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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Rural Development (Enforcement) (England) (Amendment) Regulations 2010 No. 2078 URL: http://www.bailii.org/uk/legis/num_reg/2010/uksi_20102078_en_1.html |
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Statutory Instruments
Agriculture, England
Made
15th August 2010
Laid before Parliament
19th August 2010
Coming into force
13th September 2010
The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union and measures relating to the promotion of rural development.
The Secretary of State makes the following Regulations under the powers conferred by that section.
1. These Regulations-
(a)may be cited as the Rural Development (Enforcement) (England) (Amendment) Regulations 2010;
(b)come into force on 13th September 2010;
(c)apply in relation to England only.
2.-(1) The Rural Development (Enforcement) (England) Regulations 2007(3) are amended as follows.
(2) In regulation 2(1) (interpretation)-
(a)in the definition of "authorised person" after "the Secretary of State," insert-
"the Environment Agency,";
(b)omit the definition of "Council Regulation 1782/2003";
(c)for the definition of "Cross-compliance (England) Regulations" substitute-
""the Cross-compliance (England) Regulations" means the Agriculture (Cross-compliance) (No. 2) Regulations 2009;"(4);
(d)at the appropriate place insert-
""direct support regulation" means-
Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(5); or
Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003;"(6).
(3) In regulation 5 (cross-compliance)-
(a)in paragraph (1) for "Regulations 4 and 6 of, and the Schedule to," substitute-
"Regulations 3 and 5 of, and the Schedules to,";
(b)in paragraph (2) for "regulation 7(3)" substitute-
"regulation 6(3)".
(4) In regulation 12(b) (set off), for "Council Regulation 1782/2003" substitute-
"a direct support regulation".
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
15th August 2010
(This note is not part of the Regulations)
These Regulations amend the Rural Development (Enforcement) (England) Regulations 2007 (the "enforcement regulations") which implement European law which requires Member States to ensure that the European Union"s financial interests in relation to expenditure on rural development are effectively protected.
Regulation 2(2)(d) refers to a repealed act (Council Regulation (EC) No 1782/2003). The reference is necessary so that under Regulation 12 of the enforcement regulations payments yet to be made by reference to the repealed act may be set off against sums recoverable under the enforcement regulations.
Regulation 2(2)(b) amends the definition of "authorised person" so that it includes persons authorised by the Environment Agency.
Otherwise the Regulations make amendments in view of recent changes to domestic and European legislation.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
S.I. 1972/1811 and 1995/751.
OJ No L 270, 21.10.03, p1, which was repealed by Council Regulation (EC) No 73/2009, OJ No L 30, 31.1.09, p16.
OJ No L 30, 31.1.09, p16, as last amended by Council Regulation (EC) No 360/2010, OJ No L 106, 28.4.10, p1.