SL(6)275 – Agricultural Holdings (Fee) Regulations 2022

Background and Purpose

The Agricultural Holdings (Fee) Regulations 2022 (“the Regulations”) revoke and replace the Agricultural Holdings (Fee) Regulations 1996 (“the 1996 Regulations”) which were also made on an England and Wales basis.

These Regulations increase the prescribed statutory fee that can be charged by a professional authority for the appointment of an independent arbitrator to resolve disputes or to make certain records in relation to agricultural tenancies governed by the Agricultural Holdings Act 1986. These Regulations set the fee to be paid at £195. The corresponding fee prescribed under the 1996 Regulations was £115.

The Regulations also introduce a new statutory duty on the Welsh Ministers to carry out a review of the Regulations every five years in relation to Wales. An equivalent duty is placed on the Secretary of State in relation to England.

Procedure

Draft affirmative.

A draft of the Regulations has been laid before Senedd Cymru and the United Kingdom Parliament. The draft must be approved by each of those legislatures before it can be made by His Majesty.

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.

1. Standing Order 21.2 (ix) – that it is not made or to be made in both English and Welsh.

These Regulations have been laid before Senedd Cymru and the United Kingdom Parliament.  The Regulations have been made in English only. The Welsh Government’s Expanatory Memorandum states as follows:

As this instrument will be subject to UK Parliamentary scrutiny, it is not considered reasonably practicable for it to be made or laid bilingually.

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is not required.

Legal Advisers

Legislation, Justice and Constitution Committee

28 October 2022