“(1) The Secretary of State may by regulations modify legislation governing the basic payment scheme to make provision for and in connection with securing that the basic payment scheme continues to operate in relation to England for one or more years beyond 2020 (subject to any provision made under section 7).
(2) The power conferred by subsection (1) includes power to provide for the direct payments ceiling for England for any relevant year to be determined, in a specified manner, by the Secretary of State.
(3) Provision made by virtue of subsection (2)—
(a) must require a determination in respect of a relevant year to be published as soon as practicable after it has been made, and
(b) may confer functions on any person in connection with, or with the making of, a determination in respect of a relevant year.
(4) In this section—
“the direct payments ceiling for England” is the national ceiling of the kind referred to in Article 6 of the Direct Payments Regulation that is applicable in relation to England for any relevant year;
“relevant year” means a year within the agricultural transition period for England in respect of which direct payments under the basic payment scheme fall to be made in relation to England;
“specified” means specified in regulations under this section.
(5) Regulations under this section are subject to affirmative resolution procedure.”—
The current text of the Direct Payments Regulation relating to the basic payment scheme only covers years up to 2020. The new clause allows regulations to make provision continuing the basic payment scheme beyond 2020 during the agricultural transition period for England, although this is subject to clause 7 which provides for the phasing out or termination of the basic payment scheme during the transition period. The new clause also makes clear that this includes power to provide for the relevant national ceiling for England to be determined outside the Direct Payments Regulation, rather than simply being specified in it.