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Agriculture Act 2020

Type Public General Act

Publication 2020-11-11

Last updated 2024-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) that the organisation has a specified minimum number of members, or its members who are agricultural producers have a specified minimum production, 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 involve 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) from 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 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) The 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 online.

(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;

(d) application fees;

(e) reviews and appeals.

(13) In this section—

“agricultural producer” means a producer operating in one or more agricultural 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;

“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 definitions, making provision as to what falls, or does not fall, within a sector or including any other interpretative material).

Recognised organisations: competition exemptions and further provision

31

(1) Schedule 2 amends Schedule 3 to the Competition Act 1998 (general exclusions) so as to exclude certain agreements between members of recognised 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 comply;

(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) about the provision of information;

(b) about the keeping of records;

(d) about appeals;

(e) conferring functions (including functions involving the exercise of a discretion) 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) In this section, “recognised organisation” means—

(a) a recognised producer organisation,

(b) a recognised association of producer organisations, or

Regulations under sections 30 and 31

32

(1) The power to make regulations under sections 30(9), (10) or (12) and 31 includes power to make provision allowing the Secretary of State to delegate functions, including the function of deciding applications for recognition under section 30.

(2) Regulations under sections 30(9), (10) or (12) and 31 may make additional or different provision, including in the case of section 30(9) an exemption from a condition in section 30, 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 in 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) Regulations under sections 30 and 31 are subject to negative resolution procedure unless—

(a) section 50(5) applies,

(b) the regulations contain new sector-specific provision, or

(4) Regulations under sections 30 and 31 which contain new sector-specific provision or provision made under section 30(14) are subject to affirmative resolution procedure.

(5) Before making regulations which contain such provision the Secretary of State must consult—

(a) persons 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 30(14) (as the case may be).

(6) In this section—

“agricultural sector” means a sector listed in Schedule 1;

“new sector-specific provision” means sector-specific provision that did not apply by virtue of any assimilated direct legislation immediately before this section comes into force.

PART 4 — Matters relating to farming and the countryside

Fertilisers

33

(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—

“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 content”, 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 or 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 surveillance 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 out; (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 paragraph (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 procedures); (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. (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) powers 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) powers 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) Regulations 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) Regulations 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 October 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) In 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) after 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 under 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 section 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, Senedd Cymru— (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) any 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 of 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 74A(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 them 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 section 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 paragraph (b) treated as substituted for section 84(2)(b), after “1954” insert “ (unless subsection (2D) applies) ”.

Identification and traceability of animals

34

(1) In the Natural Environment and Rural Communities Act 2006, after section 89 insert—

(89A) (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 Scotland 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) An order of the Secretary of State assigning functions under section 87(1)(b) by virtue of subsection (1) may only be made with the approval of— (a) the Welsh Ministers, if the functions are exercisable in relation to Wales, (b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, if the functions are exercisable in relation to Northern Ireland, and (c) the Scottish Ministers, if the functions are exercisable in relation to Scotland. (3) Provision 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). (4) 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) in relation to England or Wales, the means of identifying animals, and (ii) in relation to Scotland, the marking of animals,

;

(b) after subsection (1) insert—

(1A) Provision made under subsection (1)(a) made by the Secretary of State or the Welsh Ministers 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—

(a) in Article 1 (member States to establish systems for the identification and registration of bovine animals), at the end insert—

(3) This Title does not apply in relation to England or Wales.

, and

(b) in Article 22 (compliance)—

(i) in paragraph 1 at the end insert—

The fourth, fifth and sixth subparagraphs do not apply in relation to England or Wales.

, and

(ii) in paragraph 2 at the end insert—

This paragraph does not apply in relation to England or Wales.

(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 registration of ovine and caprine animals), at the end insert—

(3) This Regulation does not apply in relation to England or Wales.

Red meat levy: payments between levy bodies in Great Britain

35

(1) A scheme under this section (“the scheme”) may—

(a) make provision for amounts of red meat levy collected by the levy body for 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) who is to determine the amount of a payment,

(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 under 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 making 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.

(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) A 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) the 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) For 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' function 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 Development Board Order 2008 (S.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. 2008/77);

(c) in relation to the levy body for Wales, the production component (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.

Agricultural tenancies

36

Schedule 3 makes provision in relation to agricultural tenancies.

PART 5 — Agricultural products

Marketing standards

37

(1) The Secretary of State may by regulations, in relation to agricultural products that—

(a) are listed in Schedule 4, and

(b) are marketed in England,

make provision about the standards with which those products must conform (“marketing standards”).

(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;

(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 characteristics 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) 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) the 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 use of products not in conformity with the marketing standards, and the disposal of by-products;

(n) 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) about the provision of information;

(b) conferring powers of entry;

(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 exceed level 4 on the standard scale);

(g) about appeals;

(h) conferring functions (including functions involving the exercise of a discretion) 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) adding 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.

Organic products

38

(1) Regulations may make provision for and in relation to the certification of—

(a) organic products;

(b) 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) requiring persons carrying out activities in relation to organic products to notify certification authorities of those activities;

(d) as to the circumstances in which certificates may or may not be issued;

(e) for the suspension or withdrawal of certificates;

(f) prohibiting 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 under 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) mitigating, or adapting to, climate change;

(b) protecting or improving natural resources;

(d) protecting or improving human health;

(e) protecting 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) promoting 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 about 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) as to the procedures to be followed in respect of the import of organic products;

(b) restricting or prohibiting the import of organic products.

(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) certify 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 is recognised in accordance with the regulations as controlling or enforcing standards relating to organic products equivalent to those applicable in the United Kingdom;

(7) Regulations 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) prohibiting 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 of the functions);

(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) conferring powers of entry,

(d) for 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), 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 magistrate).

(11) In this section—

“marketing” includes advertising;

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

(12) In this section “organic product” means a qualifying product which is or is to be—

(a) marketed or sold as “organic”;

(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 animal 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.

Organic products: supplementary

39

(1) Regulations under section 38 may be made by—

(a) the Secretary of State;

(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 regulations would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (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 Assembly if contained in an Act of that Assembly made without the Secretary of State's consent.

(2) The Secretary of State may only make regulations under section 38 containing provision which could be made under that section by an authority referred to in subsection (1)(b) to (d) with the consent of that authority.

(3) Regulations under section 38 are subject to affirmative resolution procedure where—

(a) the regulations are made under subsection (1) of that section and contain 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.

(4) Regulations under section 38 to which subsection (3) does not apply are subject to negative resolution procedure (unless section 50(5) applies).

Carcass classification

40

(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) Regulations 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;

(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 exceed 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 subsection (1) may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.

(4) Regulations under this section are subject to affirmative resolution procedure.

Power to reproduce modifications under section 37 for wine sector

41

(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 traditional terms in the wine sector), so as to reproduce any modifications to that Annex made by regulations under section 37(1).

(2) Regulations under this section are subject to negative resolution procedure (unless section 50(5) applies).

Reports relating to free trade agreements

42

(1) A free trade agreement that includes measures applicable to trade in agricultural products may not be laid before Parliament under Part 2 of the Constitutional Reform and Governance Act 2010 unless the Secretary of State has first laid a report complying with subsection (2) before Parliament.

(2) The report must explain whether, or to what extent, the measures referred to in subsection (1) are consistent with the maintenance of UK levels of statutory protection in relation to—

(a) human, animal or plant life or health,

(b) animal welfare, and

(3) In subsection (2) “UK levels of statutory protection” means levels of protection which, at the time the report is made, are provided for by or under any legislation which has effect in, or in any part of, the United Kingdom.

(4) In preparing the report, the Secretary of State may seek advice from any person the Secretary of State considers to be independent and to have relevant expertise.

(5) When the Secretary of State lays the report before Parliament the Secretary of State must also provide a copy of it to—

(a) the Scottish Ministers,

(b) the Welsh Ministers,

(d) any Committee of the House of Commons or the House of Lords or any Joint Committee of both Houses that appears to the Secretary of State to have an interest in the subject matter of the report.

(6) This section does not apply in relation to a free trade agreement if—

(a) each party to the agreement (other than the United Kingdom) is a member State or the European Union, or

(b) the following conditions are met—

(i) the negotiations for the agreement were concluded before the second anniversary of IP completion day,

(ii) each party to the agreement (other than the United Kingdom) and the European Union were, immediately before exit day, parties to another free trade agreement which includes measures applicable to trade in agricultural products, and

(iii) the other free trade agreement was, immediately before exit day, in force for, or being provisionally applied by, each party to that agreement.

(7) In this section—

“agricultural products” means products of a kind which, at the time this section comes into force, is listed in—Annex 1 to the Treaty on the Functioning of the European Union;Annex 1 to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2013 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009;the first two columns of Annex 2 to that Regulation;

“free trade agreement” means an agreement that is or was notifiable under paragraph 7(a) of Article XXIV of the General Agreement on Tariffs and Trade, part of Annex 1A of the WTO Agreement (as modified from time to time);

“legislation” means primary legislation, subordinate legislation or assimilated direct legislation;

“the WTO Agreement” means the Agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.

PART 6 — WTO Agreement on Agriculture

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

43

(1) The Secretary of State may make regulations for the purpose of securing compliance with obligations of the United Kingdom under the Agreement on Agriculture.

(2) The provision which may be made under subsection (1) includes (among other things)—

(a) provision made in accordance with section 44 (limits on the amount of domestic support provided in the United Kingdom);

(b) provision falling within section 45 (classification of domestic support).

(3) Regulations under this section may—

(a) confer functions on a person other than the Secretary of State;

(b) provide for the Secretary of State to delegate functions;

(4) Regulations under this section are subject to affirmative resolution procedure.

(5) In this section and sections 44 and 45—

“the Agreement on Agriculture” means the Agreement on Agriculture, part of Annex 1A to the WTO Agreement (as modified from time to time);

“appropriate authority” means—the Secretary of State, ora devolved authority;

“devolved authority” means—the Scottish Ministers,the Welsh Ministers, ora 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;

“the WTO Agreement” means the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994.

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

44

(1) This section applies in relation to any domestic support to which a specific limit 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) Regulations under section 43 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 in 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 within 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) the 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

(7) The 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) domestic 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

(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.

Regulations under section 43: classification of domestic support

45

(1) Regulations under section 43 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) any limits set under section 44.

(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 amending 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.

PART 7 — Wales and Northern Ireland

Wales

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of provision in relation to Wales

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland

48

Schedule 6 makes provision in relation to Northern Ireland.

PART 8 — General and final provisions

Data protection

49

(1) This section 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 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 determining 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).

Regulations

50

(1) Any power conferred on the Secretary of State or the Welsh Ministers to make regulations 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)).

(3) Any power to make regulations under this Act includes power—

(a) to modify assimilated direct legislation;

(b) to make provision binding the Crown;

(d) to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(4) The provision which may be made by virtue of subsection (3)(d) includes provision modifying primary legislation, assimilated direct legislation or subordinate legislation.

(5) Regulations which—

(a) contain provision made by virtue of subsection (3)(d) modifying primary 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 procedure, 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 procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

(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, Senedd Cymru;

(d) if made by DAERA, may not be made unless a draft of the regulations has 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 them 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));

(c) if made by the Welsh Ministers, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(d) if made by DAERA, the regulations are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 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 relation 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 57.

Interpretation

51

In this Act—

“affirmative resolution procedure” is to be construed in accordance with section 50(6);

“the CMO Regulation” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products;

“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“EU regulation”, “EU decision” and “EU tertiary legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20 of that Act);

“modify” includes amend, revoke and repeal (and related expressions are to be construed accordingly);

“negative resolution procedure” is to be construed in accordance with section 50(7);

“primary legislation” means—an Act of Parliament;an Act of the Scottish Parliament;a Measure or Act of Senedd Cymru;Northern Ireland legislation;

“private dwelling” means so much of any land as consists of—a building or other structure used wholly or mainly as a private dwelling, ora garden, yard, private garage or outhouse enjoyed with such a building or structure;

“subordinate legislation” means an instrument made under primary legislation or under assimilated direct legislation.

Consequential amendments

52

Schedule 7 amends the CMO Regulation in consequence of—

(a) Chapter 2 of Part 2 (intervention in agricultural markets: England);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Part 4 of Schedule 6 (marketing standards and carcass classification: Northern Ireland).

Power to make consequential etc provision

53

(1) The Secretary of State may, subject to subsections (5) and (6), by regulations make supplementary, incidental or consequential provision in connection with any provision of this Act.

(2) The Welsh Ministers may by regulations make supplementary, incidental or consequential provision in connection with—

(a) sections 33 to 35, so far as relating to Wales,

(b) section 36 and Schedule 3, so far as relating to Wales,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Scottish Ministers may by regulations make supplementary, incidental or consequential provision in the law of Scotland in connection with—

(a) sections 33 to 35, so far as relating to Scotland, and

(b) sections 38 and 39, so far as relating to Scotland.

(4) DAERA may by regulations make supplementary, incidental or consequential provision in the law of Northern Ireland in connection with—

(a) sections 33 and 34, so far as relating to Northern Ireland,

(b) sections 38 and 39, so far as relating to Northern Ireland,

(d) section 52 and Schedule 7 so far as they apply in relation to Northern Ireland.

(5) The Secretary of State may not make regulations under subsection (1) containing provision which could be made—

(a) by the Welsh Ministers under subsection (2)(a) or (b) , or under that subsection so far as it would have allowed the Welsh Ministers to make supplementary, incidental or consequential provision in connection with—

(i) section 46 and Schedule 5,

(ii) section 47, and

(iii) section 52 and Schedule 7 so far as applying in relation to Wales,

but for the repeal of those provisions by the Agriculture (Wales) Act 2023.

(b) by the Scottish Ministers under subsection (3)(a), or

(6) The Secretary of State may make regulations under subsection (1) containing provision which could be made—

(a) by the Welsh Ministers under subsection (2)(c),

(b) by the Scottish Ministers under subsection (3)(b), or

only if the Secretary of State has first consulted (respectively) the Welsh Ministers, the Scottish Ministers or DAERA.

(7) Regulations under this section may modify primary legislation, assimilated direct legislation or subordinate legislation.

(8) Regulations under this section which contain provision modifying primary legislation (with or without other provision) are subject to affirmative resolution procedure.

(9) Other regulations under this section are subject to negative resolution procedure.

Power to make transitional etc provision

54

(1) 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.

(2) The appropriate authority is—

(a) the Welsh Ministers, for provision in connection with—

(i) sections 33 to 35, so far as relating to Wales,

(ii) section 36 and Schedule 3, so far as relating to Wales,

(iii) sections 38 and 39, so far as relating to Wales,

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Scottish Ministers, for provision in connection with—

(i) sections 33 to 35, so far as relating to Scotland,

(ii) sections 38 and 39, so far as relating to Scotland,

(i) sections 33 and 34, so far as relating to Northern Ireland,

(ii) sections 38 and 39, so far as relating to Northern Ireland,

(iii) section 48 and Schedule 6, and

(iv) section 52 and Schedule 7 so far as they apply in relation to Northern Ireland, and

(d) the Secretary of State, for provision in connection with anything not mentioned in paragraphs (a) to (c).

Financial provision

55

There is to be paid out of money provided by Parliament—

(a) sums required for the purpose of—

(i) giving financial assistance under section 1(1) or (2) or 21(2);

(ii) giving financial assistance by the Secretary of State under section 17;

(iii) continuing direct payments under the basic payment scheme for one or more years after 2020 by virtue of regulations under section 10;

(iv) making delinked payments by virtue of regulations under section 12;

(v) operating the public market intervention or aid for private storage mechanisms under retained direct EU legislation in response to a declaration under section 20;

(b) administrative expenditure incurred by the Secretary of State by virtue of this Act;

(c) any increase attributable to this Act in amounts payable out of money provided by Parliament by virtue of any other Act.

Extent

56

(1) The following provisions of this Act extend to England and Wales only—

(a) Part 1, apart from sections 17 and 18;

(b) Chapter 2 of Part 2;

(d) section 36 and Schedule 3;

(e) section 37 and Schedule 4;

(f) section 40;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 48 and Schedule 6 extend to Northern Ireland only.

(3) The following provisions extend to England, Wales and Scotland only—

(a) section 34(2), and

(b) section 35.

(4) Otherwise, this Act extends to England and Wales, Scotland and Northern Ireland.

Commencement

57

(1) The following provisions come into force on the day on which this Act is passed—

(a) sections 17 and 18;

(b) any provision of Parts 1 to 7 which—

(i) confers a power to make regulations, or

(ii) modifies legislation so as to confer a power to make regulations or a power to make an order by statutory instrument;

(c) any other provision of those Parts so far as it, or a modification of legislation it makes, affects the exercise of such a power (for example by defining an expression used in the provision conferring it);

(d) this Part, apart from section 52 and Schedule 7.

(2) The following provisions, so far as not brought into force by subsection (1)(b) or (c), come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint—

(a) sections 20 and 21,

(b) sections 30 and 31 and Schedules 1 and 2,

(i) section 34(3) and (4),

(ii) paragraphs 10 to 16 and 18 of Schedule 3, and

(iii) section 36 so far as relating to those paragraphs,

(d) Parts 1 and 3 of Schedule 7, and section 52 so far as relating to those Parts.

(3) The following provisions, so far as not brought into force by subsection (1)(b) or (c), 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) section 34(3) and (4),

(ii) paragraphs 10 to 16 and 18 of Schedule 3, and

(iii) section 36 so far as relating to those paragraphs,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The following provisions, so far as not brought into force by subsection (1)(b) or (c), 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) Part 2 of Schedule 6, and section 48 so far as relating to that Part, and

(b) Part 5 of Schedule 7, and section 52 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.

Short title

58

This Act may be cited as the Agriculture Act 2020.

SCHEDULE 1

SCHEDULE 2

1

Schedule 3 to the Competition Act 1998 (general exclusions) is amended as follows.

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) a 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 members (for all or part of their total production), provided that Conditions A and B are also met. This exclusion is referred to in this paragraph as the “RPO exclusion”. (1A) The activities are— (a) planning production; (b) optimising production costs; (c) concentrating supply; (d) placing products on the market; (e) negotiating supply contracts. (1B) Condition A is that— (a) in 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 places 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) in 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 members 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) every 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) If 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) Omit sub-paragraph (2).

(4) In sub-paragraph (3), for “agriculture exclusion” substitute “ RPO exclusion ”.

(5) For sub-paragraph (9) substitute—

(9) In this paragraph— - “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 association recognised under section 30 of that Act; - “recognised producer organisation” means a producer organisation recognised under section 30 of that Act.

3

After paragraph 9, insert—

(10) (1) The Chapter 1 prohibition does not apply to an agreement to the extent 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. This exclusion is referred to in this paragraph as the “RIBO exclusion”. (2) The condition in this sub-paragraph is that the organisation has notified 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 requires, 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 organisation 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) Sub-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 section 30 of the Agriculture Act 2020; - “specified activities” means the activities specified in regulations under section 30(6)(e) of that Act.

SCHEDULE 3

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) is amended as follows.

(2) In 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 termination 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) In 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) for “the demand” substitute “ the notice ”;

(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 subsection (1) ”;

(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 supplementary 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 this Act ”;

(b) for “the demand” substitute “ the notice ”.

Appointment of arbitrators etc

4

In 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 for 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 agreement 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 under 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) for “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) In 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) After 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) In 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) the President of the Royal Institution of Chartered Surveyors, (b) the President of the Central Association of Agricultural Valuers, or (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 of “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) the Welsh Ministers, in relation to Wales.

7

Before section 20 insert—

(19A) (1) The 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 request. (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) A 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) it 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 of 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 reference 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) to make any other award or determination permitted by the regulations. (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) for 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 payment 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 third 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 assistance. (7) In this section— - “appropriate authority” means— 1. in relation to England, the Secretary of State, and 2. in relation to Wales, the Welsh Ministers; - “relevant financial assistance” means financial assistance under— 1. section 1 of the Agriculture Act 2020 (powers of Secretary of State to give financial assistance), 2. section 21 of, or paragraph 8 of Schedule 5 to, that Act (powers of Secretary of State and Welsh Ministers to give financial assistance in exceptional market conditions), or 3. a scheme of the sort mentioned in section 2(4) of that Act (third party schemes); - “statutory duty” means a duty imposed by or under— 1. an Act of Parliament; 2. an Act or Measure of Senedd Cymru; 3. retained direct EU legislation.

Arbitration 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) in 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 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) any benefit to the tenant arising from the improvements before the date on which the last of those payments falls to be made, and

9

In Part 1 of Schedule 3 (cases where consent of tribunal to operation of notice to 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

10

In section 35 (application of sections 36 to 48), in subsection (2) omit “(and in Part 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) for “conditions are” substitute “ condition is ”;

(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 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 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.

12

In 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) In subsection (2)—

(a) omit the words from “(subject to” to “subsection (4) below)”;

(b) for “conditions are” substitute “ condition is ”;

(3) For subsection (4) substitute—

(4) For 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 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.

14

Omit section 58 (effect of direction under section 53 on succession to other holdings).

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)”.

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 (8) substitute—

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