Legislation – The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

“the Direct Payments Regulation” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/20092 as that Regulation applied in relation to England immediately before the end of 2023;

“agricultural holdings tenancy” means a tenancy to which the Agricultural Holdings Act 19863 applies;

“delinking period” is the period beginning with 1st January in the year prescribed in regulation 4 and ending on the last day of the agricultural transition period for England4;

“eligible land in England” means any land in England that was an “eligible hectare” within the meaning given by Article 32(2) of the Direct Payments Regulation;

“farm business tenancy” means a tenancy to which the Agricultural Tenancies Act 19955 applies;

“reference amount” has the meaning given in regulation 5(3);

“reference period” has the meaning given in regulation 5(2);

“transfer”, in relation to eligible land in England, means—

(a)

where the transferor is the owner of the land, a transfer by sale or gift or by lease under a farm business tenancy or agricultural holdings tenancy;

(b)

where the transferor is a tenant occupying the land under a farm business tenancy, a transfer by surrender or assignment of the tenancy;

(c)

where the transferor is a tenant occupying the land under an agricultural holdings tenancy, a transfer by surrender or assignment of the tenancy or by the transfer of the tenancy to a successor in accordance with Part 4 of the Agricultural Holdings Act 1986.