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Agriculture and Rural Communities (Scotland) Act 2024

Type Act of the Scottish Parliament

Publication 2024-07-30

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Objectives and planning

Overarching objectives of agricultural policy

1

(1) For the purposes of this Act, the objectives of Scottish agricultural policy are—

(a) the adoption and use of sustainable and regenerative agricultural practices,

(b) the production of high-quality food,

(d) the facilitation of on-farm nature restoration, climate mitigation and adaptation, and

(e) enabling rural communities to thrive.

(2) The Scottish Ministers may, by regulations, amend the objectives of agricultural policy under subsection (1).

(3) Regulations under this section are subject to the affirmative procedure.

Rural support plan

2

(1) The Scottish Ministers must—

(a) prepare a plan (a “rural support plan”) giving information about the expected use during the plan period of the powers conferred on them by section 6, and

(b) exercise their functions under this Act having regard to that plan.

(2) A rural support plan must set out—

(a) the plan period,

(b) the Scottish Ministers’ strategic priorities for providing support during the plan period,

(i) an indication of the total amount of support that is expected to be provided over the period,

(ii) a description of the way in which support is to be structured (for example, by reference to support schemes that are to be paid in a certain way or for certain purposes or activities),

(iii) an indication of how the total amount of support is to be divided between support schemes,

(iv) an indication of the time periods for when particular support schemes may become operational or end,

(v) any measures that are intended to benefit small producers, tenant farmers and crofters, and

(vi) any specific outcomes that the Scottish Ministers are seeking to achieve (whether in respect of different support schemes or otherwise),

(d) in such manner and giving such detail as the Scottish Ministers consider appropriate, a description of each support scheme that—

(i) is in operation, or

(ii) the Scottish Ministers expect to come into operation during the plan period, and

(e) the manner in which the impact of each support scheme will be monitored for the purposes of section 21.

(3) A rural support plan may—

(a) describe how the Scottish Ministers consider the support provided under the plan will—

(i) reduce greenhouse gas emissions (within the meaning of section 10 of the Climate Change (Scotland) Act 2009) from agriculture,

(ii) reduce harm from pesticides,

(iii) reduce nitrogen loss and waste,

(iv) optimise the proportion of land which is farmed organically,

(v) optimise the proportion of land which is used for agroforestry,

(vi) improve the biodiversity of agricultural land, including the contribution of agriculture to landscape-scale nature recovery,

(vii) protect and improve the welfare conditions of farmed animals,

(viii) improve the quality of ground and surface water, and

(b) include such further information as the Scottish Ministers consider appropriate.

(4) A plan prepared under this section must be laid before the Scottish Parliament, and published, by the Scottish Ministers—

(a) in the case of the first plan, as soon as practicable after this section comes into force, and

(b) in the case of a subsequent plan, at least 6 months before the end of the plan period of the preceding plan.

(5) The Scottish Ministers may amend the rural support plan within the plan period if—

(a) their strategic priorities for providing support change, or

(b) it appears to them that any information set out in the plan in accordance with subsection (2)(d) has ceased to be accurate and complete.

(6) Where the Scottish Ministers amend a plan, they must as soon as reasonably practicable—

(a) lay the amended plan before the Scottish Parliament, and

(b) publish it.

(7) For the purposes of this section, the “plan period” is the period to which the plan relates and—

(a) in the case of the first plan, is the period of 5 years beginning with the day on which it is published,

(b) in the case of each subsequent plan, is the period of five years beginning on the day after the preceding plan period ends.

(8) The plan period of a rural support plan is not affected by the Scottish Ministers amending the plan under subsection (5).

(9) A reference in this Act to the rural support plan is (unless the context otherwise requires) a reference to the plan which has most recently been published under this section.

(10) For the purposes of this section, “support scheme” means a scheme operated by the Scottish Ministers for the provision of support under or by virtue of this Act.

(11) The Scottish Ministers may by regulations modify subsection (3) to add, adjust or remove information that may be included in a rural support plan.

(12) Regulations under subsection (11) are subject to the affirmative procedure.

Rural support plan: matters to be considered

3

(1) The Scottish Ministers must have regard to the following matters when preparing or amending a rural support plan under section 2.

(2) The matters are—

(a) the objectives set out in section 1,

(b) the proposals and policies contained in the climate change plan which relate to agriculture, forestry and rural land use,

(c) any other statutory duty of the Scottish Ministers relating to agriculture, forestry, rural land use, biodiversity or the environment,

(d) developments in the law and policy of the European Union,

(e) the desirability of the agricultural sector operating with fair work principles,

(f) the objectives of a plan produced under section 1 of the Good Food Nation (Scotland) Act 2022,

(g) the need for sustainable food systems and supply chains in delivering food security,

(h) the benefits of a diverse and resilient agricultural sector including small producers, tenant farmers, crofters and agricultural co-operative societies.

(3) For the purpose of subsection (2), the “climate change plan” means the plan laid before the Scottish Parliament under section 35 of the Climate Change (Scotland) Act 2009.

(4) The Scottish Ministers may by regulations modify this section to add, adjust or remove a matter to which regard must be had.

(5) Regulations under subsection (4) are subject to the affirmative procedure.

Rural support plan: engagement

4

(1) Subsection (2) applies when the Scottish Ministers are preparing a rural support plan.

(2) The Scottish Ministers must consult—

(a) such persons as they consider representative of the interests of—

(i) farmers (including tenant farmers), crofters and land managers,

(ii) people who live and work in rural communities,

(b) Food Standards Scotland,

(d) Scottish Environment Protection Agency,

(e) Scottish Natural Heritage,

(f) the Scottish Food Commission, and

(g) such other persons as they consider appropriate.

(3) Subsection (4) applies when the Scottish Ministers amend the rural support plan.

(4) The Scottish Ministers must consult such persons as they consider likely to have an interest in or be affected by the amendments to the rural support plan.

(5) At the same time as laying the rural support plan or the amended plan before the Scottish Parliament, the Scottish Ministers must lay a statement describing the consultation undertaken in respect of the plan (or amendment).

Reports on rural support plan

5

(1) As soon as practicable after the end of each plan period under section 2, the Scottish Ministers must prepare a report.

(2) The report must include—

(a) the total amount of support or other relevant assistance provided during the plan period (including the monetary value of any support provided otherwise than as financial support),

(b) the amount of support provided—

(i) under each support scheme in operation during the period,

(ii) otherwise than under a support scheme,

(iii) to third party schemes,

(d) the distribution of support provided (including geographically and by sector),

(e) the Scottish Ministers’ assessment of—

(i) the effectiveness of the strategic priorities set out in the rural support plan,

(ii) whether any specific outcomes contained in the rural support plan have been achieved,

(iii) the progress made (if any) in respect of the objectives set out in section 1, and

(iv) the impact of any exercise of their powers under section 11, including by reference to the amount of support that would otherwise have been provided.

(3) The report may also contain such other information as the Scottish Ministers consider appropriate.

(4) The Scottish Ministers may also prepare—

(a) interim reports about the amount of support provided during any period within a plan period,

(b) other reports about the support that has been provided.

(5) The Scottish Ministers must, after preparing a report under this section—

(a) lay a copy of the report before the Scottish Parliament, and

(b) publish the report.

(6) In this section, “relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation for a purpose similar to a purpose described in schedule 1).

Part 2 — Support for agriculture, rural development and related matters

Power to provide support

6

(1) The Scottish Ministers may provide support for or in connection with the purposes described in schedule 1.

(2) The Scottish Ministers may by regulations modify schedule 1 by—

(a) adding a purpose,

(b) amending the description of a purpose (including by defining a word or expression),

(3) Regulations made under this section are subject to the negative procedure.

(4) In this Part, except where the context otherwise requires—

(a) a reference to support (other than a reference to the provision of support by a third party described in section 7) is to support provided under this section, and

(b) a reference to financial support is a reference to support under this section that is provided financially.

Funding third party support

7

(1) Without prejudice to the purposes described in schedule 1, support may be provided to—

(a) the maker or operator of a third party scheme in connection with the establishment or operation of that scheme (including in connection with the provision of support under that scheme),

(b) a person who otherwise provides support for or in connection with a purpose described in schedule 1.

(2) A “third party scheme” is a scheme for the provision of support (whether financially or otherwise) for or in connection with a purpose described in schedule 1, but which is not made by the Scottish Ministers.

General provision about support

Form of support and conditions

8

(1) Support may be provided—

(a) in such manner as the Scottish Ministers consider appropriate including, in particular, financial support by way of grant, loan or guarantee, and

(b) under or in accordance with a scheme established by regulations made under section 15 (1), a scheme established administratively, or otherwise.

(2) Except as otherwise provided in regulations made under section 15 (1), the Scottish Ministers may impose such conditions on the provision of support as they consider appropriate.

(3) The conditions that may be imposed may, in particular, include conditions requiring the repayment or otherwise making good of any financial support (with or without interest).

Guidance

9

(1) The Scottish Ministers may by regulations make provision in relation to guidance about support (including the guidance contained in the Code of Sustainable and Regenerative Agriculture (see section 29)).

(2) Provision under subsection (1) may, in particular, include provision—

(a) requiring that guidance on a particular scheme or purpose be laid before the Scottish Parliament and published,

(b) requiring regard to be had by particular persons to the guidance,

(c) specifying the extent to which compliance with guidance on a particular topic is relevant in determining whether a person has complied with a statutory duty or condition of support,

(d) specifying the admissibility or evidential value of the guidance in legal proceedings.

(3) Regulations under this section are subject to the negative procedure.

Delegation

10

(1) The Scottish Ministers may delegate functions relating to the providing of support to any other person.

(2) Functions delegated under subsection (1) may—

(a) include the giving of guidance, or

(b) permit the exercise of discretion in relation to a function.

(3) The delegation of functions under subsection (1) does not—

(a) affect the Scottish Ministers’ responsibility for the performance of the function, or

(b) prevent the Scottish Ministers from performing the function themselves.

Power to cap support and assistance

11

(1) The Scottish Ministers may by regulations—

(a) limit the overall amount of support or relevant assistance (or both) that a person may receive within a payment period (or periods),

(b) provide for the amount of support or relevant assistance (or both) that a person may receive in a payment period (or periods) to progressively reduce where the support exceeds a specified amount of support.

(2) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider appropriate.

(3) Regulations under this section are subject to the affirmative procedure.

(4) In this section—

“payment period” means any specified period relating to the payment of support,

“relevant assistance” means financial assistance provided by the Scottish Ministers under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation) for a purpose similar to a purpose described in schedule 1,

“specified” means specified in regulations under subsection (1).

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