Agriculture (Retained EU Law and Data) (Scotland) Bill 11 Part 2—Collection and processing of data 17 Limitations on the processing of required information (1) This section applies to information provided in response to a requirement imposed under section 13(1) or (2) or 14(1) or (2). (2) The information may be processed for, and only for, purposes specified in the 5 requirement in accordance with section 16. (3) Subsection (2) applies to— (a) the person to whom the information is provided, and (b) any person to whom the information is disclosed. (4) In the case of a person mentioned in subsection (3)(b), subsection (2) does not authorise 10 processing contrary to the terms on which the information is disclosed. (5) Where the requirement specifies the types of processing to which the information may be subjected, the information may not be subjected to other types of processing except in circumstances specified in the requirement. (6) Subsections (7) and (8) apply if a person (“P”) proposes to make a disclosure of the 15 information. (7) Where P proposes that the disclosure should be of the information otherwise than in anonymised form— (a) P must consider whether the disclosure (if made in that form) would or might prejudice the commercial interests of any person, and 20 (b) if P considers that it would or might do so, the disclosure (if made) must be of the information in anonymised form unless the Scottish Ministers consider that it is in the public interest for the disclosure to be of the information in some other form (in which event the disclosure may be of the information in that other form). (8) Where— 25 (a) subsection (7)(b) does not apply to the disclosure, but (b) the requirement specifies the form in which the information may be disclosed, the disclosure must not be of the information in any other form except in circumstances specified in the requirement. 18 Enforcement of information requirements 30 (1) The Scottish Ministers may by regulations make provision for or in connection with the enforcement of requirements imposed under section 13(1) or (2) or 14(1) or (2). (2) In subsection (1) “enforcement” includes in particular— (a) monitoring compliance, (b) investigating non-compliance, 35 (c) dealing with non-compliance. (3) The provision that may be made in regulations under subsection (1) includes in particular— (a) provision for the imposition of monetary penalties for non-compliance, including penalties— 40 (i) of a specified amount, 12 Agriculture (Retained EU Law and Data) (Scotland) Bill Part 3—General (ii) of an amount calculated in a specified manner, (iii) of an amount, not exceeding a specified maximum or a maximum calculated in a specified manner, decided by a specified person or a person of a specified description, 5 (iv) by way of suspending or withholding payment of any amounts, (b) provision for the recovery of amounts due in respect of monetary penalties, including provision for any interest, set-off and security for payment, (c) provision about the giving of advice or warnings, (d) provision for the imposition of restrictions (including prohibitions) on carrying 10 out activities, (e) provision for the acceptance of undertakings to take, or refrain from taking, particular actions, (f) provision giving persons functions in connection with enforcement of requirements, 15 (g) provisions about review of, or appeals against, things done (including decisions made) in connection with enforcement of requirements. (4) In subsection (3) and this subsection— “specified” means specified in regulations under subsection (1), “specified manner” includes in particular a manner framed by reference to a 20 specified matter such as a person’s profits, income or turnover. (5) Regulations under subsection (1) are subject to the affirmative procedure. 19 Consequential repeals Sections 78 to 81 of the Agriculture Act 1947 (power to obtain agricultural statistics etc.) are repealed. 25 ART 3 P GENERAL 20 Regulations: supplementary (1) A power of the Scottish Ministers to make regulations under this Act includes power to make— 30 (a) different provision for different purposes, (b) incidental, supplementary, consequential, transitional, transitory or saving provision. (2) The provision that may be made by virtue of subsection (1)(b) includes provision modifying any enactment. 35 (3) Regulations which— (a) contain provision made by virtue of subsection (1)(b) that adds to, replaces or omits any part of the text of an Act, and (b) would, apart from this subsection, be subject to the negative procedure, Agriculture (Retained EU Law and Data) (Scotland) Bill 13 Part 3—General are subject to the affirmative procedure. (4) Regulations under this Act creating an offence may not provide for the offence to be punishable with imprisonment for a period exceeding— (a) 5 years, in the case of a conviction on indictment, 5 (b) 12 months, in the case of a summary conviction. (5) This section does not apply to regulations under section 23. 21 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for 10 the purpose of, in connection with or for giving full effect to this Act or any provision made under it. (2) Regulations under this section may modify any enactment. (3) Regulations under this section— (a) are subject to the affirmative procedure if they contain provision that adds to, 15 replaces or omits any part of the text of an Act, (b) otherwise are subject to the negative procedure. 22 Interpretation and effect (1) A reference in this Act to any EU regulation (within the meaning of Article 288 of the Treaty on the Functioning of the European Union) is a reference to the EU regulation as 20 it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018. (2) In so far as any provision of this Act, or any provision made under it, would, if it were in force before the relevant time, be incompatible with EU law, the provision is to have no effect until the relevant time. 25 (3) In this section— “EU law” has the same meaning as in the Scotland Act 1998 (see section 126(9) of that Act), the “relevant time”, in relation to any provision of this Act or any provision made under it, means the time at which the provision of EU law with which it would be 30 incompatible ceases to have effect in Scots law as a consequence of UK withdrawal from the EU, “UK withdrawal from the EU” means the withdrawal of the United Kingdom from the EU in consequence of the notification given under section 1 of the European Union (Notification of Withdrawal) Act 2017. 35 23 Commencement (1) This Part comes into force on the day after Royal Assent. (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint. 14 Agriculture (Retained EU Law and Data) (Scotland) Bill Part 3—General (3) Regulations under subsection (2) may— (a) include transitional, transitory or saving provision, (b) make different provision for different purposes. 24 Short title 5 The short title of this Act is the Agriculture (Retained EU Law and Data) (Scotland) Act 2020...