Agricultural holdings in Scotland—subsidy rights
Produced in partnership with Mike Blair of Gillespie MacAndrew
Agricultural holdings in Scotland—subsidy rights

The following Property guidance note Produced in partnership with Mike Blair of Gillespie MacAndrew provides comprehensive and up to date legal information covering:

  • Agricultural holdings in Scotland—subsidy rights
  • Basic Payment Scheme—2015–2020
  • Scottish Upland Sheep Support Scheme
  • Less Favoured Areas Support Scheme (LFASS)
  • Scottish Rural Development Programme 2014–2020
  • Brexit

STOP PRESS: The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020, SSI 2020/18 are in force from the 31 January 2020 and are made in exercise of the powers conferred by section 3(3)(a) and (9) of the Direct Payments to Farmers (Legislative Continuity) Act 2020. They address failures of retained EU law governing the Common Agricultural Policy direct payments scheme for the claim year 2020 and other deficiencies arising from the withdrawal of the UK from the EU. Provisions are made to amend the following regulations to ensure that they continue to operate effectively in respect of the 2020 Direct Payments claim year:

  1. Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014, SSI 2014/325

  2. Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015, SSI 2015/58

  3. Rural Payments (Appeals) (Scotland) Regulations 2015, SSI 2015/194

Further legislation is expected to clarify what will happen for the 2021 Direct Payments claim year.

The administration of the present EU agricultural subsidy schemes in Scotland is in disarray due to multiple and ongoing failures of the computer system run by the Scottish Government Rural Payments and Inspections Department (SGRIPD) also referred to as Agriculture Food and Rural Communities Directorate (AFRCD).

SGRIPD administers a variety of EU and National subsidy schemes, mostly through the Integrated Administration and Control System (IACS)—hence the term ‘IACS Forms’. Notwithstanding the problems with