Continuing Professional Development (CPD) system in Tier 4 of the Agricultural Reform Programme: Data protection impact assessment

4. Description of the project and personal data

4.1 Description of the work

In the autumn of 2026 the Scottish Government is consulting on a CPD system as part of Tier 4 of the Agricultural Reform Programme. The consultation asks a series of questions about proposals for a system, including approaches that could be undertaken and policies. Scottish Ministers have not taken any decisions on the introduction of the CPD system, its approach and policies. The consultation will provide further evidence to inform any decisions that they make on such a system in due course.

The CPD (Continuing Professional Development) system will provide specific occupational groups within agriculture and crofting with a framework and means to undertake CPD and participate in and record a range of CPD activities. CPD relates to any type of learning that is undertaken that increases knowledge, understanding and experiences of a subject area or role.

The CPD system is in essence a framework to support personal and professional development. While a CPD system has requirements that are to be met by an individual, they also have some flexibility in how they can undertake aspects of their personal and professional development to meet their needs.

The CPD system comprises two parts. The first is a portal or system to record CPD activities that have been undertaken. The portal includes exemptions from undertaking CPD as a result of a range of specific circumstances. These can be sought through an application process. The second is activities that can help contribute to CPD.

While a CPD system has requirements that are to be met by an individual, they also have some flexibility in how they can undertake aspects of their personal and professional development to meet their own needs.

The immediate objective of establishing a CPD system is to encourage and facilitate personal and professional development, and improvement in practices, in agriculture, land management and other associated vocational fields. Monitoring and evaluation would be included as an integral part of the CPD system (it is a part of all CPD schemes).

It is expected that a CPD system would be procured, contracted and delivered by a third party who would report to the Scottish Government. Reporting mechanisms would be set out in the contract and would be in line with Scottish Government contract management processes.

CPD forms part of Tier 4 (“complementary support”) of the Agricultural Reform Programme. Whilst it is a standalone Tier, it also underpins and helps to support the other Tiers. As with the other support in Tier 4, it could help to contribute to the five strategic outcomes of the Agricultural Reform Programme. It could help to support a Just Transition in respect of skills, knowledge exchange, wellbeing and mental health and access to services. It could have downstream benefits for the four outcomes in the Programme:

• High Quality Food Production
• Thriving Agricultural Businesses
• Climate Change Mitigation and Adaptation
• Nature Restoration.

It could help meet short, medium and long-term outcomes of the Agricultural Reform Programme. The short-term outcomes include the following:

• Knowledge and skills - farmers / crofters / land managers could have improved knowledge of and skills in regenerative, sustainable and efficient practices
• Behaviour change – farmers / crofters / land managers could have implemented regenerative and sustainable practices on farms / crofts / land
• Relationships – there could be improved connections / networks between farmers / crofters / land managers
• Workforce – women could have improved opportunities in the sector; there could be improved work readiness and employability of young farmers / new entrants.

It could help to contribute towards the outcomes in the Vision for Scottish Agriculture. In particular this relates to skills and co-operative approaches to optimise collaboration and knowledge exchange.

The policy could help contribute to the following national outcomes:

• we have a globally competitive, entrepreneurial, inclusive and sustainable economy;
• we live in communities that are inclusive, empowered, resilient and safe;
• we have thriving and innovative businesses, with quality jobs and fair work for everyone;
• we are well educated, skilled and able to contribute to society; and
• we respect, protect and fulfil human rights and live free from discrimination.

There has been a continued demand for fit-for-purpose training, education and skills to enable farmers to improve their profitability and to become greener. This was highlighted by the national discussion on the future of Scottish agriculture in 2015-16. A future strategy for Scottish agriculture of May 2018, recommended that “new policies must include a major increase in knowledge transfer effort, to help the industry reap the benefits of both existing and new research and development on, for example, reducing animal diseases or improving soil organic matter.” It also recommended that “there should be more advice and training, and in particular greater emphasis on business skills, as well as technical farming and land management skills.”

The responses to the Scottish Government’s consultation Agriculture Transition in Scotland: first steps towards our national policy of August 2021, continued to show the importance attached to knowledge exchange, skills development and innovation in agriculture, with most respondents attaching a high level of importance to them. Many respondents described them as vital, critical, salient, fundamental and essential for the future of the agricultural industry.

The consultation asked the question: “Should continuing professional development be mandatory for businesses receiving public support funding?”. There were mixed responses over whether CPD should be mandatory for businesses receiving public support. However, half of the respondents to the consultation (49%) agreed that continuing professional development (CPD) should be a mandatory condition for businesses to receive publicly-funded support. Just over a quarter (27%) disagreed, and the remaining ones were unsure (18%) or did not answer (5%). Similar levels of agreement were recorded by individuals (50%) and organisations (46%).

The importance of knowledge and skills to help drive change within Scottish agriculture was reflected in its inclusion in Scottish Government’s Vision for Agriculture, published in March 2022. It outlined our long-term vision to transform how we support farming and food production in Scotland to become a global leader in sustainable and regenerative agriculture. It states that it will work with and alongside farmers, crofters and land managers to ensure that they have the right support to identify and develop the skills needed for regenerative and sustainable farming, as well as changes of land use and adaptation to the changing climate and to encourage co-operative approaches to optimise collaboration and knowledge exchange.

In August 2022, the Scottish Government ran a public consultation entitled Delivering our Vision for Scottish Agriculture: Proposals for a new Agriculture Bill. This consultation set out proposals to deliver the Scottish Government’s Vision for Agriculture, including its proposals for skills, knowledge transfer and innovation. On the support for knowledge transfer, innovation and skills development, the vast majority (92%) of those who responded to this question agreed that support should continue to be provided in the area of skills, knowledge transfer, and innovation, while 3% disagreed. Many respondents noted that this support was crucial in order for there to be thriving agricultural, crofting and agricultural sectors in the future. Support was viewed as vital to attract new entrants into the sectors and encourage new delivery methods, innovative solutions, and activities to be explored through acquiring new skills, as well as learning from other areas. There were also calls for a greater emphasis on continuous incremental improvement.

The resulting Agriculture and Rural Communities (Scotland) Bill was laid before the Scottish Parliament in September 2022. The Agriculture and Rural Communities (Scotland) Act 2024 was passed by parliament on 18 June 2024 and received Royal Assent on 30 July 2024. It provides the legal framework to deliver a number of policies including:

• the Scottish Government’s Vision for Agriculture;
• the National Performance Framework outcomes;
• Programme for Government policy programme priorities;
• emissions and nature restoration targets;
• Just Transition which supports agriculture, land integration and land use change in a way that follows the Just Transition principles;
• A system for CPD – Continuing Professional Development;
• Support for knowledge, innovation, education and training;
• value for money; and
• broad alignment to EU CAP objectives.

The Act sets out that Scottish Ministers may make regulations that impose CPD requirements on farmers, crofters, land managers, those who work in agriculture (whether or not as employees) such as farm workers or family members or friends who assist with farming activities or other persons directly or indirectly connected with farming etc or the wider rural economy.

The CPD system is a new policy. The Scottish Government does not currently provide a CPD system for farmers, crofters and land manager or others involved in Scottish agriculture, though a number of industry bodies, including AHDB do. However, it does provide a range of support through the Farm Advisory Service, and its range of knowledge activities. There are also opportunities through KTIF – Knowledge Transfer and Innovation Fund. Skills support is provided for example through the Practical Training Funds, including the Next Generation Practical Training Fund. All of these can be used to contribute to an individual’s CPD. Other organisations across the sector provide a range of activities – including seminars, meetings and farm visits - that can also count towards CPD.

As noted, Scottish Ministers have not made any decisions on the CPD system.

4.2 Personal data to be processed

4.3 How this data will be processed

The information would be gathered from the data subjects who would be applying to set up an account on the CPD system and update and manage that personal account. They would be farmers, crofters and land managers and other groups within agriculture who are the subject of the CPD system. They would be employed in the sector on a part-time, full-time or seasonal or casual nature. They would range in age from the minimum age for employment upwards.

It is expected that the Scottish Government would procure a CPD portal and recording system from a third party, through a public procurement. That third party would have responsibility processing the data. They would provide management reports to the Scottish Government.

Each applicant and user of the CPD system, who is also a data subject, would have access to their data, as would the data controller and data processor.

There would be a range of different personal data to be gathered by the data subject. Information required to apply for an exemption from the CPD system would not be gathered for all data subjects. It would only be collected for those who need to apply for an exemption from undertaking CPD within a CPD year as a result of specific circumstances. This would require the submission of data to apply for an exemption. This could, for example, include dates of maternity or paternity leave or sickness absence from employment. The data would vary according to the circumstances of the individual.

A data subject would provide their data to set up their CPD account. They would update it as they complete CPD activities, make any changes to their personal data, or need to apply for an exemption from participating it in the CPD system for a specific period of time.

The data would be stored on a CPD portal specially developed to record CPD activities. In essence, this would allow a data subject to have a personal account which records their CPD activities that they are undertaking and any relevant academic and personal development information.

The data would be removed from the CPD portal when it was no longer needed. A data subject would be able to delete their account should they no longer wish to have access to it. The Scottish Government would also delete the CPD portal should it no longer require it.

The data subject would manage their data on a day to day basis. The data processor appointed by the Scottish Government would run and manage the CPD system and have overall management of the CPD portal.

The data subject would check their data for accuracy. They would be asked to check if their details are correct. The data processor would run reports which would help identify data that may not be up to date (eg details not included for current CPD year).

The system of how the data would be processed would be set out in the contract to deliver the CPD system.

As noted, Scottish Ministers have not made any decisions on the CPD system.

4.4 The purpose(s) of the processing

The purpose of the data processing is to ensure data subjects meet the outcomes of the policy of the CPD system in Tier 4 of the Agricultural Reform Programme and more widely the Vision of Agriculture and the journey towards sustainable regenerative agriculture.

The CPD portal would enable a data subject to record a range of CPD activities that could help to support their personal and professional development. This could help them to understand the skills and knowledge activities they are undertaking in their personal and professional development, as well as to identify gaps/omissions/opportunities for improvement e.g. on how they could better contribute to the Scottish Government’s Agricultural Reform Programme and Vision for Agriculture.

It would enable a data subject to apply for an exemption from the CPD system for a particular period of time as a result of specific circumstances, and for the data processor to be able to make a decision on the application and to grant or refuse that application.

Where and if the CPD is tied to individual agricultural support schemes, it would enable the data controller to check eligibility for access to these schemes and to make a decision on whether a data subject was eligible or not.

It would enable the Scottish Government to better understand gaps/omissions/opportunities in CPD and enable it to provide support to the sector that would help to deliver the outcomes in the Agricultural Reform Programme and the Vision for Agriculture.

It would enable the Scottish Government or its provider to check any required compliance with the CPD system.

As noted, Scottish Ministers have not made any decisions on the CPD system.