Chapter 2: Direct Payments After EU Exit Section 9: Power to modify legislation governing the basic payment scheme
Section 9 provides the Secretary of State with powers to modify retained EU legislation governing the basic payment scheme (including the greening and young farmer payment), as defined in section 7(3).
	Subsection (1) provides the power to modify the legislation where the Secretary of State considers this would serve one or more of five specific purposes. The first purpose is the simplification of the administration of the basic payment scheme or making its operation more efficient or effective. The second purpose is the removal of provisions in the legislation which are either spent or of no practical use. The third purpose is the removal or reduction of burdens (as defined in subsection (3)) to people applying to or entitled under the basic payment scheme or making other improvements to the way the scheme operates in relation to those people. The fourth purpose is to secure that any sanction or penalty imposed is appropriate and proportionate. The fifth purpose is to limit the application of the basic payment scheme to land in England. This latter purpose will allow the Government to simplify the administrative arrangements for farmers who have land both in England and in one or more other part of the UK (i.e. Scotland, Northern Ireland and / or Wales).
	Subsection (2) expressly provides that the power in subsection (1) includes the power to end greening payments before the end of the agricultural transition period. The greening requirements include the so-called "three crop rule" which determines the number of crops a farmer must grow. The power can only be exercised so long as the 30% portion of the overall budget currently allocated to greening remains available to recipients, providing they observe remaining basic payment scheme requirements. Subsection (2) is required to enable the ending of greening payments, otherwise this would be a change which would be beyond the scope of the power in subsection (1).
	Subsection (3) states that ‘burden’, which the power in subsection (1)(c) is designed to remove or reduce, includes: a financial cost; an administrative inconvenience; and an obstacle to efficiency, productivity or profitability.
	Subsection (4) specifies that regulations made under this section are to be subject to the negative resolution procedure, unless section 50(5) applies, in which case the procedure is affirmative.