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

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Introduction

PART 1
Introduction

1 Citation, commencement, extent and application

2 Interpretation

PART 2
Delinked payments

3 Delinked payments

4 The delinking period

5 Calculation of delinked payments

6 Eligibility conditions

7 Information in support of eligibility

8 Transfers of the reference amount

PART 3
Making and recovery of delinked payments

9 Making delinked payments

10 Recovery of delinked payments

PART 4
Appeals

11 Appeals: general

12 Grounds of appeal

13 The appointed person

14 Final determination of appeals

PART 5
Termination of the basic payment scheme in England

15 Termination of the basic payment scheme in England

16 Revocations and savings

PART 6
Consequential amendments to other legislation

17 Consequential amendments

SCHEDULES

SCHEDULE 1 Calculation of delinked payments

SCHEDULE 2

SCHEDULE 3 Revocations and Saving

SCHEDULE 4 Consequential Amendments

Signature

Explanatory note

PART 2Delinked payments

Transfers of the reference amount8.

(1)

A request may be made to the Secretary of State for the transfer to a person by the Secretary of State of all, or any part, of a reference amount and Parts 1 and 2 of Schedule 2 have effect for these purposes.

(2)

The Secretary of State must, as soon as practicable after the receipt of a request made under paragraph (1)—

(a)

determine that request; and

(b)

give notice in writing to the person who made the request of the Secretary of State’s decision in relation to that request.

(3)

For the purposes of determining a request made under paragraph (1), the Secretary of State may require additional information or evidence in support of that request under paragraph 9 or 16 of Schedule 2.

(4)

A person to whom all, or any part, of a reference amount is transferred following a request made under paragraph (1) and Part 2 of Schedule 2 in circumstances where paragraph 13 of that Schedule applies, is, for the purposes of these Regulations, to be treated as a person who has satisfied the eligibility condition in regulation 6(1)(a).