regulations amend this section so
as to—
(a)include a person in, or remove a person from, the definition
5of “professional authority”;
(b)reflect changes in the name or internal organisation of any
body mentioned in that definition.
(8)In subsection (7) “appropriate authority” means—
(a)the Secretary of State, in relation to England, and
(b)10the Welsh Ministers, in relation to Wales.”
Requests for landlord’s consent or variation of terms
7Before section 20 insert—
“19ADisputes relating to requests for landlord’s consent or variation of
terms
(1)15The appropriate authority may by regulations make provision for
the tenant of an agricultural holding to refer for arbitration under
this Act a request made by the tenant to the landlord where—
(a)the request falls within subsection (3), and
(b)no agreement has been reached with the landlord on the
20request.
(2)The regulations may also provide that, where the tenant is given the
right to refer a request to arbitration, the landlord and tenant may
instead refer the request for third party determination under this
Act.
(3)25A request falls within this subsection if—
(a)it is a request for—
(i)the landlord’s consent to a matter which under the
terms of the tenancy requires such consent, or
(ii)a variation of the terms of the tenancy,
(b)30it is made for the purposes of—
(i)enabling the tenant to request or apply for relevant
financial assistance or relevant financial assistance of
a description specified in the regulations, or
(ii)complying with a statutory duty, or a statutory duty
35of a description specified in the regulations,
applicable to the tenant, and
(c)it meets such other conditions (if any) as may be specified in
the regulations.
(4)The regulations may provide for the arbitrator or third party on a
40reference made under the regulations, where the arbitrator or third
party considers it reasonable and just (as between the landlord and
tenant) to do so—
(a)to order the landlord to comply with the request (either in full
or to the extent specified in the award or determination);
(b)45to make any other award or determination permitted by the
regulations.

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Agriculture Bill Page 51

(5)The regulations may (among other things) make provision—
(a)about conditions to be met before a reference may be made;
(b)about matters which an arbitrator or third party is to take into
account when considering a reference;
(c)5for regulating the conduct of arbitrations or third party
determinations;
(d)about the awards or determinations which may be made by
the arbitrator or third party, which may include making an
order for a variation in the rent of the holding or for the
10payment of compensation or costs;
(e)about the time at which, or the conditions subject to which, an
award or determination may be expressed to take effect;
(f)for restricting a tenant’s ability to make subsequent
references to arbitration where a reference to arbitration or
15third party determination has already been made under the
regulations in relation to the same tenancy.
(6)The provision covered by subsection (5)(e) includes, in the case of a
request made for the purpose described in subsection (3)(b)(i)),
conditions relating to the making of a successful application for
20assistance.
(7)In this section—

“appropriate authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Welsh Ministers;
25“relevant financial assistance” means financial assistance
under—
(a)
section 1 of the Agriculture Act 2020 (powers of
Secretary of State to give financial assistance),
(b)
section 19 of, or paragraph 7 of Schedule 5 to, that Act
30(powers of Secretary of State and Welsh Ministers to
give financial assistance in exceptional market
conditions), or
(c)
a scheme of the sort mentioned in section 2(4) of that
Act (third party schemes);
35“statutory duty” means a duty imposed by or under—
(a)
an Act of Parliament;
(b)
an Act or Measure of the National Assembly for
Wales;
(c)
retained direct EU legislation.”

40Arbitration or third party determination of rent: relevant factors
8(1)In Schedule 2 (arbitration or third party determination of rent), paragraph 3
is amended as follows.
(2)In paragraph (a), omit the final “and”.
(3)After paragraph (a) insert—
“(aa)45in a case where the tenant is, under an agreement in
writing with the landlord, required to make payments in
respect of improvements to the holding that are or are to be
Agriculture BillPage 52
wholly or partly financed by the landlord, shall disregard
any effect on the rent of—
(i)the fact that the tenant is required to make such
payments, and
(ii)5any benefit to the tenant arising from the
improvements before the date on which the last of
those payments falls to be made, and”.
Notices to quit: cases where consent of tribunal not required
9In Part 1 of Schedule 3 (cases where consent of tribunal to operation of notice
10to quit not required), in Case A, in paragraph (a), for “the age of sixty-five”
substitute “the tenant’s pensionable age (as specified from time to time in
Part 1 of Schedule 4 to the Pensions Act 1995)”.
Succession on death or retirement: condition relating to occupation of commercial unit
10In section 35 (application of sections 36 to 48), in subsection (2) omit “(and in
15Part I of Schedule 6 to this Act)”.
11(1)Section 36 (right of any eligible person to apply for new tenancy on death of
tenant) is amended as follows.
(2)In subsection (3)—
(a)omit the words from “subject to” to “this Act and”;
(b)20for “conditions are” substitute “condition is”;
(c)omit paragraph (b) and the preceding “and”.
(3)For subsection (5) substitute—
“(5)For the purposes of the condition in subsection (3)(a), any period
during which a close relative of the deceased was, in the period of
25seven years mentioned in that condition, attending a full-time course
at a university, college or other establishment of higher or further
education shall be treated as a period throughout which the
relative’s only or principal source of livelihood derived from the
relative’s agricultural work on the holding; but not more than three
30years in all shall be so treated by virtue of this subsection.”
12In section 41 (application by not fully eligible person), in subsection (1) omit
paragraph (a).
13(1)Section 50 (right to apply for new tenancy on retirement of tenant) is
amended as follows.
(2)35In subsection (2)—
(a)omit the words from “(subject to” to “subsection (4) below)”;
(b)for “conditions are” substitute “condition is”;
(c)omit paragraph (b) and the preceding “and”.
(3)For subsection (4) substitute—
“(4)40For the purposes of the condition in subsection (2)(a), any period
during which a close relative of the retiring tenant was, in the period
of seven years mentioned in that condition, attending a full-time
course at a university, college or other establishment of higher or
further education shall be treated as a period throughout which the
Agriculture BillPage 53
relative’s only or principal source of livelihood derived from the
relative’s agricultural work on the holding; but not more than three
years in all shall be so treated by virtue of this subsection.”
14Omit section 58 (effect of direction under section 53 on succession to other
5holdings).
15(1)Section 59 (interpretation of Part 4) is amended as follows.
(2)In subsection (1) omit the words from “(and” to “this Act)”.
(3)In subsection (2) omit the words from “(and” to “above)”.
16Omit Schedule 6 (eligibility to apply for new tenancy).
10Succession on death or retirement: condition relating to suitability
17In section 39 (applications for tenancy of holding), for subsection (8)
substitute—
“(8)For the purposes of this section, a person’s suitability to become the
tenant of a holding is to be determined (having regard to any views
15stated by the landlord) in accordance with criteria specified in
regulations made by—
(a)the Secretary of State, in relation to England, and
(b)the Welsh Ministers, in relation to Wales.
(8A)The criteria referred to in subsection (8) must relate to the person’s
20likely capacity to farm the holding commercially to high standards of
efficient production and care for the environment, and may in
particular include—
(a)criteria relating to the person’s experience, training or skills
in agriculture or business management;
(b)25criteria relating to the person’s physical health, financial
standing or character;
(c)criteria relating to the character or condition of the holding or
the terms of the tenancy.”
18(1)Section 53 (application for tenancy of holding by nominated successor) is
30amended as follows.
(2)In subsection (6) omit the words from “and in making” to the end.
(3)After subsection (6) insert—
“(6A)Section 39(8) and (8A) apply for the purposes of determinations
under this section relating to a person’s suitability to become the
35tenant of a holding.”
Succession on retirement: minimum age of retiring tenant
19In section 51 (cases excluded from operation of section 50(1)) omit
subsection (3).
20In section 53 (application for tenancy of holding by nominated successor)
40omit subsection (4).
Agriculture BillPage 54
Regulations and orders
21(1)Section 94 (orders and regulations) is amended as follows.
(2)In subsection (1), for “the Minister or the Lord Chancellor” substitute “the
Secretary of State, the Lord Chancellor or the Welsh Ministers”.
(3)5In subsection (2), for “either House of Parliament” substitute—
“(a)either House of Parliament, in the case of a statutory
instrument made by the Secretary of State or Lord
Chancellor, or
(b)the National Assembly for Wales, in the case of a statutory
10instrument made by the Welsh Ministers”.
(4)In subsection (3), for “each House of Parliament” substitute—
“(a)each House of Parliament, in the case of regulations made by
the Secretary of State, or
(b)the National Assembly for Wales, in the case of regulations
15made by the Welsh Ministers”.
(5)In subsection (4), for “each House of Parliament” substitute—
“(a)each House of Parliament, in the case of an order made by the
Secretary of State, or
(b)the National Assembly for Wales, in the case of an order
20made by the Welsh Ministers”.

Part 2Amendments to the Agricultural Tenancies Act 1995
Introductory
22The Agricultural Tenancies Act 1995 is amended as follows.
25Appointment of arbitrators
23(1)Section 12 (appointment of arbitrator) is amended as follows.
(2)The existing subsection becomes subsection (1).
(3)In that subsection, for the words from “the President” to the end substitute
“a professional authority for the appointment of an arbitrator by that
30authority”.
(4)After that subsection insert—
“(2)A party may not make an application to a professional authority
under subsection (1) in any case if the other party has already made
an application to a professional authority under that subsection in
35that case.”
24(1)Section 19 (references to arbitration of certain disputes) is amended as
follows.
(2)In subsection (4), for the words from “the President” to the end substitute “a
professional authority, subject to subsections (9) and (9A) below, for the
40appointment of an arbitrator by that authority”.
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(3)After subsection (9) insert—
“(9A)An application may not be made to a professional authority under
subsection (4) above in any case by the landlord or the tenant if the
other of them has already made an application to a professional
5authority under that subsection in that case.”
25(1)Section 22 (settlement of claims for disputes) is amended as follows.
(2)In subsection (3), for the words from “the President” to the end substitute “a
professional authority for the appointment of an arbitrator by that
authority”.
(3)10After subsection (3) insert—
“(3A)A party may not make an application to a professional authority
under subsection (3) above in relation to a claim if the other party has
already made an application to a professional authority under that
subsection in relation to that claim.”
(4)15In subsection (4)—
(a)in paragraph (b), after “as an application” insert “to the same
professional authority”;
(b)in the words after paragraph (b), for “the President of the RICS”
substitute “the professional authority”.
26(1)20Section 28 (resolution of disputes) is amended as follows.
(2)In subsection (2), for the words from “the President” to the end substitute “a
professional authority for the appointment of an arbitrator by that
authority”.
(3)In subsection (3), for the words from “the President” to the end substitute “a
25professional authority for the appointment of an arbitrator by that
authority”.
(4)After subsection (3) insert—
“(3A)A party may not make an application to a professional authority
under subsection (3) above in relation to a dispute if the other party
30has already made an application to a professional authority under
that subsection in relation to that dispute.”
27(1)Section 30 (general provisions applying to arbitrations) is amended as
follows.
(2)In subsection (2)—
(a)35for “the President of the RICS” substitute “a professional authority”;
(b)for “by him” substitute “by that authority”;
(c)for “as the President” substitute “as that authority”.
(3)In subsection (3)—
(a)after “appointed” insert “by a professional authority”;
(b)40for “the President of the RICS” substitute “that authority”;
(c)for “by him” substitute “by that authority”.
28In section 38 (interpretation), in subsection (1), for the definition of “the
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RICS” substitute—

“““professional authority” has the same meaning as it has for the
time being for the purposes of section 84 of the Agricultural
Holdings Act 1986;”.

295In section 39 (index)—
(a)after the entry relating to planning permission insert—

““professional authority section 38(1)”;

(b)omit the entry relating to “the RICS”.

Section 35
SCHEDULE 410Agricultural products relevant to marketing standards provisions
Milk and milk products

Products falling within any of entries (a) to (f) in the table in Part XVI of
Annex 1 of the CMO Regulation

Spreadable fats

15Products that—
(a)
fall within any of paragraphs (a) to (c) in Point 1 of Part VII of Annex
VII of the CMO Regulation, and
(b)
have a fat content of at least 10% but not more than 90% by weight

Beef and veal

20Products falling within the table in Part XV of Annex 1 of the CMO
Regulation, but excluding any entry in the table for live animals

Poultry and poultrymeat

Products falling within the table in Part XX of Annex 1 of the CMO
Regulation, including any entry in the table for live poultry

25Eggs and egg products

Products falling within the table in Part XIX of Annex 1 of the CMO
Regulation, including any entry in the table for eggs

Fruit and vegetables, other than olives

Products falling within the table in any of Parts IX to XI of Annex 1 of the
30CMO Regulation

Olive oil and table olives

Products falling within the table in Part VII of Annex 1 of the CMO
Regulation

Agriculture BillPage 57
Hops

Products falling within the table in Part VI of Annex 1 of the CMO
Regulation

Wine

5Products falling within the table in Part XII of Annex 1 of the CMO
Regulation

Aromatised wine

Products falling within the definition of “aromatised wine products” in
Article 3 of the Aromatised Wine Regulation

10Interpretation
In this Schedule—

references to the CMO Regulation are to that Regulation as amended
from time to time before IP completion day;
“the Aromatised Wine Regulation” means Regulation (EU) No 251/
152014 of the European Parliament and of the Council of 26 February
2014 on the definition, description, presentation, labelling and the
protection of geographical indications of aromatised wine products
as amended from time to time before IP completion day.

Section 43
SCHEDULE 520Provision relating to Wales

Part 1Financial support after EU exit
Direct payments after EU exit: interpretation
1(1)This paragraph defines or explains expressions used in this paragraph and
25paragraphs 2 and 3.
(2)The “basic payment scheme” is the Basic Payment Scheme under the Direct
Payments Regulation (see Title III of that Regulation), as it operates in
relation to Wales, including the arrangements relating to each of the
following elements of direct payments under that scheme—
(a)30so much of a direct payment that does not consist of a redistributive,
greening or young farmers payment (see Chapter 1 of Title III),
(b)a redistributive payment (see Chapter 2 of Title III),
(c)a greening payment (see Chapter 3 of Title III), and
(d)a young farmers payment (see article 50 of that Regulation).
(3)35The “legislation governing the basic payment scheme” is—
(a)the following retained direct EU legislation—
(i)the Direct Payments Regulation;
Agriculture BillPage 58
(ii)any Council Delegated Regulation, or Commission
Delegated Regulation, made under the Direct Payments
Regulation;
(iii)any other retained direct EU legislation which relates to the
5operation of the basic payment scheme, and
(b)any subordinate legislation relating to retained direct EU legislation
falling within paragraph (a).
(4)References to a direct payment under the basic payment scheme are to any
payment under that scheme, whether or not including a redistributive
10payment, a greening payment, a young farmers payment or any two or more
of those elements.
(5)The “Direct Payments Regulation” is 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
15framework of the common agricultural policy.
Power to modify legislation governing the basic payment scheme
2(1)The Welsh Ministers may by regulations modify legislation governing the
basic payment scheme for or in connection with making changes the Welsh
Ministers consider will simplify or improve the scheme (so far as it operates
20in relation to Wales).
(2)The provision which may be made under sub-paragraph (1) includes
provision made for or in connection with terminating greening payments in
relation to Wales before the end of the agricultural transition period for
Wales.
(3)25Regulations under this paragraph are subject to negative resolution
procedure (unless section 47(5) applies).
Power to provide for the continuation of the basic payment scheme beyond 2020
3(1)The Welsh Ministers may by regulations modify legislation governing the
basic payment scheme to make provision for or in connection with securing
30that the basic payment scheme continues to operate in relation to Wales for
one or more years beyond 2020.
(2)The power conferred by sub-paragraph (1) includes power to provide for the
direct payments ceiling for Wales for any relevant year to be determined, in
a specified manner, by the Welsh Ministers.
(3)35Provision made by virtue of sub-paragraph (2)—
(a)must require a determination in respect of a relevant year to be
published as soon as practicable after it has been made, and
(b)may confer functions on any person in connection with, or with the
making of, a determination in respect of a relevant year.
(4)40In this paragraph—

“the direct payments ceiling for Wales” is the national ceiling of the
kind referred to in Article 6 of the Direct Payments Regulation that is
applicable in relation to Wales for any relevant year;
Agriculture BillPage 59
“relevant year” means a year in respect of which direct payments under
the basic payment scheme fall, as a result of provision made under
sub-paragraph (1), to be made in relation to Wales;
“specified” means specified in regulations under this paragraph.

(5)5Nothing in this paragraph affects any power under this Part or any other
enactment to amend or revoke provisions of the legislation governing the
basic payment scheme for any year or years beyond 2020.
(6)Regulations under this paragraph are subject to affirmative resolution
procedure.
10Other financial support: modification in relation to Wales of general provision connected with
payments to farmers and other beneficiaries
4(1)The Welsh Ministers may by regulations modify—
(a)retained direct EU legislation relating to the financing, management
and monitoring of the common agricultural policy, and
(b)15subordinate legislation relating to that legislation.
(2)Regulations under this paragraph may only be made for the purpose of—
(a)securing that any provision of legislation referred to in sub-
paragraph (1) ceases to have effect in relation to Wales, or
(b)simplifying or improving the operation of any provision of such
20legislation in relation to Wales.
(3)In this paragraph “retained direct EU legislation relating to the financing,
management and monitoring of the common agricultural policy” includes—
(a)Regulation (EU) No 1306/2013 of the European Parliament and of
the Council of 17 December 2013 on the financing, management and
25monitoring of the common agricultural policy,
(b)retained direct EU legislation made under that Regulation.
(4)Regulations under this paragraph are subject to negative resolution
procedure (unless section 47(5) applies).
Support for rural development: modification of legislation in relation to Wales
5(1)30The Welsh Ministers may by regulations modify—
(a)retained direct EU legislation relating to support for rural
development, and
(b)subordinate legislation relating to that legislation.
(2)Regulations under this paragraph may only be made for the purpose of—
(a)35securing that any provision of legislation referred to in sub-
paragraph (1) ceases to have effect in relation to Wales, or
(b)simplifying or improving the operation of any provision of such
legislation so far as it continues to have effect in relation to Wales
(pending the achievement of the purpose in paragraph (a)).
(3)40In this paragraph “retained direct EU legislation relating to support for rural
development” includes in particular—
(a)Regulation (EU) No 1305/2013 of the European Parliament and of
the Council of 17 December 2013 on support for rural development,
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(b)Regulation (EU) No 1310/2013 of the European Parliament and of
the Council of 17 December 2013 laying down certain transitional
provisions on support for rural development,
(c)Council Regulation (EC) No 1698/2005 of 20 September 2005 on
5support for rural development,
(d)so far as it relates to support for rural development, Regulation (EU)
No 1303/2013 of the European Parliament and of the Council of 17
December 2013 laying down common provisions on the European
Regional Development Fund, the European Social Fund, the
10Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund etc,
(e)Council Regulation (EC) No 1257/99 of 17 May 1999 on support for
rural development,
(f)Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a
15Community aid scheme for forestry measures in agriculture,
(g)Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the
protection of the environment and the maintenance of the
countryside, and
(h)20retained direct EU legislation made under the retained direct EU
legislation in paragraphs (a) to (g).
(4)Regulations under this paragraph are subject to negative resolution
procedure (unless section 47(5) applies).

Part 225Intervention in agricultural markets
Declaration relating to exceptional market conditions
6(1)The Welsh Ministers may make and publish a declaration in accordance
with this paragraph if the Welsh Ministers consider that there are
exceptional market conditions which justify making the powers conferred
30by or referred to in paragraph 7 available for use.
(2)In this Part “exceptional market conditions” exist where—
(a)there is a severe disturbance in agricultural markets or a serious
threat of a severe disturbance in agricultural markets, and
(b)the disturbance or threatened disturbance has, or is likely to have, a
35significant adverse effect on agricultural producers in Wales in terms
of the prices achievable for one or more agricultural products.
(3)A declaration must—
(a)state that the Welsh Ministers consider that there are exceptional
market conditions which justify making the declaration,
(b)40describe the exceptional market conditions in question, in particular
by specifying—
(i)the disturbance or threatened disturbance in agricultural
markets,
(ii)any agricultural product which is or is likely to be affected by
45the disturbance or threatened disturbance, and

Chris F · Jan 16, 2020

Pages 60-69

Agriculture BillPage 61
(iii)the grounds for considering that the conditions in sub-
paragraph (2)(a) and (b) are met in relation to that
disturbance or threatened disturbance,
(c)describe the grounds for considering that the exceptional market
5conditions justify making the powers conferred by or referred to in
paragraph 7 available for use, and
(d)state that the powers conferred by or referred to in paragraph 7 are
(unless the declaration is revoked sooner) available for use in
relation to the exceptional market conditions until such day as the
10declaration may specify.
(4)A declaration has effect from when it is published until the end of the day
specified under sub-paragraph (3)(d) (which may not be later than the last
day of the period of three months beginning with the day on which it is
published).
(5)15The Welsh Ministers may revoke a declaration by making and publishing a
further declaration stating that the declaration is revoked.
(6)If at any time during the period of 7 days ending with the day specified
under sub-paragraph (3)(d) the Welsh Ministers consider that—
(a)there continue to be exceptional market conditions, and
(b)20they justify extending the availability of the powers conferred by or
referred to in paragraph 7,
the Welsh Ministers may make and publish a further declaration extending
the effect of the original declaration for such period (not exceeding three
months) as the further declaration may specify.
(7)25The fact that a declaration under this paragraph has expired or been revoked
does not prevent the Welsh Ministers from making and publishing another
declaration relating in whole or part to the same exceptional market
conditions.
(8)A copy of any declaration made and published under this paragraph must
30be laid before the National Assembly for Wales by the Welsh Ministers as
soon as practicable after it is published.
(9)In this paragraph and paragraph 7 a reference to agricultural markets,
agricultural producers or agricultural products includes horticultural
markets, horticultural producers or horticultural products (as the case may
35be).
Exceptional market conditions: powers available to Welsh Ministers
7(1)This paragraph applies during the period for which a declaration under
paragraph 6 has effect.
(2)The Welsh Ministers may give, or agree to give, financial assistance to
40agricultural producers in Wales whose incomes are being, or are likely to be,
adversely affected by the exceptional market conditions described in the
declaration.
(3)The Welsh Ministers may also make such use as the Welsh Ministers
consider appropriate of any available powers under retained direct EU
45legislation which provides for the operation of public intervention and aid
for private storage mechanisms, in response to a declaration under
paragraph 6.
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(4)Financial assistance under sub-paragraph (2) may be given by way of grant,
loan or guarantee or in any other form.
(5)The financial assistance may be given subject to such conditions as the Welsh
Ministers consider appropriate.
(6)5The conditions may (among other things) include provision under which the
financial assistance is to be repaid or otherwise made good (with or without
interest).
(7)Nothing in sub-paragraph (1) or (2) prevents the Welsh Ministers from
giving, or agreeing to give, financial assistance under sub-paragraph (2)—
(a)10after the end of the period for which the declaration has effect, but
(b)in response to an application duly made during that period.
Power to modify retained direct EU legislation relating to public market intervention and
private storage aid
8(1)The Welsh Ministers may by regulations modify retained direct EU
15legislation relating to public market intervention or aid for private storage,
for the purpose of altering the operation of provisions of such legislation so
far as they have effect in relation to Wales in connection with exceptional
market conditions which are the subject of a declaration under paragraph 6.
(2)The Welsh Ministers may by regulations modify retained direct EU
20legislation relating to public market intervention or aid for private storage,
for either or both of the following purposes—
(a)securing that provisions of such legislation cease to have effect in
relation to Wales, otherwise than in connection with exceptional
market conditions which are the subject of a declaration under
25paragraph 6;
(b)altering the operation of provisions of such legislation, so far as they
have effect in relation to Wales otherwise than in connection with
such market conditions (pending the achievement of the purpose in
paragraph (a) in relation to those provisions).
(3)30The power conferred by sub-paragraph (1) includes power to make
modifications that apply only in relation to the exceptional market
conditions which are the subject of a particular declaration specified in the
regulations.
(4)The powers conferred by sub-paragraphs (1) and (2) include power to
35change the agricultural products that are eligible for public market
intervention or aid for private storage.
(5)Regulations under this paragraph are subject to negative resolution
procedure (unless section 47(5) applies).
(6)In this paragraph “retained direct EU legislation relating to public market
40intervention or aid for private storage” includes—
(a)Articles 8 to 18 of the CMO Regulation;
(b)Council Regulation (EU) No 1370/2013 of 16 December 2013
determining measures on fixing certain aids and refunds related to
the common organisation of the markets in agricultural products (so
45far as relating to public market intervention and aid for private
storage);
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(c)the following Commission Regulations (so far as relating to public
market intervention and aid for private storage)—
(i)Commission Delegated Regulation (EU) 2016/1238 of 18
May 2016 supplementing the CMO Regulation with regard to
5public intervention and aid for private storage;
(ii)Commission Implementing Regulation (EU) 2016/1240 of 18
May 2016 laying down rules for the application of the CMO
Regulation with regard to public intervention and aid for
private storage;
(iii)10Commission Delegated Regulation (EU) 2017/1182 of 20
April 2017 supplementing the CMO Regulation as regards
the Union scales for the classification of beef, pig and sheep
carcasses and as regards the reporting of market prices of
certain categories of carcasses and live animals.
(7)15Until paragraph 2 of Schedule 7 (amendment of Articles 219, 220, 221 and
222 of the CMO Regulation) is in force, any reference in this paragraph to
exceptional market conditions which are the subject of a declaration under
paragraph 6 includes a reference to circumstances which are the subject of
measures under any of those Articles.

20Part 3Collection and sharing of data
Agri-food supply chains: requirement to provide information
9(1)The Welsh Ministers may require a person in, or closely connected with, an
agri-food supply chain to provide information about matters connected with
25any of the person’s activities connected with the supply chain so far as the
activities are in Wales.
(2)The Welsh Ministers may make regulations requiring a person in, or closely
connected with, an agri-food supply chain to provide information about
matters connected with any of the person’s activities connected with the
30supply chain so far as the activities are in Wales.
(3)See paragraph 10 for provision about—
(a)the meaning of “agri-food supply chain”,
(b)who is in such a supply chain, and
(c)who is closely connected with such a supply chain.
(4)35Sub-paragraphs (1) and (2) do not apply in relation to individuals in a
supply chain so far as they are in the supply chain by reason of them, or
members of their households, being the ultimate consumers (see paragraph
10).
(5)A requirement imposed on a person under sub-paragraph (1) or (2) does not
40apply to so much of the information as the person would in legal
proceedings be entitled to refuse to provide on grounds of legal privilege.
(6)A requirement under sub-paragraph (1) must be in writing.
(7)Sub-paragraph (1) binds the Crown.
(8)Regulations under sub-paragraph (2) are subject to affirmative resolution
45procedure.
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Meaning of “agri-food supply chain”
10(1)This paragraph has effect for the purposes of this Part.
(2)An “agri-food supply chain” is a supply chain for providing individuals
with items of food or drink for personal consumption where the items
5consist of or include, or have been produced using (directly or indirectly,
and whether or not exclusively), the whole or part of—
(a)anything grown or otherwise produced in carrying on agriculture,
(b)any creature kept in carrying on agriculture, or
(c)any creature or other thing taken from the wild.
(3)10The persons in an agri-food supply chain are—
(a)those individuals (“the ultimate consumers”),
(b)the persons carrying on the agriculture or (as the case may be) taking
things from the wild, and
(c)anybody in the supply chain between those persons and the ultimate
15consumers.
(4)The persons “closely connected” with an agri-food supply chain are—
(a)anybody supplying seeds, stock, equipment, feed, fertiliser,
pesticides, medicines or similar items to the persons within sub-
paragraph (3)(b) for use in the agriculture or taking,
(b)20anybody providing, to persons within sub-paragraph (3)(b) or (c),
services related to—
(i)the health of creatures, or plants, involved in the supply
chain, or
(ii)the safety or quality of the food or drink to be provided to the
25ultimate consumers,
(c)any person carrying on activities capable of affecting a matter
mentioned in sub-paragraph (i) or (ii) of paragraph (b), and
(d)bodies representing persons within any of paragraphs (b) and (c) of
sub-paragraph (3) and paragraphs (a), (b) and (c) of this sub-
30paragraph.
(5)Activities of the kind mentioned in sub-paragraph (4)(c) are to be treated for
the purposes of paragraph 9(1) and (2) as connected with the supply chain,
but this is not to be read as limiting the generality of “connected” in
paragraph 9(1) and (2).
(6)35In this paragraph—

“agriculture” includes any growing of plants, and any keeping of
creatures, for the production of food or drink;
“plants” includes fungi;
“seeds” includes bulbs and other things from which plants grow.

40Requirement must specify purposes for which information may be processed
11(1)This paragraph applies to a requirement imposed under paragraph 9(1) or
(2).
(2)The requirement must specify the purposes for which the information may
be processed.
Agriculture BillPage 65
(3)Each purpose specified must be in, or covered by, the list of purposes in sub-
paragraph (4).
(4)The list of purposes is as follows—
(a)helping persons in agri-food supply chains to—
(i)5increase productivity,
(ii)manage risks (including, but not limited to, financial risks,
non-financial trading risks, climatic risks, and risks of or from
disease or pollution), or
(iii)manage market volatility;
(b)10promoting transparency or fairness in agri-food supply chains;
(c)promoting the health, welfare or traceability of creatures of a kind
kept for the production of food, drink, fibres or leathers;
(d)promoting the health or quality of plants, fungi or soil;
(e)minimising adverse environmental effects of activities connected
15with agri-food supply chains;
(f)minimising waste arising from activities connected with agri-food
supply chains;
(g)monitoring, or analysing, markets connected with agri-food supply
chains.
(5)20For the meaning of “agri-food supply chain” (and “person in” such a chain)
see paragraph 10.
Requirements under paragraph 9(1): duty to publish draft requirement
12(1)Before a particular requirement is imposed under paragraph 9(1), the Welsh
Ministers must have—
(a)25published—
(i)a draft of the requirement,
(ii)a description of the persons on whom it is proposed that the
requirement may be imposed, and
(iii)the deadline for making comments on the draft, which must
30not be earlier than 4 weeks after the date of publication, and
(b)decided, in the light of comments received before the deadline (and
any other relevant matters), whether the requirement should be
imposed in the terms of the draft or in revised terms.
(2)A requirement in the decided form may be imposed on a person at any times
35after the decision when the person is within the published description.
Provision of required information and limitations on its processing
13(1)This paragraph applies to a requirement imposed under paragraph 9(1) or
(2).
(2)Information provided in response to the requirement may be processed for,
40but only for, purposes specified in the requirement (see paragraph 11).
(3)Sub-paragraph (2) applies—
(a)to the person to whom the information is provided, and
(b)to a person to whom the information is disclosed,
but, in the case of a person within paragraph (b), sub-paragraph (2) does not
45authorise processing contrary to the terms on which disclosure is made.
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(4)Sub-paragraphs (2) and (3) are subject to sub-paragraphs (7) to (9).
(5)The requirement may specify how and when the required information is to
be provided, including (in particular)—
(a)the person to whom the information is to be provided (who may be
5a person other than the Welsh Ministers);
(b)the form in which the information is to be provided;
(c)the means by which it is to be provided;
(d)the time or times at which, or by when, it is to be provided.
(6)The requirement must specify—
(a)10the types of processing to which the information may be subjected,
and
(b)if the types of processing specified include disclosure of any kind, the
forms in which the information may be disclosed.
(7)Information provided in response to the requirement—
(a)15may not be subjected to types of processing other than those
specified in the requirement, and
(b)may not be disclosed in any form other than those specified in the
requirement,
except in circumstances specified in the requirement.
(8)20Sub-paragraph (9) applies if—
(a)information is provided in response to the requirement, and
(b)a person (“P”) proposes to make a disclosure of the information that
is permitted by sub-paragraph (7).
(9)Where P proposes that the disclosure should be of the information otherwise
25than in anonymised form—
(a)P must consider where the disclosure (if made in the form proposed)
would, or might, prejudice the commercial interests of any person,
and
(b)if P considers that it would or might do so, the disclosure (if made)
30must be of the information in anonymised form unless the Welsh
Ministers consider that it is in the public interest for the disclosure to
be of the information in some other form permitted by sub-
paragraph (7) (in which event the disclosure may be of the
information in that other form).
(10)35In this Part “processing”, in relation to information, means an operation or
set of operations which is performed on information, or on sets of
information, such as—
(a)collection, recording, organisation, structuring or storage,
(b)adaptation or alteration,
(c)40retrieval, consultation or use,
(d)disclosure by transmission, dissemination or otherwise making
available,
(e)alignment or combination, or
(f)restriction, erasure or destruction.
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Enforcement of information requirements
14(1)The Welsh Ministers may by regulations make provision for enforcement of
a requirement imposed under paragraph 9(1) or (2).
(2)In the following provisions of this paragraph “specified” means specified in
5regulations under sub-paragraph (1).
(3)In sub-paragraph (1) “enforcement” includes (in particular)—
(a)monitoring compliance,
(b)investigating non-compliance, and
(c)dealing with non-compliance.
(4)10The provision that may be made by regulations under sub-paragraph (1)
includes (in particular)—
(a)provision for the imposition of monetary penalties for non-
compliance with requirements, whether penalties—
(i)of a specified amount,
(ii)15of an amount calculated in a specified manner,
(iii)of an amount, not exceeding a specified maximum or a
maximum calculated in a specified manner, decided by a
specified person or a person of a specified description, or
(iv)by way of suspending, or withholding, payment of any
20amounts;
(b)provision for recovery of amounts due in respect of monetary
penalties, including provision for any of interest, set-off and security
for payment;
(c)provision about the giving of advice or warnings;
(d)25provision for the acceptance of undertakings to take, or refrain from
taking, particular actions;
(e)provision giving persons functions in connection with enforcement
of requirements;
(f)provision about review of, or appeals against, things done (including
30decisions made) in connection with enforcement of requirements.
(5)In sub-paragraph (4)(a) “specified manner” includes (in particular) a manner
framed by reference to a specified matter such as a person’s profits, income
or turnover.
(6)Regulations under sub-paragraph (1) are subject to affirmative resolution
35procedure.

Part 4Marketing standards and carcass classification
Marketing standards
15(1)The Welsh Ministers may by regulations, in relation to agricultural products
40that—
(a)are listed in paragraph 16(1), and
(b)are marketed in Wales,
make provision about the standards with which those products must
conform (“marketing standards”).
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(2)The regulations may cover matters such as—
(a)technical definitions, designation and sales descriptions;
(b)classification criteria such as grading into classes, weight, sizing, age
and category;
(c)5the species, plant variety or animal breed or the commercial type;
(d)the presentation, labelling, packaging, rules to be applied in relation
to packaging centres, marking, years of harvesting and use of
specific terms;
(e)criteria such as appearance, consistency, conformation, product
10characteristics and the percentage of water content;
(f)specific substances used in production, or components or
constituents, including their quantitative content, purity and
identification;
(g)the type of farming and production method, including oenological
15practices;
(h)coupage of must and wine (including definitions of those terms),
blending and restrictions thereof;
(i)the frequency of collection, delivery, preservation and handling, the
conservation method and temperature, storage and transport;
(j)20the place of farming or origin, excluding live poultry, poultrymeat
and spreadable fats;
(k)restrictions as regards the use of certain substances and practices;
(l)specific use of products;
(m)the conditions governing the disposal, the holding, circulation and
25use of products not in conformity with the marketing standards, and
the disposal of by-products;

the use of terms communicating value-added characteristics or
attributes.
(3)Regulations under sub-paragraph (1) may include provision about
30enforcement, which may (among other things) include provision—
(a)about the provision of information;
(b)conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
(d)about the keeping of records;
(e)35imposing monetary penalties;
(f)creating summary offences punishable with a fine (or a fine not
exceeding an amount specified in the regulations, which must not
exceed level 4 on the standard scale);
(g)about appeals;
(h)40conferring functions (including functions involving the exercise of a
discretion) on a person.
(4)Regulations under this paragraph may not authorise entry to a private
dwelling without a warrant issued by a justice of the peace.
(5)Regulations under this paragraph are subject to affirmative resolution
45procedure.
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Agricultural products
16(1)The agricultural products mentioned in paragraph 15(1) are products falling
within any of the following—
(a)entries (a) to (f) in the table in Part XVI of Annex 1 of the CMO
5Regulation (milk and milk products);
(b)where the product has a fat content of at least 10% but not more than
90% by weight, paragraphs (a) to (c) in Point 1 of Part VII of Annex
VII of the CMO Regulation (spreadable fats);
(c)the table in Part XV of Annex 1 of the CMO Regulation, but excluding
10any entry in the table for live animals (beef and veal);
(d)the table in Part XX of Annex 1 of the CMO Regulation, including any
entry in the table for live poultry (poultry and poultrymeat);
(e)the table in Part XIX of Annex 1 of the CMO Regulation (eggs and egg
products);
(f)15the table in any of Parts IX to XI of Annex 1 of the CMO Regulation
(fruit and vegetables, other than olives);
(g)the table in Part VII of Annex 1 of the CMO Regulation (olive oil and
table olives);
(h)the table in Part VI of Annex 1 of the CMO Regulation (hops);
(i)20the table in Part XII of Annex 1 of the CMO Regulation (wine);
(j)the definition of “aromatised wine products” in Article 3 of the
Aromatised Wine Regulation (aromatised wine).
(2)In sub-paragraph (1)—
(a)references to the CMO Regulation are to that Regulation as amended
25from time to time before IP completion day, and
(b)“the Aromatised Wine Regulation” means Regulation (EU) No 251/
2014 of the European Parliament and of the Council of 26 February
2014 on the definition, description, presentation, labelling and the
protection of geographical indications of aromatised wine products
30as amended from time to time before IP completion day.
(3)The Welsh Ministers may by regulations amend this paragraph and
paragraph 15 for or in connection with the purpose of—
(a)adding or removing an agricultural product from sub-paragraph (1);
(b)altering the description of an agricultural product in sub-paragraph
35(1).
(4)Regulations under this paragraph are subject to affirmative resolution
procedure.
Carcass classification
17(1)The Welsh Ministers may by regulations make provision about the
40classification, identification and presentation of bovine, pig and sheep
carcasses by slaughterhouses in Wales.
(2)Regulations under sub-paragraph (1) may include provision about
enforcement, which may (among other things) include provision—
(a)about the provision of information;
(b)45conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
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(d)about the keeping of records;
(e)imposing monetary penalties;
(f)creating summary offences punishable with a fine (or a fine not
exceeding an amount specified in the regulations, which must not
5exceed level 4 on the standard scale);
(g)about appeals;
(h)conferring functions (including functions involving the exercise of a
discretion) on a person.
(3)Regulations under this paragraph may not authorise entry to a private
10dwelling without a warrant issued by a justice of the peace.
(4)Regulations under this paragraph are subject to affirmative resolution
procedure.

Part 5Data protection
18(1)15This paragraph applies to a duty or power to disclose or use information
where the duty or power is imposed or conferred by or under any provision
of this Schedule.
(2)A duty or power to which this paragraph applies does not operate to require
or authorise the disclosure or use of information which would contravene
20the data protection legislation (but the duty or power is to be taken into
account in determining whether the disclosure or use would contravene that
legislation).
(3)In this paragraph “data protection legislation” has the same meaning as in
the Data Protection Act 2018 (see section 3 of that Act).

Section 45
25SCHEDULE 6Provision relating to Northern Ireland

Part 1Financial support after EU exit
Direct payments after EU Exit: interpretation
1(1)30This paragraph defines or explains expressions used in this paragraph and
paragraphs 2 to 4.
(2)The “basic payment scheme” is the Basic Payment Scheme under the Direct
Payments Regulation (see Title III of that Regulation), as it operates in
relation to Northern Ireland, including the arrangements relating to each of
35the following elements of direct payments under the scheme—
(a)a basic payment for farmers (see Chapter 1 of Title III),
(b)a greening payment (see Chapter 3 of Title III),
(c)a young farmers payment (see article 50 of that Regulation),

Chris F · Jan 16, 2020

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(d)if a decision to make such payments is taken, a redistributive
payment (see Chapter 2 of Title III), and
(e)if provision under paragraph 2(1)(b) is made, a payment for areas
with natural constraints.
(3)5The “coupled support scheme” is the voluntary coupled support scheme
under the Direct Payments Regulation as the Regulation applies in relation
to Northern Ireland (see Chapter 1 of Title IV of the Regulation).
(4)The “legislation governing the basic payment scheme” is—
(a)the following retained direct EU legislation—
(i)10the Direct Payments Regulation;
(ii)any Council Delegated Regulation, or Commission
Delegated Regulation, made under the Direct Payments
Regulation;
(iii)any other retained direct EU legislation which relates to the
15operation of the basic payment scheme; and
(b)any subordinate legislation relating to retained direct EU legislation
falling within paragraph (a).
(5)The “legislation governing the coupled support scheme” is—
(a)the following retained direct EU legislation—
(i)20the Direct Payments Regulation so far as relating to the
coupled support scheme,
(ii)any Council Delegated Regulation, or Commission
Delegated Regulation, made under the Direct Payments
Regulation and so far as relating to the coupled support
25scheme,
(iii)any other retained direct EU legislation which relates to the
coupled support scheme, and
(b)any subordinate legislation relating to retained direct EU legislation
falling within paragraph (a).
(6)30The “Direct Payments Regulation” is 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 policy.
Power to modify legislation governing the basic payment scheme
2(1)35DAERA may by regulations modify legislation governing the basic payment
scheme for or in connection with—
(a)making changes DAERA considers will simplify or improve the
scheme (so far as it operates in relation to Northern Ireland);
(b)making provision, including provision corresponding to that made
40in Chapter 4 of Title III of the Direct Payments Regulation as it has
effect in EU law immediately before exit day, for the elements of a
direct payment under the scheme as it operates in relation to
Northern Ireland to include a payment for areas with natural
constraints.
(2)45The provision which may be made under sub-paragraph (1)(a) includes
provision made for or in connection with terminating either or both of
greening payments and young farmers payments in relation to Northern
Ireland.
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(3)Regulations under this paragraph are subject to affirmative resolution
procedure.
Power to provide for the continuation of the basic payment scheme beyond 2020
3(1)DAERA may by regulations modify legislation governing the basic payment
5scheme to make provision for or in connection with securing that the basic
payment scheme continues to operate in relation to Northern Ireland for one
or more years beyond 2020.
(2)The power conferred by sub-paragraph (1) includes power to provide for the
direct payments ceiling for Northern Ireland for any relevant year to be
10determined, in a specified manner, by DAERA.
(3)Provision made by virtue of sub-paragraph (2)—
(a)must require a determination in respect of a relevant year to be
published as soon as practicable after it has been made, and
(b)may confer functions on any person in connection with, or with the
15making of, a determination in respect of a relevant year.
(4)In this paragraph—

“the direct payments ceiling for Northern Ireland” is the national
ceiling of the kind referred to in Article 6 of the Direct Payments
Regulation that is applicable in relation to Northern Ireland for any
20relevant year;
“relevant year” means a year in respect of which direct payments under
the basic payment scheme fall, as a result of provision under sub-
paragraph (1), to be made in relation to Northern Ireland;
“specified” means specified in regulations under this paragraph.

(5)25Regulations under this paragraph are subject to affirmative resolution
procedure.
Power to modify legislation governing the coupled support scheme
4(1)DAERA may by regulations modify legislation governing the coupled
support scheme for or in connection with—
(a)30making provision for the continuation, in relation to Northern
Ireland, of the option to make payments under the scheme after any
time at which, without the provision, the option would terminate;
(b)making changes DAERA considers will simplify or improve the
scheme so far as it operates, or could be operated, in relation to
35Northern Ireland.
(2)Regulations under this paragraph are subject to affirmative resolution
procedure.
General provision connected with payments to farmers and other beneficiaries: modification in
relation to Northern Ireland
5(1)40DAERA may by regulations modify any of the following legislation—
(a)retained direct EU legislation relating to the financing, management
and monitoring of the common agricultural policy, and
(b)subordinate legislation relating to that legislation.
(2)Regulations under this paragraph may only be made for the purpose of—
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(a)securing that any provision of legislation referred to in sub-
paragraph (1) ceases to have effect in relation to Northern Ireland, or
(b)simplifying or improving the operation of any provision of such
legislation in relation to Northern Ireland.
(3)5In this paragraph “retained direct EU legislation relating to the financing,
management and monitoring of the common agricultural policy” includes—
(a)Regulation (EU) No 1306/2013 of the European Parliament and of
the Council of 17 December 2013 on the financing, management and
monitoring of the common agricultural policy,
(b)10retained direct EU legislation made under that Regulation.
(4)Regulations under this paragraph are subject to negative resolution
procedure (unless section 47(5) applies).
Support for rural development: modification of legislation in relation to Northern Ireland
6(1)DAERA may by regulations modify any of the following legislation so far as
15it has effect in relation to Northern Ireland—
(a)retained direct EU legislation relating to support for rural
development, and
(b)subordinate legislation relating to that legislation.
(2)In this paragraph “retained direct EU legislation relating to support for rural
20development” includes in particular—
(a)Regulation (EU) No 1305/2013 of the European Parliament and of
the Council of 17 December 2013 on support for rural development,
(b)Regulation (EU) No 1310/2013 of the European Parliament and of
the Council of 17 December 2013 laying down certain transitional
25provisions on support for rural development,
(c)Council Regulation (EC) No 1698/2005 of 20 September 2005 on
support for rural development,
(d)so far as it relates to support for rural development, Regulation (EU)
No 1303/2013 of the European Parliament and of the Council of 17
30December 2013 laying down common provisions on the European
Regional Development Fund, the European Social Fund, the
Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund etc,
(e)Council Regulation (EC) No 1257/99 of 17 May 1999 on support for
35rural development,
(f)Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a
Community aid scheme for forestry measures in agriculture,
(g)Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the
40protection of the environment and the maintenance of the
countryside, and
(h)retained direct EU legislation made under the retained direct EU
legislation in paragraphs (a) to (g).
(3)Regulations under this paragraph are subject to affirmative resolution
45procedure.
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Part 2Intervention in agricultural markets
Exceptional market conditions: powers available to DAERA
7(1)Where DAERA considers that—
(a)5there is a severe disturbance in agricultural markets or a serious
threat of a severe disturbance in agricultural markets, and
(b)the disturbance or threatened disturbance has, or is likely to have, a
significant adverse effect on agricultural producers in Northern
Ireland in terms of the prices achievable for one or more agricultural
10products,
DAERA may give, or agree to give, financial assistance to agricultural
producers in Northern Ireland whose incomes are being, or are likely to be,
adversely affected by the disturbance in agricultural markets.
(2)DAERA may also make such use as DAERA considers appropriate of any
15available powers under retained direct EU legislation which provides for the
operation of public intervention and aid for private storage mechanisms, as
an alternative to, or in conjunction with, financial assistance under sub-
paragraph (1).
(3)Financial assistance under sub-paragraph (1) may be given by way of grant,
20loan or guarantee or in any other form.
(4)The financial assistance may be given subject to such conditions as DAERA
considers appropriate.
(5)The conditions may (among other things) include provision under which the
financial assistance is to be repaid or otherwise made good (with or without
25interest).
(6)In this paragraph a reference to agricultural markets, agricultural products
or agricultural producers includes horticultural markets, horticultural
products or horticultural producers (as the case may be).
Power to modify retained direct EU legislation relating to public market intervention and
30private storage aid
8(1)DAERA may by regulations modify retained direct EU legislation relating to
public market intervention or aid for private storage, for either or both of the
following purposes—
(a)securing that provisions of such legislation cease to have effect in
35relation to Northern Ireland;
(b)altering the operation of provisions of such legislation, so far as they
have effect in relation to Northern Ireland (pending the achievement
of the purpose in paragraph (a) in relation to those provisions).
(2)The power conferred by sub-paragraph (1) includes power to change the
40agricultural products that are eligible for public market intervention or aid
for private storage.
(3)Regulations under this paragraph are subject to affirmative resolution
procedure.
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(4)In this paragraph “retained direct EU legislation relating to public market
intervention or aid for private storage” includes—
(a)Articles 8 to 18 of the CMO Regulation;
(b)Council Regulation (EU) No 1370/2013 of 16 December 2013
5determining measures on fixing certain aids and refunds related to
the common organisation of the markets in agricultural products (so
far as relating to public market intervention and aid for private
storage);
(c)the following Commission Regulations (so far as relating to public
10market intervention and aid for private storage)—
(i)Commission Delegated Regulation (EU) 2016/1238 of 18
May 2016 supplementing the CMO Regulation with regard to
public intervention and aid for private storage;
(ii)Commission Implementing Regulation (EU) 2016/1240 of 18
15May 2016 laying down rules for the application of the CMO
Regulation with regard to public intervention and aid for
private storage;
(iii)Commission Delegated Regulation (EU) 2017/1182 of 20
April 2017 supplementing the CMO Regulation as regards
20the Union scales for the classification of beef, pig and sheep
carcasses and as regards the reporting of market prices of
certain categories of carcasses and live animals.

Part 3Collection and sharing of data
25Agri-food supply chains: requirement to provide information
9(1)DAERA may require a person in, or closely connected with, an agri-food
supply chain to provide information about matters connected with any of
the person’s activities connected with the supply chain so far as the activities
are in Northern Ireland.
(2)30DAERA may make regulations requiring a person in, or closely connected
with, an agri-food supply chain to provide information about matters
connected with any of the person’s activities connected with the supply
chain so far as the activities are in Northern Ireland.
(3)See paragraph 10 for provision about—
(a)35the meaning of “agri-food supply chain”,
(b)who is in such a supply chain, and
(c)who is closely connected with such a supply chain.
(4)Sub-paragraphs (1) and (2) do not apply in relation to individuals in a
supply chain so far as they are in the supply chain by reason of them, or
40members of their households, being the ultimate consumers (see paragraph
10).
(5)A requirement imposed on a person under sub-paragraph (1) or (2) does not
apply to so much of the information as the person would in legal
proceedings be entitled to refuse to provide on grounds of legal privilege.
(6)45A requirement under sub-paragraph (1) must be in writing.
(7)Sub-paragraph (1) binds the Crown.
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(8)Regulations under sub-paragraph (2) are subject to affirmative resolution
procedure.
Meaning of “agri-food supply chain”
10(1)This paragraph has effect for the purposes of this Part.
(2)5An “agri-food supply chain” is a supply chain for providing individuals
with items of food or drink for personal consumption where the items
consist of or include, or have been produced using (directly or indirectly,
and whether or not exclusively), the whole or part of—
(a)anything grown or otherwise produced in carrying on agriculture,
(b)10any creature kept in carrying on agriculture, or
(c)any creature or other thing taken from the wild.
(3)The persons in an agri-food supply chain are—
(a)those individuals (“the ultimate consumers”),
(b)the persons carrying on the agriculture or (as the case may be) taking
15things from the wild, and
(c)anybody in the supply chain between those persons and the ultimate
consumers.
(4)The persons “closely connected” with an agri-food supply chain are—
(a)anybody supplying seeds, stock, equipment, feed, fertiliser,
20pesticides, medicines or similar items to the persons within sub-
paragraph (3)(b) for use in the agriculture or taking,
(b)anybody providing, to persons within sub-paragraph (3)(b) or (c),
services related to—
(i)the health of creatures, or plants, involved in the supply
25chain, or
(ii)the safety or quality of the food or drink to be provided to the
ultimate consumers,
(c)any person carrying on activities capable of affecting a matter
mentioned in sub-paragraph (i) or (ii) of paragraph (b), and
(d)30bodies representing persons within any of paragraphs (b) and (c) of
sub-paragraph (3) and paragraphs (a), (b) and (c) of this sub-
paragraph.
(5)Activities of the kind mentioned in sub-paragraph (4)(c) are to be treated for
the purposes of paragraph 9(1) and (2) as connected with the supply chain,
35but this is not to be read as limiting the generality of “connected” in
paragraph 9(1) and (2).
(6)In this paragraph—

“agriculture” includes any growing of plants, and any keeping of
creatures, for the production of food or drink;
40“plants” includes fungi;
“seeds” includes bulbs and other things from which plants grow.

Requirement must specify purposes for which information may be processed
11(1)This paragraph applies to a requirement imposed under paragraph 9(1) or
(2).
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(2)The requirement must specify the purposes for which the information may
be processed.
(3)Each purpose specified must be in, or covered by, the list of purposes in sub-
paragraph (4).
(4)5The list of purposes is as follows—
(a)helping persons in agri-food supply chains to—
(i)increase productivity,
(ii)manage risks (including, but not limited to, financial risks,
non-financial trading risks, climatic risks, and risks of or from
10disease or pollution), or
(iii)manage market volatility;
(b)promoting transparency or fairness in agri-food supply chains;
(c)promoting the health, welfare or traceability of creatures of a kind
kept for the production of food, drink, fibres or leathers;
(d)15promoting the health or quality of plants, fungi or soil;
(e)minimising adverse environmental effects of activities connected
with agri-food supply chains;
(f)minimising waste arising from activities connected with agri-food
supply chains;
(g)20monitoring, or analysing, markets connected with agri-food supply
chains.
(5)For the meaning of “agri-food supply chain” (and “person in” such a chain)
see paragraph 10.
Requirements under paragraph 9(1): duty to publish draft requirement
12(1)25Before a particular requirement is imposed under paragraph 9(1), DAERA
must have—
(a)published—
(i)a draft of the requirement,
(ii)a description of the persons on whom it is proposed that the
30requirement may be imposed, and
(iii)the deadline for making comments on the draft, which must
not be earlier than 4 weeks after the date of publication, and
(b)decided, in the light of comments received before the deadline (and
any other relevant matters), whether the requirement should be
35imposed in the terms of the draft or in revised terms.
(2)A requirement in the decided form may be imposed on a person at any times
after the decision when the person is within the published description.
Provision of required information and limitations on its processing
13(1)This paragraph applies to a requirement imposed under paragraph 9(1) or
40(2).
(2)Information provided in response to the requirement may be processed for,
but only for, purposes specified in the requirement (see paragraph 11).
(3)Sub-paragraph (2) applies—
(a)to the person to whom the information is provided, and
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(b)to a person to whom the information is disclosed,
but, in the case of a person within paragraph (b), sub-paragraph (2) does not
authorise processing contrary to the terms on which disclosure is made.
(4)Sub-paragraphs (2) and (3) are subject to sub-paragraphs (7) to (9).
(5)5The requirement may specify how and when the required information is to
be provided, including (in particular)—
(a)the person to whom the information is to be provided (who may be
a person other than DAERA);
(b)the form in which the information is to be provided;
(c)10the means by which it is to be provided;
(d)the time or times at which, or by when, it is to be provided.
(6)The requirement must specify—
(a)the types of processing to which the information may be subjected,
and
(b)15if the types of processing specified include disclosure of any kind, the
forms in which the information may be disclosed.
(7)Information provided in response to the requirement—
(a)may not be subjected to types of processing other than those
specified in the requirement, and
(b)20may not be disclosed in any form other than those specified in the
requirement,
except in circumstances specified in the requirement.
(8)Sub-paragraph (9) applies if—
(a)information is provided in response to the requirement, and
(b)25a person (“P”) proposes to make a disclosure of the information that
is permitted by sub-paragraph (7).
(9)Where P proposes that the disclosure should be of the information otherwise
than in anonymised form—
(a)P must consider whether the disclosure (if made in the form
30proposed) would, or might, prejudice the commercial interests of
any person, and
(b)if P considers that it would or might do so, the disclosure (if made)
must be of the information in anonymised form unless DAERA
considers that it is in the public interest for the disclosure to be of the
35information in some other form permitted by sub-paragraph (7) (in
which event the disclosure may be of the information in that other
form).
(10)In this Part “processing”, in relation to information, means an operation or
set of operations which is performed on information, or on sets of
40information, such as—
(a)collection, recording, organisation, structuring or storage,
(b)adaptation or alteration,
(c)retrieval, consultation or use,
(d)disclosure by transmission, dissemination or otherwise making
45available,
(e)alignment or combination, or
(f)restriction, erasure or destruction.
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Enforcement of information requirements
14(1)DAERA may by regulations make provision for enforcement of a
requirement imposed under paragraph 9(1) or (2).
(2)In the following provisions of this paragraph “specified” means specified in
5regulations under sub-paragraph (1).
(3)In sub-paragraph (1) “enforcement” includes (in particular)—
(a)monitoring compliance,
(b)investigating non-compliance, and
(c)dealing with non-compliance.
(4)10The provision that may be made by regulations under sub-paragraph (1)
includes (in particular)—
(a)provision for the imposition of monetary penalties for non-
compliance with requirements, whether penalties—
(i)of a specified amount,
(ii)15of an amount calculated in a specified manner,
(iii)of an amount, not exceeding a specified maximum or a
maximum calculated in a specified manner, decided by a
specified person or a person of a specified description, or
(iv)by way of suspending, or withholding, payment of any
20amounts;
(b)provision for recovery of amounts due in respect of monetary
penalties, including provision for any of interest, set-off and security
for payment;
(c)provision about the giving of advice or warnings;
(d)25provision for the acceptance of undertakings to take, or refrain from
taking, particular actions;
(e)provision giving persons functions in connection with enforcement
of requirements;
(f)provision about review of, or appeals against, things done (including
30decisions made) in connection with enforcement of requirements.
(5)In sub-paragraph (4)(a) “specified manner” includes (in particular) a manner
framed by reference to a specified matter such as a person’s profits, income
or turnover.
(6)Regulations under sub-paragraph (1) are subject to affirmative resolution
35procedure.

Part 4Marketing standards and carcass classification
Marketing standards
15(1)DAERA may by regulations, in relation to agricultural products that—
(a)40are listed in paragraph 16(1), and
(b)are marketed in Northern Ireland,
make provision about the standards with which those products must
conform (“marketing standards”).
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(2)The regulations may cover matters such as—
(a)technical definitions, designation and sales descriptions;
(b)classification criteria such as grading into classes, weight, sizing, age
and category;
(c)5the species, plant variety or animal breed or the commercial type;
(d)the presentation, labelling, packaging, rules to be applied in relation
to packaging centres, marking, years of harvesting and use of
specific terms;
(e)criteria such as appearance, consistency, conformation, product
10characteristics and the percentage of water content;
(f)specific substances used in production, or components or
constituents, including their quantitative content, purity and
identification;
(g)the type of farming and production method, including oenological
15practices;
(h)coupage of must and wine (including definitions of those terms),
blending and restrictions thereof;
(i)the frequency of collection, delivery, preservation and handling, the
conservation method and temperature, storage and transport;
(j)20the place of farming or origin, excluding live poultry and
poultrymeat;
(k)restrictions as regards the use of certain substances and practices;
(l)specific use of products;
(m)the conditions governing the disposal, the holding, circulation and
25use of products not in conformity with the marketing standards, and
the disposal of by-products;

the use of terms communicating value-added characteristics or
attributes.
(3)Regulations under sub-paragraph (1) may include provision about
30enforcement, which may (among other things) include provision—
(a)about the provision of information;
(b)conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
(d)about the keeping of records;
(e)35imposing monetary penalties;
(f)creating summary offences punishable with a fine not exceeding the
amount specified in the regulations, which must not exceed level 5
on the standard scale;
(g)about appeals;
(h)40conferring functions (including functions involving the exercise of a
discretion) on a person.
(4)Regulations under this paragraph may not authorise entry to a private
dwelling without a warrant issued by a lay magistrate.
(5)Regulations under this paragraph are subject to affirmative resolution
45procedure.

Chris F · Jan 16, 2020

Pages 80-89

Agriculture BillPage 81
Agricultural products
16(1)The agricultural products mentioned in paragraph 15(1) are products falling
within any of the following—
(a)the table in Part XV of Annex 1 of the CMO Regulation, but excluding
5any entry in the table for live animals (beef and veal);
(b)the table in Part XX of Annex 1 of the CMO Regulation, including any
entry in the table for live poultry (poultry and poultrymeat);
(c)the table in Part XIX of Annex 1 of the CMO Regulation, including
any entry in the table for eggs (eggs and egg products);
(d)10the table in any of Parts IX to XI of Annex 1 of the CMO Regulation
(fruit and vegetables other than olives);
(e)the table in Part VII of Annex 1 of the CMO Regulation (olive oil and
table olives);
(f)the table in Part VI of Annex 1 of the CMO Regulation (hops);
(g)15the table in Part XII of Annex 1 of the CMO Regulation (wine);
(h)the definition of “aromatised wine products” in Article 3 of the
Aromatised Wine Regulation (aromatised wine).
(2)In sub-paragraph (1)—
(a)references to the CMO Regulation are to that Regulation as amended
20from time to time before IP completion day, and
(b)“the Aromatised Wine Regulation” means Regulation (EU) No 251/
2014 of the European Parliament and of the Council of 26 February
2014 on the definition, description, presentation, labelling and the
protection of geographical indications of aromatised wine products
25as amended from time to time before IP completion day.
(3)DAERA may by regulations amend this paragraph and paragraph 15 for or
in connection with the purpose of—
(a)adding or removing an agricultural product from sub-paragraph (1);
(b)altering the description of an agricultural product in sub-paragraph
30(1).
(4)Regulations under this paragraph are subject to affirmative resolution
procedure.
Carcass classification
17(1)DAERA may by regulations make provision about the classification,
35identification and presentation of bovine, pig and sheep carcasses by
slaughterhouses in Northern Ireland.
(2)Regulations under sub-paragraph (1) may include provision about
enforcement, which may (among other things) include provision—
(a)about the provision of information;
(b)40conferring powers of entry;
(c)conferring powers of inspection, search and seizure;
(d)about the keeping of records;
(e)imposing monetary penalties;
(f)creating summary offences punishable with a fine not exceeding the
45amount specified in the regulations, which must not exceed level 5
on the standard scale;
Agriculture BillPage 82
(g)about appeals;
(h)conferring functions (including functions involving the exercise of a
discretion) on a person.
(3)Regulations under this paragraph may not authorise entry to a private
5dwelling without a warrant issued by a lay magistrate.
(4)Regulations under this paragraph are subject to affirmative resolution
procedure.

Part 5Data protection
18(1)10This paragraph applies to a duty or power to disclose or use information
where the duty or power is imposed or conferred by or under any provision
of this Schedule.
(2)A duty or power to which this paragraph applies does not operate to require
or authorise the disclosure or use of information which would contravene
15the data protection legislation (but the duty or power is to be taken into
account in determining whether the disclosure or use would contravene that
legislation).
(3)In this paragraph “data protection legislation” has the same meaning as in
the Data Protection Act 2018 (see section 3 of that Act).

Section 49
20SCHEDULE 7The CMO Regulation: consequential amendments

Part 1Exceptional market conditions: England
1In consequence of the provision made by sections 18 and 19, in Part V of the
25CMO Regulation (general provisions), at the beginning of each of Articles
219, 220, 221 and 222 insert—
“A1This Article does not apply in relation to agricultural producers in
England.”

Part 230Exceptional market conditions: Wales
2In consequence of the provision made by paragraphs 6 and 7 of Schedule 5,
in Part V of the CMO Regulation (general provisions), at the beginning of
each of Articles 219, 220, 221 and 222 (but after the amendment made by
paragraph 1) insert—
“A235Until the end of 2024 this Article does not apply in relation to
agricultural producers in Wales.”
Agriculture BillPage 83

Part 3Marketing standards and carcass classification: England
3In consequence of the provision made in Part 5, the CMO Regulation is
amended as follows.
45In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6 at the end insert—
““This paragraph does not apply to the classification, identification
and presentation of carcasses by slaughterhouses in England (see
section 38(1) of the Agriculture Act 2020).”
510In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (t)
insert—
““Points (p) to (t) do not apply in relation to slaughterhouses in
England (see section 38(1) of the Agriculture Act 2020).”
615In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning insert—
““This Article does not apply to the classification of carcasses by
slaughterhouses in England (see section 38(1) of the Agriculture
Act 2020).”
720In Article 73 (marketing standards: scope), at the end insert—
““References in this Section to marketing standards as they apply in
relation to products marketed in England, include standards set in
regulations under section 35(1) of the Agriculture Act 2020.”
8In Article 75 (marketing standards: establishment and content), at the
25beginning insert—
“A1This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”
9In Article 78 (definitions, designations and sales descriptions for certain
sectors and products), at the end insert—
“630Paragraphs 3 to 5 do not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”
10In Article 80 (oenological practices and methods of analysis), at the end
insert—
“6Paragraphs 3 to 5 do not apply in relation to products marketed in
35England (see section 35(1) of the Agriculture Act 2020).”
11In Article 86 (reservation, amendment and cancellation of optional reserved
terms), at the beginning insert—
““This Article and Articles 87 and 88 do not apply in relation to
products marketed in England (see section 35(1) of the Agriculture
40Act 2020).”
12In Article 91 (implementing powers in accordance with the examination
Agriculture BillPage 84
procedure), at the beginning insert—
““This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”
13In Article 119 (labelling and presentation in the wine sector: compulsory
5particulars), in paragraph 3, at the end insert—
““Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in England (see section 35(1) of the Agriculture
Act 2020).”
14In Article 122 (labelling and presentation in the wine sector: delegated
10powers), at the beginning insert—
“A1This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”
15In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning insert—
15““This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”
16Regulations made by the European Commission under—
(a)Article 19(6) of the CMO Regulation,
(b)any of points (p) to (t) of Article 20 of the CMO Regulation, or
(c)20Article 21 of the CMO Regulation,
continue to apply to slaughterhouses in England, notwithstanding the
amendments made by paragraphs 4 to 6.
17Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
25marketed in England, notwithstanding the amendments made by
paragraphs 7 to 15.

Part 4Marketing standards and carcass classification: Wales
18In consequence of the provision made in Part 4 of Schedule 5, the CMO
30Regulation is amended as follows.
19In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6, at the end (and after the amendment made by
paragraph 4) insert—
““This paragraph does not apply to the classification, identification
35and presentation of carcasses by slaughterhouses in Wales (see
paragraph 17(1) of Schedule 5 to the Agriculture Act 2020).”
20In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (t) (and
after the amendment made by paragraph 5) insert—
40““Points (p) to (t) do not apply in relation to slaughterhouses in
Wales (see paragraph 17(1) of Schedule 5 to the Agriculture Act
2020).”
Agriculture BillPage 85
21In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning (but after the amendment made by
paragraph 6) insert—
““This Article does not apply to the classification of carcasses by
5slaughterhouses in Wales (see paragraph 17(1) of Schedule 5 to the
Agriculture Act 2020).”
22In Article 73 (marketing standards: scope), at the end (and after the
amendment made by paragraph 7) insert—
““References in this Section to marketing standards as they apply in
10relation to products marketed in Wales, include standards set in
regulations under paragraph 15(1) of Schedule 5 to the
Agriculture Act 2020.”
23In Article 75 (marketing standards: establishment and content), at the
beginning (but after the amendment made by paragraph 8) insert—
“A215This Article does not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”
24In Article 78 (definitions, designations and sales descriptions for certain
sectors and products), at the end (and after the amendment made by
20paragraph 9) insert—
“7Paragraphs 3 to 5 do not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”
25In Article 80 (oenological practices and methods of analysis), at the end (and
25after the amendment made by paragraph 10) insert—
“7Paragraphs 3 to 5 do not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”
26In Article 86 (reservation, amendment and cancellation of optional reserved
30terms), at the beginning (but after the amendment made by paragraph 11)
insert—
““This Article and Articles 87 and 88 do not apply in relation to
products marketed in Wales (see paragraph 15(1) of Schedule 5 to
the Agriculture Act 2020).”
2735In Article 91 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendment made by paragraph
12) insert—
““This Article does not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
402020).”
28In Article 119 (labelling and presentation in the wine sector: compulsory
particulars), in paragraph 3, at the end (and after the amendment made by
Agriculture BillPage 86
paragraph 13) insert—
““Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in Wales (see paragraph 15(1) of Schedule 5 to
the Agriculture Act 2020).”
295In Article 122 (labelling and presentation in the wine sector: delegated
powers), at the beginning (but after the amendment made by paragraph 14)
insert—
“A2This Article does not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
102020).”
30In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendment made by paragraph
15) insert—
““This Article does not apply in relation to products marketed in
15Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”
31Regulations made by the European Commission under—
(a)Article 19(6) of the CMO Regulation,
(b)any of points (p) to (t) of Article 20 of the CMO Regulation, or
(c)20Article 21 of the CMO Regulation,
continue to apply to slaughterhouses in Wales, notwithstanding the
amendments made by paragraphs 19 to 21.
32Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
25marketed in Wales, notwithstanding the amendments made by paragraphs
22 to 30.

Part 5Marketing standards and carcass classification: Northern Ireland
33In consequence of the provision made in Part 4 of Schedule 6, the CMO
30Regulation is amended as follows.
34In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6 at the end (and after the amendments made by
paragraphs 4 and 19) insert—
““This paragraph does not apply to the classification, identification
35and presentation of carcasses by slaughterhouses in Northern
Ireland (see paragraph 17(1) of Schedule 6 to the Agriculture Act
2020).”
35In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (t) (and
40after the amendments made by paragraphs 5 and 20) insert—
““Points (p) to (t) do not apply in relation to slaughterhouses in
Northern Ireland (see paragraph 17(1) of Schedule 6 to the
Agriculture Act 2020).”
Agriculture BillPage 87
36In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning (but after the amendments made by
paragraphs 6 and 21) insert—
““This Article does not apply to the classification of carcasses by
5slaughterhouses in Northern Ireland (see paragraph 17(1) of
Schedule 6 to the Agriculture Act 2020).”
37In Article 73 (marketing standards: scope), at the end (and after the
amendments made by paragraphs 7 and 22) insert—
““References in this Section to marketing standards as they apply in
10relation to products marketed in Northern Ireland, include
marketing standards set in regulations under—
(a)paragraph 15(1) of Schedule 6 to the Agriculture Act 2020,
or
(b)article 15(1) of the Food Safety (Northern Ireland) Order
151991 (S.I. 1991/762 (N.I. 7)S.I. 1991/762 (N.I. 7)).”
38In Article 75 (marketing standards: establishment and content), at the
beginning (but after the amendments made by paragraphs 8 and 23) insert—
“A3This Article does not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
20Agriculture Act 2020) and article 15(1) of the Food Safety
(Northern Ireland) Order 1991.”
39In Article 78 (definitions, designations and sales descriptions for certain
sectors and products), at the end (and after the amendments made by
paragraphs 9 and 24) insert—
“825Paragraphs 3 to 5 do not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020 and article 15(1) of the Food Safety (Northern
Ireland) Order 1991).”
40In Article 80 (oenological practices and methods of analysis), at the end (and
30after the amendments made by paragraphs 10 and 25) insert—
“8Paragraphs 3 to 5 do not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020).”
41In Article 86 (reservation, amendment and cancellation of optional reserved
35terms), at the beginning (but after the amendments made by paragraphs 11
and 26) insert—
““This Article and Articles 87 and 88 do not apply in relation to
products marketed in Northern Ireland (see paragraph 15(1) of
Schedule 6 to the Agriculture Act 2020 and article 15(1) of the Food
40Safety (Northern Ireland) Order 1991).”
42In Article 91 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendments made by
paragraphs 12 and 27) insert—
““This Article does not apply in relation to products marketed in
45Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture BillPage 88
Agriculture Act 2020 and article 15(1) of the Food Safety (Northern
Ireland) Order 1991).”
43In Article 119 (labelling and presentation in the wine sector: compulsory
particulars), in paragraph 3, at the end (and after the amendments made by
5paragraphs 13 and 28) insert—
““Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in Northern Ireland (see paragraph 15(1) of
Schedule 6 to the Agriculture Act 2020).”
44In Article 122 (labelling and presentation in the wine sector: delegated
10powers), at the beginning (but after the amendments made by paragraphs 14
and 29) insert—
“A3This Article does not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020).”
4515In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendments made by
paragraphs 15 and 30) insert—
““This Article does not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
20Agriculture Act 2020).”
46Regulations made by the European Commission under—
(a)Article 19(6) of the CMO Regulation,
(b)any of points (p) to (t) of Article 20 of the CMO Regulation, or
(c)Article 21 of the CMO Regulation,
25continue to apply to slaughterhouses in Northern Ireland, notwithstanding
the amendments made by paragraphs 34 to 36.
47Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
marketed in Northern Ireland notwithstanding the amendments made by
30paragraphs 37 to 45.

Cowcalf · Jan 16, 2020

look forward to the simple easy read version.

Chris F · Jan 16, 2020

Cowcalf said:
look forward to the simple easy read version.

Its a government document - you will be waiting a long time!

Goweresque · Jan 16, 2020

Its largely pointless going through it all, vast swathes of it will just be enabling the Secretary of State for Agriculture (or the relevant person/government body) to make decisions on X,Y and Z. So the nitty gritty won't be available until they decide what they want to do and how to implement the broad brush decisions contained in the Bill. For example it gives the SoS the power to delink BPS payments from land, but that doesn't mean they have to do that, just that they can if they want to.

More sitting on our hands I'm afraid, until those with the real power (the civil servants) decide how things will be implemented.

Shughie McFee · Jan 16, 2020

faaaaarking hell. take 25 years to read all that.
where's me sub ? how big is it ? will i be able to afford new fendt ?

farmerm · Jan 16, 2020

Goweresque said:
Its largely pointless going through it all, vast swathes of it will just be enabling the Secretary of State for Agriculture (or the relevant person/government body) to make decisions on X,Y and Z. So the nitty gritty won't be available until they decide what they want to do and how to implement the broad brush decisions contained in the Bill. For example it gives the SoS the power to delink BPS payments from land, but that doesn't mean they have to do that, just that they can if they want to.

More sitting on our hands I'm afraid, until those with the real power (the civil servants) decide how things will be implemented.

Yes, I started trawling though it only to realise that really there isn't actually much we can learn from it. As you say it just gives powers to the Secretary of State in order for the unelected civil servants to implement policy and regulations as they see fit.

It does confirm the removal of BPS over the next 7 years but that really gives us no indications of how much we can expect in Dec 2021. Perhaps there will be a painful but predicable flat line reduction of 17% of our 2019 payment each year from 2021 with the last payment being 2026.. But assuming that money is shifted to the pot available for ELMs how would it be re-allocated, there wont be enough farms finishing Stewardship and moving on to ELMs each year to soak it up, particularly in the later years

I can only think that the year ELMs is introduced it will need to be funded by a corresponding crash in the BPS payment value... I suppose the other way they could do it is for ELMS agreement to include a phased increase in area available to claim each option each year... you start with 30ac overwinter stubble this year, but must have 40acre next year and 45 the year after... :scratchhead:

The prevision for a lump sum payment is also in the bill....

farmerm · Jan 16, 2020

Shughie McFee said:
faaaaarking hell. take 25 years to read all that.
where's me sub ? how big is it ? will i be able to afford new fendt ?

I will summarise it….

blah blah blah
less money last BPS probably Dec 2026 but 2021 could potentially be a small fraction of your 2019 value, funds to start up ELMS will need to come from somewhere...
more rules
more regulations
blah blah blah

Probably the only new Fendt any of us are likely to see in the livestock or cereals sector....

Chris F · Jan 16, 2020

farmerm said:
Yes, I started trawling though it only to realise that really there isn't actually much we can learn from it. As you say it just gives powers to the Secretary of State in order for the unelected civil servants to implement policy and regulations as they see fit.

It does confirm the removal of BPS over the next 7 years but that really gives us no indications of how much we can expect in Dec 2021. Perhaps there will be a painful but predicable flat line reduction of 17% of our 2019 payment each year from 2021 with the last payment being 2026.. But assuming that money is shifted to the pot available for ELMs how would it be re-allocated, there wont be enough farms finishing Stewardship and moving on to ELMs each year to soak it up, particularly in the later years I can only think that the year ELMs is introduced it will need to be funded by a corresponding crash in the BPS payment value... I suppose the other way they could do it is for ELMS agreement to include a phased increase in area available to claim each option each year... you start with 30ac overwinter stubble this year, but must have 40acre next year and 45 the year after...

The prevision for a lump sum payment is also in the bill....

It was confirmed at OFC that you will be able to leave stewardships and move to ELMs without penalty.

There are over 900 ELMs schemes being considered. My big question is whether the pot of money available for ELMs will be bigger than the total BPS payment. Since its all for public good, why would there be a cap if you can encourage more farmers to do things (and make them easy to do and measure ie less relugation and stupid tick box jobs).

holwellcourtfarm · Jan 16, 2020

I'm not sure that Section 22 (2)(c) covers George Monbiot's "food" created from bacteria or yeasts in a factory.........

Farma Parma · Jan 16, 2020

I know one thing out of this change in our farming practices there will be loosers n winners more of the first mind
Less Cereals grown, That hits the input men in all sectors.
Might be less risk for us to the weather is that such a bad thing?
Land Lords & Agents are gonna be best buddies yet again at our expense

Frank-the-Wool · Jan 16, 2020

Some of the present Stewardship schemes are being rolled over. Some just for a year but my neighbour has been offered another 5 years, but probably at the same rate!

Agriculture Bill (HC Bill 7)

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