Agriculture Act 2020

Agriculture Act 2020

English Law

2020 CHAPTER 21

An Act 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 reports relating to free trade agreements; 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.

[11th November 2020]

PART 1 Financial assistance

CHAPTER 1 New financial assistance powers

1.Secretary of State’s powers to give financial assistance

2.Financial assistance: forms, conditions, delegation and publication of information

3.Financial assistance: checking, enforcing and monitoring

4.Multi-annual financial assistance plans

5.Annual and other reports on amount of financial assistance given

6.Monitoring impact of financial assistance etc

CHAPTER 2 Direct payments after EU exit

7.Meaning of “basic payment scheme” and other expressions in Chapter 2

8.The agricultural transition period for EnglandEngland In England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”. and the termination of relevant payments

9.Power to modify legislation governing the basic payment scheme

10.Power to provide for the continuation of the basic payment scheme beyond 2020

11.Power to provide for phasing out direct payments

12.Power to make delinked payments

13.Power to provide for lump sum payments in lieu of relevant payments

CHAPTER 3 Other financial support after EU exit

14.General provision connected with payments to farmers and other beneficiaries

15.Aid for fruit and vegetable producer organisations

16.Support for rural development

17.Continuing EU programmes: power to provide financial assistance

18.Retained direct EU legislation

PART 2 Food and agricultural markets

CHAPTER 1 Food security

19.Duty to report to Parliament on UK food security

CHAPTER 2 Intervention in agricultural markets

20.Declaration relating to exceptional market conditions

21.Exceptional market conditions: powers available to Secretary of State

22.Modification of certain retained direct EU legislation in connection with exceptional market conditions and for general purposes

PART 3 Transparency and fairness in the agri-food supply chain

CHAPTER 1 Collection and sharing of data

23.Agri-food supply chains: requirement to provide information

24.Meaning of “agri-food supply chain”

25.Requirement must specify purposes for which information may be processed

26.Requirements under section 23(1): duty to publish draft requirement

27.Provision of required information and limitations on its processing

28.Enforcement of information requirements

CHAPTER 2 Fair dealing with agricultural producers and others in the supply chain

29.Fair dealing obligations of business purchasers of agricultural products

CHAPTER 3 Producer organisations

30.Producer and interbranch organisations etc: application for recognition

31.Recognised organisations: competition exemptions and further provision

32.Regulations under sections 30 and 31

PART 4 Matters relating to farming and the countryside

33.Fertilisers

34.Identification and traceability of animals

35.Red meat levy: payments between levy bodies in Great Britain

36.Agricultural tenancies

PART 5 Agricultural products

37.Marketing standards

38.Organic products

39.Organic products: supplementary

40.Carcass classification

41.Power to reproduce modifications under section 37 for wine sector

42.Reports relating to free trade agreements

PART 6 WTOWTO The World Trade Organization (164 Members) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The WTO operates the global system of trade rules and helps developing economies build their trade capacity. Observer governments> Algeria- Andorra- Azerbaijan- Bahamas- Belarus- Bhutan- Bosnia and Herzegovina- Comoros- Curaçao- Equatorial Guinea- Ethiopia- Holy See- Iran- Iraq- Lebanese Republic- Libya- Sao Tomé and Principe- Serbia- Somalia- South Sudan- Sudan- Syrian Arab Republic- Timor-Leste- Turkmenistan- Uzbekistan- AgreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. on Agriculture

43.Power to make regulations for securing compliance with WTO Agreement on Agriculture: general

44.Regulations under section 43: limits on provision of domestic support in the United Kingdom

45.Regulations under section 43: classification of domestic support

PART 7 Wales and Northern Ireland

46.Wales

47.Duration of provision in relation to Wales

48.Northern Ireland

PART 8 General and final provisions

49.Data protection

50.Regulations

51.Interpretation

52.Consequential amendments

53.Power to make consequential etc provision

54.Power to make transitional etc provision

55.Financial provision

56.Extent

57.Commencement

58.Short title

SCHEDULES

SCHEDULE 1 Agricultural sectors relevant to producer organisation provisions
Dairy Beef Sheep Goats Pig Poultry Eggs Cereals Fruit and…

SCHEDULE 2 Recognised organisations: competition exclusions
1.Schedule 3 to the Competition Act 1998 (general exclusions) is…

2.(1) Paragraph 9 (agricultural products) is amended as follows.

3.After paragraph 9, insert— (1) The Chapter 1 prohibition does not apply to an…

SCHEDULE 3 Agricultural tenancies

PART 1 Amendments to the Agricultural Holdings Act 1986

Introductory

1.The 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)…

3.(1) Schedule 2 (arbitration or third party determination of rent:…

Appointment of arbitrators etc

4.In section 12 (arbitration or third party determination of rent),…

5.(1) Section 22 (rights to require certain records to be…

6.(1) Section 84 (arbitrations) is amended as follows.

Requests for landlord’s consent or variation of terms

7.Before section 20 insert— Disputes relating to requests for landlord’s…

Arbitration or third party determination of rent: relevant factors

8.(1) In Schedule 2 (arbitration or third party determination of…

Notices to quit: cases where consent of tribunal not required

9.In Part 1 of Schedule 3 (cases where consent of…

Succession on death or retirement: condition relating to occupation of commercial unit

10.In section 35 (application of sections 36 to 48), in…

11.(1) Section 36 (right of any eligible person to apply…

12.In section 41 (application by not fully eligible person), in…

13.(1) Section 50 (right to apply for new tenancy on…

14.Omit section 58 (effect of direction under section 53 on…

15.(1) Section 59 (interpretation of Part 4) is amended as…

16.Omit Schedule 6 (eligibility to apply for new tenancy).

Succession on death or retirement: condition relating to suitability

17.In section 39 (applications for tenancy of holding), for subsection…

18.(1) Section 53 (application for tenancy of holding by nominated…

Succession on retirement: minimum age of retiring tenant

19.In section 51 (cases excluded from operation of section 50(1))…

20.In section 53 (application for tenancy of holding by nominated…

Regulations and orders

21.(1) Section 94 (orders and regulations) is amended as follows….

PART 2  Amendments to the Agricultural Tenancies Act 1995

Introductory

22.The Agricultural Tenancies Act 1995 is amended as follows.

Appointment of arbitrators

23.(1) Section 12 (appointment of arbitrator) is amended as follows….

24.(1) Section 19 (references to arbitration of certain disputes) is…

25.(1) Section 22 (settlement of claims for disputes) is amended…

26.(1) Section 28 (resolution of disputes) is amended as follows….

27.(1) Section 30 (general provisions applying to arbitrations) is amended…

28.In section 38 (interpretation), in subsection (1), for the definition…

29.In section 39 (index)— (a) after the entry relating to…

SCHEDULE 4 Agricultural products relevant to marketing standards provisions

Milk and milk products

Spreadable fats

Beef and veal

Poultry and poultrymeat

Eggs and egg products

Fruit and vegetables, other than olives

Olive oil and table olives

Hops

Wine

Aromatised wine

Interpretation

SCHEDULE 5 Provision relating to Wales

PART 1 Financial support after EU exit

Direct payments after EU exit: interpretation

1.(1) This paragraph defines or explains expressions used in this…

Power to modify legislation governing the basic payment scheme

2.(1) The Welsh Ministers may by regulations modify legislation governing…

Power to provide for the continuation of the basic payment scheme beyond 2020

3.(1) The Welsh Ministers may by regulations modify legislation governing…

Other 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 the following…

Apiculture

5.(1) The Welsh Ministers may by regulations modify any of…

Support for rural development: modification of legislation in relation to Wales

6.(1) The Welsh Ministers may by regulations modify any of…

PART 2 Intervention in agricultural markets

Declaration relating to exceptional market conditions

7.(1) The Welsh Ministers may make and publish a declaration…

Exceptional market conditions: powers available to Welsh Ministers

8.(1) This paragraph applies during the period for which a…

Power to modify retained direct EU legislation relating to public market intervention and private storage aid

9.(1) The Welsh Ministers may by regulations modify retained direct…

PART 3 Collection and sharing of data

Agri-food supply chains: requirement to provide information

10.(1) The Welsh Ministers may require a person in, or…

Meaning of “agri-food supply chain”

11.(1) This paragraph has effect for the purposes of this…

Requirement must specify purposes for which information may be processed

12.(1) This paragraph applies to a requirement imposed under paragraph…

Requirements under paragraph 10(1): duty to publish draft requirement

13.(1) Before a particular requirement is imposed under paragraph 10(1),…

Provision of required information and limitations on its processing

14.(1) This paragraph applies to a requirement imposed under paragraph…

Enforcement of information requirements

15.(1) The Welsh Ministers may by regulations make provision for…

PART 4 Marketing standards and carcass classification

Marketing standards

16.(1) The Welsh Ministers may by regulations, in relation to…

Agricultural products

17.(1) The agricultural products mentioned in paragraph 16(1) are products…

Carcass classification

18.(1) The Welsh Ministers may by regulations make provision about…

PART 5 Data protection

19.(1) This paragraph applies to a duty or power to…

SCHEDULE 6 Provision relating to Northern Ireland

PART 1 Financial support after EU exit

Direct payments after EU Exit: interpretation

1.(1) This paragraph defines or explains expressions used in this…

Power to modify legislation governing the basic payment scheme

2.(1) DAERA may by regulations modify legislation governing the basic…

Power to provide for the continuation of the basic payment scheme beyond 2020

3.(1) DAERA may by regulations modify legislation governing the basic…

Power to modify legislation governing the coupled support scheme

4.(1) DAERA may by regulations modify legislation governing the coupled…

General provision connected with payments to farmers and other beneficiaries: modification in relation to Northern Ireland

5.(1) DAERA may by regulations modify any of the following…

Apiculture

6.(1) DAERA may by regulations modify any of the following…

Support for rural development: modification of legislation in relation to Northern Ireland

7.(1) DAERA may by regulations modify any of the following…

PART 2 Intervention in agricultural markets

Exceptional market conditions: powers available to DAERA

8.(1) Where DAERA considers that— (a) there is a severe…

Power to modify retained direct EU legislation relating to public market intervention and private storage aid

9.(1) DAERA may by regulations modify retained direct EU legislation…

PART 3 Collection and sharing of data

Agri-food supply chains: requirement to provide information

10.(1) DAERA may require a person in, or closely connected…

Meaning of “agri-food supply chain”

11.(1) This paragraph has effect for the purposes of this…

Requirement must specify purposes for which information may be processed

12.(1) This paragraph applies to a requirement imposed under paragraph…

Requirements under paragraph 10(1): duty to publish draft requirement

13.(1) Before a particular requirement is imposed under paragraph 10(1),…

Provision of required information and limitations on its processing

14.(1) This paragraph applies to a requirement imposed under paragraph…

Enforcement of information requirements

15.(1) DAERA may by regulations make provision for enforcement of…

PART 4 Marketing standards and carcass classification

Marketing standards

16.(1) DAERA may by regulations, in relation to agricultural products…

Agricultural products

17.(1) The agricultural products mentioned in paragraph 16(1) are products…

Carcass classification

18.(1) DAERA may by regulations make provision about the classification,…

PART 5 Data protection

19.(1) This paragraph applies to a duty or power to…

SCHEDULE 7 The CMO Regulation: consequential amendments

PART 1 Exceptional market conditions: England

1.In consequence of the provision made by sections 20 and…

PART 2 Exceptional market conditions: Wales

2.In consequence of the provision made by paragraphs 7 and…

PART 3 Marketing standards and carcass classification: England

3.In consequence of the provision made in Part 5, the…

4.In Article 19 (public intervention and aid for private storage:…

5.In Article 20 (public intervention and aid for private storage:…

6.In Article 21 (public intervention and aid for private storage:…

7.In Article 73 (marketing standards: scope), at the end insert—…

8.In Article 75 (marketing standards: establishment and content), at the…

9.In Article 78 (definitions, designations and sales descriptions for certain…

10.In Article 80 (oenological practices and methods of analysis), at…

11.In Article 86 (reservation, amendment and cancellation of optional reserved…

12.In Article 91 (implementing powers in accordance with the examination…

13.In Article 119 (labelling and presentation in the wine sector:…

14.In Article 122 (labelling and presentation in the wine sector:…

15.In Article 123 (implementing powers in accordance with the examination…

16.Regulations made by the European Commission under—

17.Regulations made by the European Commission under Section 1 or…

PART 4 Marketing standards and carcass classification: Wales

18.In consequence of the provision made in Part 4 of…

19.In Article 19 (public intervention and aid for private storage:…

20.In Article 20 (public intervention and aid for private storage:…

21.In Article 21 (public intervention and aid for private storage:…

22.In Article 73 (marketing standards: scope), at the end (and…

23.In Article 75 (marketing standards: establishment and content), at the…

24.In Article 78 (definitions, designations and sales descriptions for certain…

25.In Article 80 (oenological practices and methods of analysis), at…

26.In Article 86 (reservation, amendment and cancellation of optional reserved…

27.In Article 91 (implementing powers in accordance with the examination…

28.In Article 119 (labelling and presentation in the wine sector:…

29.In Article 122 (labelling and presentation in the wine sector:…

30.In Article 123 (implementing powers in accordance with the examination…

31.Regulations made by the European Commission under—

32.Regulations made by the European Commission under Section 1 or…

PART 5 Marketing standards and carcass classification: Northern Ireland

33.In consequence of the provision made in Part 4 of…

34.In Article 19 (public intervention and aid for private storage:…

35.In Article 20 (public intervention and aid for private storage:…

36.In Article 21 (public intervention and aid for private storage:…

37.In Article 73 (marketing standards: scope), at the end (and…

38.In Article 75 (marketing standards: establishment and content), at the…

39.In Article 78 (definitions, designations and sales descriptions for certain…

40.In Article 80 (oenological practices and methods of analysis), at…

41.In Article 86 (reservation, amendment and cancellation of optional reserved…

42.In Article 91 (implementing powers in accordance with the examination…

43.In Article 119 (labelling and presentation in the wine sector:…

44.In Article 122 (labelling and presentation in the wine sector:…

45.In Article 123 (implementing powers in accordance with the examination…

46.Regulations made by the European Commission under—

47.Regulations made by the European Commission under Section 1 or…