S.I. No. 639/2017 - European Union (Basic Payment Scheme Inheritance) Regulations 2017
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 19th January, 2018. | ||
I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 20131 , (as amended by Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 20132 , Commission Delegated Regulation (EU) No 639/2014 of 11 March 20143 , Commission Delegated Regulation (EU) No 994/2014 of 13 May 20144 , Commission Delegated Regulation (EU) No 1001/2014 of 18 July 20145 , Commission Delegated Regulation (EU) No 1378/2014 of 17 October 20146 , Commission Delegated Regulation (EU) 2015/851 of 27 March 20157 , Commission Delegated Regulation (EU) 2016/142 of 2 December 20158 , Commission Implementing Regulation (EU) 2016/1616 of 8 September 20169 and Commission Delegated Regulation (EU) 2017/1155 of 15 February 201710 ) and Commission Implementing Regulation (EU) No 641/2014 of 16 June 201411 , hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Basic Payment Scheme Inheritance) Regulations 2017. | ||
2. These Regulations apply to payment entitlements granted in accordance with Regulation 1307/2013. | ||
3. (1) In these Regulations— | ||
“Regulation 1307/2013” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 (as amended by Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013, Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014, Commission Delegated Regulation (EU) No 994/2014 of 13 May 2014, Commission Delegated Regulation (EU) No 1001/2014 of 18 July 2014, Commission Delegated Regulation (EU) No 1378/2014 of 17 October 2014, Commission Delegated Regulation (EU) 2015/851 of 27 March 2015, Commission Delegated Regulation (EU) 2016/142 of 2 December 2015, Commission Implementing Regulation (EU) 2016/1616 of 8 September 2016 and Commission Delegated Regulation (EU) 2017/1155 of 15 February 2017) and Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014; | ||
“will” has the same meaning as in the Succession Act 1965 (No. 27 of 1965). | ||
(2) A word or expression that is used in these Regulations and is also used in Regulation 1307/2013 has, unless the context otherwise requires, the same meaning in these Regulations as it has in Regulation 1307/2013. | ||
4. Where a deceased person bequeaths land in a will and— | ||
(a) at the time of his or her death held an allocation of payment entitlements under Regulation 1307/2013, and | ||
(b) made no provision for those payment entitlements in his or her will | ||
such payment entitlements (or share thereof) shall transfer with the eligible land unless there is a legal impediment preventing the transfer. | ||
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Given under my Official Seal, | ||
21 November 2017. | ||
MICHAEL CREED, | ||
Minister for Agriculture, Food and the Marine. | ||
EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation) | ||
This Statutory Instrument provides legal basis to the Department of Agriculture, Food and the Marine for the inheritance of Basic Payment Scheme entitlements where the will of a deceased farmer is silent in relation to these entitlements. The SI provides for the entitlements to transfer with the land in such circumstances. | ||
1 OJ L 347, 20.12.2013, p. 608 |
