The Farm Sustainability Payments to Farmers (Amendment) Regulations (Northern Ireland) 2025
Source: legislation.gov.uk (2025-03-10)

These Regulations are made in exercise of the powers conferred by section 48 and 50(3)(a) of, and paragraph 5 of Schedule 6 to, the Agriculture Act 2020 (c.21).

Statutory Rules of Northern Ireland

2025 No. 26

Agriculture

The Farm Sustainability Payments to Farmers (Amendment) Regulations (Northern Ireland) 2025

Made

13th February 2025

Coming into operation

10th March 2025

The Department of Agriculture, Environment and Rural Affairs, in exercise of the powers conferred by sections 48 and 50(3)(a) of, and paragraph 5 of Schedule 6 to, the Agriculture Act 2020(1 (\"#f00001\")) makes the following Regulations:

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as The Farm Sustainability Payments to Farmers (Amendment) Regulations (Northern Ireland) 2025 and come into operation on 10th March 2025.

(2) The Interpretation Act (Northern Ireland) 1954(2 (\"#f00002\")) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1Reg. 1 in operation at 10.3.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/26/regulation/1/1\")

Amendment of Commission Delegated Regulation (EU) No 640/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/0640\")N.I.

2. In Commission Delegated Regulation (EU) No. 640/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/0640\") supplementing Regulation (EU) No. 1306/2013 (\"http://www.legislation.gov.uk/european/regulation/2013/1306\") of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance(3 (\"#f00003\")), in Article 6–

(a)for paragraph 1 substitute–

“1. The relevant authority shall assess the quality of the identification system for agricultural parcels annually and where the results of the quality assessment reveal deficiencies in the system, it may take appropriate remedial action.”;

(b)for paragraph 2 substitute–

“2. The relevant authority shall perform the assessment referred to in paragraph 1 on the basis of a sample of reference parcels.”

(c)in paragraph 3, omit from “by” to the end of that paragraph.

Commencement Information

I2Reg. 2 in operation at 10.3.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/26/regulation/1/1\")

The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014N.I.

3.—(1) In regulation 4(1) of the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014(4 (\"#f00004\"))–

(a)omit subparagraphs (a) and (b);

(b)for subparagraph (c) substitute-

“(c)the Department is the specialist control body which shall bear the responsibility of carrying out the controls and checks in respect of Schedule 1, and Annex II to, the Horizontal Regulation.”

(2) Omit regulation 4(2).

Commencement Information

I3Reg. 3 in operation at 10.3.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/26/regulation/1/1\")

Amendment of the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015N.I.

4.—(1) The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015(5 (\"#f00005\")) shall be amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert–

““the 2025 scheme year” means the scheme year beginning on 1st January and ending on 31st December 2025,”.

(3) Regulation 4 shall be amended as follows–

(a)in paragraph (1)–

(i)after subparagraph (a), insert–

“(aa)on or before 15th May in relation to the 2025 scheme year and subsequent scheme years,”,

(ii)in subparagraph (b) for the full stop substitute “, or”,

(iii)after subparagraph (b), add–

“(c)otherwise from 16th May of the preceding calendar year to 15th May (both those dates included) of the first calendar year where the first calendar year is 2026 or a subsequent year in which the transferee may include those entitlements in the transferee’s application for direct payments.”,

(b)in paragraph (2), after “2nd May” insert “or 15th May”.

Commencement Information

I4Reg. 4 in operation at 10.3.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/26/regulation/1/1\")

Amendment of The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2015N.I.

5. In The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2015(6 (\"#f00006\"))–

(a)in regulation 2, for “in accordance with regulations 3 to 5” substitute “as follows:”,

(b)omit regulation 3.

Commencement Information

I5Reg. 5 in operation at 10.3.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/26/regulation/1/1\")

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 13th February 2025.

Dr Jason Foy

A senior officer of the

Department of Agriculture, Environment and Rural Affairs

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 48 and 50(3)(a) of, and paragraph 5 of Schedule 6 to, the Agriculture Act 2020 (c.21) (\"http://www.legislation.gov.uk/id/ukpga/2020/21\").

Regulation 2 amends Commission Delegated Regulation (EU) No. 640/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/0640\") supplementing Regulation (EU) No. 1306/2013 (\"http://www.legislation.gov.uk/european/regulation/2013/1306\") of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance to remove the methodology for the assessment of the quality of the identification system for agricultural parcels set out in that Regulation.

Regulation 3 removes the responsibility of the Department of the Environment and the Health and Safety Executive as the Competent Control Authorities bearing the responsibility for certain cross compliance controls.

Regulation 4 amends The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015 to revise the closing date for the transfer of payment entitlements.

Regulation 5 reflects the responsibilities of the Department regarding Cross Compliance regulations.

(1)

2020 c.21 (\"http://www.legislation.gov.uk/id/ukpga/2020/21\")

(2)

1954 c.33(N.I.) (\"http://www.legislation.gov.uk/id/apni/1954/33\")

(3)

EUR 2014/640

(4)

S.R. 2014 No. 291 (\"http://www.legislation.gov.uk/id/nisr/2014/291\") as amended by SR 2015 No. 286 (\"http://www.legislation.gov.uk/id/nisr/2015/286\")

(5)

S.R. 2015 No.191 (\"http://www.legislation.gov.uk/id/nisr/2015/191\") as amended by S.R. 2020 No. 22 (\"http://www.legislation.gov.uk/id/nisr/2020/22\") and S.R. 2021 No. 40 (\"http://www.legislation.gov.uk/id/nisr/2021/40\")

(6)

S.R. 2015 No 286 (\"http://www.legislation.gov.uk/id/nisr/2015/286\")