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Agriculture Act 2020 (c. 21)

Agriculture Act 2020 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] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lor

Legislation

Table of Content

1. Secretary of State's powers to give financial assistance E+W

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

3. Financial assistance: checking, enforcing and monitoring E+W

4. Multi-annual financial assistance plans E+W

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

6. Monitoring impact of financial assistance etc E+W

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

8. The agricultural transition period for England and the termination of relevant payments E+W

9. Power to modify legislation governing the basic payment scheme E+W

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

11. Power to provide for phasing out direct payments E+W

12. Power to make delinked payments E+W

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

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

15. Aid for fruit and vegetable producer organisations E+W

16. Support for rural development E+W

17. Continuing EU programmes: power to provide financial assistance U.K.

18. [ F5 Assimilated direct ] legislation U.K.

19. Duty to report to Parliament on UK food security U.K.

20. Declaration relating to exceptional market conditions E+W

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

22. Modification of certain [ F7 assimilated direct ] legislation in connection with exceptional market conditions and for general purposes E+W

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

24. Meaning of “agri-food supply chain” E+W

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

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

27. Provision of required information and limitations on its processing E+W

28. Enforcement of information requirements E+W

29. Fair dealing obligations of business purchasers of agricultural products U.K.

30. Producer and interbranch organisations etc: application for recognition U.K.

31. Recognised organisations: competition exemptions and further provision U.K.

32. Regulations under sections 30 and 31 U.K.

33. Fertilisers U.K.

34. Identification and traceability of animals

35. Red meat levy: payments between levy bodies in Great Britain E+W+S

36. Agricultural tenancies E+W

37. Marketing standards E+W

38. Organic products U.K.

39. Organic products: supplementary U.K.

40. Carcass classification E+W

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

42. Reports relating to free trade agreements U.K.

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

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

45. Regulations under section 43: classification of domestic support U.K.

46. Wales E+W

47. Duration of provision in relation to Wales U.K.

48. Northern Ireland N.I.

49. Data protection U.K.

50. Regulations U.K.

51. Interpretation U.K.

52. Consequential amendments U.K.

53. Power to make consequential etc provision U.K.

54. Power to make transitional etc provision U.K.

55. Financial provision U.K.

56. Extent U.K.

57. Commencement U.K.

58. Carcass classification N.I.

1. Secretary of State's powers to give financial assistance E+W

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

3. Financial assistance: checking, enforcing and monitoring E+W

4. Multi-annual financial assistance plans E+W

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

6. Monitoring impact of financial assistance etc E+W

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

8. The agricultural transition period for England and the termination of relevant payments E+W

9. Power to modify legislation governing the basic payment scheme E+W

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

11. Power to provide for phasing out direct payments E+W

12. Power to make delinked payments E+W

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

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

15. Aid for fruit and vegetable producer organisations E+W

16. Support for rural development E+W

17. Continuing EU programmes: power to provide financial assistance U.K.

18. [ F5 Assimilated direct ] legislation U.K.

19. Duty to report to Parliament on UK food security U.K.

20. Declaration relating to exceptional market conditions E+W

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

22. Modification of certain [ F7 assimilated direct ] legislation in connection with exceptional market conditions and for general purposes E+W

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

24. Meaning of “agri-food supply chain” E+W

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

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

27. Provision of required information and limitations on its processing E+W

28. Enforcement of information requirements E+W

29. Fair dealing obligations of business purchasers of agricultural products U.K.

30. Producer and interbranch organisations etc: application for recognition U.K.

31. Recognised organisations: competition exemptions and further provision U.K.

32. Regulations under sections 30 and 31 U.K.

33. Fertilisers U.K.

34. Identification and traceability of animals

35. Red meat levy: payments between levy bodies in Great Britain E+W+S

36. Agricultural tenancies E+W

37. Marketing standards E+W

38. Organic products U.K.

39. Organic products: supplementary U.K.

40. Carcass classification E+W

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

42. Reports relating to free trade agreements U.K.

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

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

45. Regulations under section 43: classification of domestic support U.K.

46. Wales E+W

47. Duration of provision in relation to Wales U.K.

48. Northern Ireland N.I.

49. Data protection U.K.

50. Regulations U.K.

51. Interpretation U.K.

52. Consequential amendments U.K.

53. Power to make consequential etc provision U.K.

54. Power to make transitional etc provision U.K.

55. Financial provision U.K.

56. Extent U.K.

57. Commencement U.K.

58. Carcass classification N.I.

Section 1

1. Secretary of State's powers to give financial assistance E+W

(1) The 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) managing 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 environmental 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) conserving 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 either 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) Financial 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— “ ancillary activities ” means selling, marketing, preparing, packaging, processing or distributing products deriving from an agricultural, horticultural or forestry activity; “ better understanding of the environment ” includes better understanding of agroecology; “ conserving ” includes restoring or enhancing— (a) a population of a relevant species; (b) in 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 activity, 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 land; “ 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; “ financial assistance scheme ” means a scheme for giving financial assistance made by the Secretary of State. Commencement Information I1 S. 1 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)

Section 2

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

(1) Financial assistance may be given by way of grant, loan or guarantee or in any other 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 interest). (4) Financial assistance may be given to the maker or operator of a third party scheme in connection with expenditure involved in establishing or operating the scheme (including the provision of financial support). (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 made by 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) the 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) the recipient of the financial assistance; (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) In this section “ specified ” means specified by regulations under subsection (8). Commencement Information I2 S. 2 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)