9. Debate: Statutory Instrument Consent Memorandum on the Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020

Part of the debate – in the Senedd at 4:11 pm on 1 July 2020.

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Photo of Lesley Griffiths Lesley Griffiths Labour 4:11, 1 July 2020

Thank you, Deputy Presiding Officer. The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (the regulations) make consequential amendments required because the EU law governing the 2020 direct payment scheme for farmers, established under the common agricultural policy, was incorporated into UK law on exit day, rather than at the end of the implementation period.

Regulations 2, 3 and 4 make consequential amendments to the Interpretation Act 1978, the Statutory Instruments Act 1946, and the Legislation (Wales) Act 2019 to ensure that the Direct Payments to Farmers (Legislative Continuity) Act 2020 and EU legislation incorporated into domestic law under that Act are treated in the same way as EU legislation incorporated into domestic law under the European Union (Withdrawal) Act 2018.

It should be noted that the territorial extent and application of the regulations is UK wide, with provisions having different application depending on the legislation being amended. By way of example, the changes made by the regulations to the Legislation (Wales) Act 2019 extend to England and Wales and apply in relation to Wales. The Interpretation Act 1978's extent is UK wide. The Statutory Instruments Act 1946 extends to England, Wales and Scotland, with elements applying to Northern Ireland.

I believe that it is appropriate and proportionate to deal with the amendments in these regulations due to the territorial extent of the enactments being amended. Furthermore, making the necessary consequential amendments in one instrument helps to promote the accessibility of the law during this period of change. I note that the Legislation, Justice and Constitution Committee considered the regulations on 18 May and come to the conclusion. Diolch.