FG BUY&SELL        FARMERS WEATHER       ARABLE FARMING        DAIRY FARMER      FARMERS GUARDIAN        AGRIMONEY        OUR EVENTS        MEMBERSHIP BENEFITS        BLOGS        MORE FROM US

Opinion: Michael Aubrey, lawyer, Mills and Reeve

BusinessBrexit

On leaving the EU, we will lose 40 years’ worth of EU rules and regulations – not just the famous ones relating to bendy bananas, but also numerous provisions relating to agriculture, not least the Basic Payment and Countryside Stewardship schemes.

 

Not all laws will disappear automatically; it depends whether they are ‘directly applicable’.

 

A Commons Library briefing revealed this is the case for roughly 5,000 of the 20,000 EU legislative acts in force.

 

Generally, whether or not an EU law is directly applicable depends upon whether it is a regulation (which automatically becomes UK law) or a directive (which needs an Act of Parliament). Only the latter will automatically survive.

 

As Transfer of Undertakings (Protection of Employment) rules were required by a directive, they could remain, as could those relating to VAT. The Basic Payment Scheme and the Countryside Stewardship Scheme were introduced following EU regulations and will therefore disappear.

 

Rules relating to food labelling have been introduced via directive and regulation, so some will remain in force while others will not.

 

The Government said the proposed Great Repeal Bill will not only repeal the European Communities Act 1972, but will also re-enact many EU rules and regulations which would otherwise disappear.

 

There will be uncertainty while civil servants sift through the vast amount of legislation, deciding what to retain, amend or repeal.

 

There will also be the issue of deciding the relevance of past cases.

 

Little will change immediately, but be careful of assuming that what looks the same actually is the same.

 

It is wise to think about how legislation changes may affect your business:

 

  • If you have tax planning to do, think about it sooner rather than later.
  • Be careful about long-term agreements; try to build in flexibility so you can adapt to change.
  • Check any existing contracts, particularly any which are cross-border.
  • Consider the use of a ‘Brexit clause’ in agreements, but be clear about how it will operate and what you wish to achieve.
  • If you are a landowner wanting someone else to farm your land, contracting agreements are likely to be safer than tenancies, as these maximise flexibility and you remain in control.

 

Above all, remain confident; do not be pushed into taking steps which do not make sense for your business.

Farmers Guardian
Posted by Farmers Guardian
PopularCommentsRSS Feed
Twitter Facebook
Rating (0 vote/s)
Post a Comment
To see comments and join in the conversation please log in.

Recent Posts

Recent Posts


From the editor: Come on vegans, isn't it about time we had a rational debate?
"I don't think Dairy Farmers can have a rational "...
16 days ago
From the editor: Dairy industry collaboration is the only way forward
"The milk market has set back a lot of farmers who "...
02-Mar-2017
Opinion- Justin Fox, historian and environmentalist
"Yes, there's a ridiculous amount of hyperbolae "...
31-Jan-2017
Young Farmer Focus: Sophie Barnes, Taupo, New Zealand
"Brilliant get up & go for it attitude that NZs "...
09-Jan-2017
From the editor: Rural communities need more than just vast housing estates
"You need to hit the National Planning Policy F"...
25-Nov-2016
Waiting
FG Insight and FGInsight.com are trademarks of Briefing Media Ltd.
Farmers Guardian and FarmersGuardian.com are trademarks of Farmers Guardian Ltd, a subsidiary of Briefing Media Ltd.
All material published on FGInsight.com and FarmersGuardian.com is copyrighted © 2016 by Briefing Media Limited. All rights reserved.
RSS news feeds