The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (2023 No. 1430).

The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 introduce a new system of agricultural support in England, replacing the Basic Payment Scheme (BPS) with delinked payments. Delinked payments are made annually by the Secretary of State during the delinking period, which starts in 2024 and ends with the conclusion of the agricultural transition period (currently 31 December 2027). The amount each recipient receives is based on a “reference amount,” calculated by averaging the direct payments received under the BPS during the reference period established. Eligibility for delinked payments requires that the person was eligible for and claimed BPS in 2023, has a reference amount calculated for them, and complies with any requests for further information. The regulations allow for the transfer of all or part of a reference amount to another person in certain circumstances, including business changes or inheritance. Payments must be made within 13 months of the start of the relevant year, and may be paid in up to two instalments. If a payment is made in error, the Secretary of State can recover the amount, with interest charged. A right of appeal is provided for anyone affected by a decision under these regulations, with appeals considered by up to three appointed persons who report to the Secretary of State. The regulations also formally terminate the Basic Payment Scheme in England and revoke the associated legislation, while preserving its effect for resolving outstanding claims relating to years up to and including 2023.