Schedule 5, Part 1: Financial support after exiting the EU
Paragraphs 1 to 3 of Part 1 of Schedule 5 provide for the payment of Direct Payments in Wales under the basic payment scheme.
	Paragraph 1(1) sets out definitions for terms used in paragraphs 1 to 3. Paragraph 1(2) defines the term "basic payment scheme" as covering the basic payment, the greening component, and the young farmers payment. A difference from the equivalent provision for England (Part 1, Chapter 2, section 7), is that paragraph 1 also provides that the basic payment scheme includes redistributive payments. A redistributive payment is a payment for a limited number of first hectares in addition to the payment rate per hectare calculated for all of the land receiving a payment under the scheme. These payments are made in Wales and are not made in England.
	Paragraph 2 of Schedule 5 confers on the Welsh Ministers powers to modify certain legislation governing the basic payment scheme so far as it operates in relation to Wales. Paragraph 2(1) specifies five purposes for which the legislation may be modified:
	Simplifying the administration of the scheme or otherwise making its operation more efficient or effective;
	removing provisions which are spent or of no practical utility;
	removing or reducing burdens, or the overall burdens, on persons applying for, or entitled to, direct payments under the scheme or otherwise improving the way that the scheme operates in relation to them;
	securing that any sanction or penalty imposed under the scheme is appropriate and proportionate;
	limiting the application of the scheme to land in Wales only.
	Paragraph 2(2) clarifies that the Welsh Ministers may terminate greening payments in relation to Wales using the powers available under paragraph 2(1), so long as that provision does not reduce the amount of a direct payment to which a person would have been entitled had the provision not been made.
	Paragraph 2(3) defines "burden" (as used in paragraph 2(1)(c)) as including a financial cost, an administrative inconvenience, or an obstacle to efficiency, productivity or profitability.
	Paragraph 2(4) provides that regulations made under this paragraph are subject to the negative procedure, unless section 50(5) applies, in which case the procedure is affirmative. These powers reflect those available to the Secretary of State under section 9 of the Act in relation to England.
	Paragraph 3 of Schedule 5 confers on the Welsh Ministers powers to modify legislation to secure continuation of the basic payment scheme in Wales after 2020. Paragraph 3(6) provides that regulations made under this paragraph are subject to the affirmative resolution procedure. These powers reflect those available to the Secretary of State under section 10 of the Act in relation to England.
	Paragraph 4 of Schedule 5 confers on the Welsh Ministers powers to modify, so far as it operates in relation to Wales, retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy, and subordinate legislation relating to that legislation.
	Paragraphs 4(1) and (2) provide that the Welsh Ministers may make regulations to modify that legislation, so far as it operates in relation to Wales, for one or more specified purposes. Those purposes are:
	securing that any provision of that legislation ceases to have effect, or;
	simplifying the operation of any provision of such legislation, or making its operation more efficient or effective;
	removing or reducing burdens, or the overall burdens, imposed by such legislation on persons applying for, or in receipt of, payments governed by the legislation, or otherwise improving the way that the legislation operates in relation to such persons;
	securing that any sanction or penalty imposed by such legislation is appropriate and proportionate.
	Paragraph 4(5) provides that regulations made under this paragraph are subject to the negative resolution procedure unless section 50(5) applies, in which case the procedure is affirmative. These powers reflect those available to the Secretary of State under section 14 of the Act in relation to England.
	Paragraph 5 of Schedule 5 confers on the Welsh Ministers powers to modify retained direct EU legislation relating to apiculture and subordinate legislation relating to that legislation. Paragraph 5(2) defines "retained direct EU legislation relating to apiculture" by reference to a non-exhaustive list. Paragraph 5(3) provides that regulations made under this paragraph are subject to the affirmative resolution procedure unless section 50(5) applies, in which case the procedure is affirmative.
	Paragraph 6 of Schedule 5 confers on the Welsh Ministers powers to modify retained direct EU legislation relating to support for rural development and subordinate legislation relating to that legislation. Paragraph 6(2) defines "retained direct EU legislation relating to support for rural development" by reference to a non-exhaustive list. Paragraph 6(3) provides that regulations made under this paragraph are subject to the affirmative resolution procedure. These powers could be used to make extensions of schemes and projects beyond the existing RDP 2014-20 or to operate a domestic Welsh equivalent.