Continuing Professional Development (CPD) system in Tier 4 of the Agricultural Reform Programme – Partial Business and Regulatory Impact Assessment – August 2026

Section 4: Additional implementation considerations

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

Enforcement / compliance

The CPD system would apply to individuals within specific occupational groups in Scottish agriculture. Specific amounts of CPD would be undertaken with a period of 12 months.

The CPD system could include enforcement / compliance. Details of this would be included in the guidance to the system.

As with other CPD systems, there could be administrative checks to ensure that any requirements have been met. This would be a set percentage of the number of individuals who are using the system. This would mirror the levels of the wider schemes in the Agricultural Reform Programme.

In line with other CPD systems, the CPD system could include a number of exemptions from undertaking CPD as a result of a number of circumstances. These could include maternity leave, paternity leave, long-term sick leave etc. These exemptions and the process to apply for them would be set out in guidance.

Consultation with stakeholders on the CPD system will provide greater detail on the enforcement / compliance of CPD as well as any penalties.

UK, EU and International Regulatory Alignment and Obligations

Internal Market / Intra-UK Trade

• will the proposals will result in policy or regulatory divergence between UK nations, and the nature and potential impacts of divergence?

No. There is already CPD for farmers in Wales and Northern Ireland. Each country has its own scheme and requirements. The Scheme in Wales was financed by European Agricultural Fund for Rural Development

• are the market access principles of the Act relevant and in what way they interact with the proposals, particularly in terms of policy effect, including whether there is an exclusion for the policy area within the Act?

Part 3 of the Act only applies to professions which are regulated in law. It does not apply to professions that are voluntarily regulated by professional bodies without any underpinning legislation. This includes professions regulated through voluntary membership of a professional body, including chartered professional bodies.

Section 24 - access to professions on grounds of qualifications or experience – sets out that when a professional qualified in one part of the UK is automatically treated as qualified in respect of that profession in another part of the UK (the automatic recognition principle). This section also explains the situations where the automatic recognition principle does not apply. Subsection (3) excludes provisions relating to ongoing professional requirements, such as continuous professional development (CPD), from the automatic recognition principle. This means that UK residents will still need to comply with such requirements when working in another part of the UK.

Section 28 of the Act introduces the principle of equal treatment. This is separate to the ongoing requirements to practice for professionals whose qualifications or experience are already recognised and are currently practising a profession in a part of the UK which was regulated in law from 31 December 2020. Ongoing requirements to practice include continuing professional development.

The agriculture sector includes a number of professions such as veterinary surgeons as well as others that are regulated by chartered professional bodies and professional bodies (including AHDB). Some of these have been in existence for many years.

It is not intended that the CPD system would replace the CPD schemes run by professions with a basis in legislation (such as veterinary surgeons) or those of chartered professional bodies (such as Chartered Institute of Ecology and Environmental Management (CIEEM). If a farmer is also a consultant, and is for example a member of CIEEM, he would be required to undertake his CPD activities that would be required for that professional body as well as any that are compulsory and required through the CPD system for which this BRIA is the subject.

We will look to see where there are other CPD systems in Scottish agriculture and how requirements of our CPD system dovetail, duplicate or are different to them.

International Trade Implications

• does this measure have the potential to affect imports or exports of a specific good or service, or groups of goods or services? No.
• does this measure have the potential to affect trade flows with one or more countries? No.
• does it place particular technical requirements upon (imported) goods? No.
• does this measure include different requirements for domestic and foreign businesses?
  • i.e. are imported and locally produced goods/services treated differently and not on a level playing field? No.
  • i.e. are any particular countries disadvantaged compared to others? No.

EU Alignment consideration

• how does the policy affect the Scottish Government’s commitment to maintain and advance the high standards that Scotland shares with the EU?

The Vision for Agriculture states that the Scottish Government where practicable, will stay aligned with new EU measures and policy developments. The CPD system and the wide AKIS in which it is located are seeking to, where practicable, stay aligned.

• does the policy affect access to EU markets for people, goods, and services?

No. The policy does not affect access to EU markets for people, good and services.

• has the policy have any potential implications for EU alignment associated with the United Kingdom Internal Market Act 2020 or Common Framework agreements

No, none have been identified.

Legal Aid

The CPD system would not directly affect any person’s eligibility to claim legal aid under an existing or potential future appeals process. The CPD system is not expected to result in additional people seeking legal assistance or being taken through the courts?

Digital impact

The CPD system (CPD portal and CPD activities) would be expected to make use of digital technologies. In particular, the portal would, as with other CPD systems, be a digital one.

The CPD activities in the system would make use of digital technologies (eg FAS currently has a website which hosts a wide range of channels to provide knowledge and to participate in a range of activities – such as bookings for events, webinars, sign up to newsletters etc). It would also make use of a combination of both digital and non-digital technologies; others would be non-digital.

The CPD system would take into account changing digital technologies and markets. This would help to ensure that the portal and activities are up to date and easy to use.

We are aware of the age profile of the agriculture and crofting sectors and that not all individuals are comfortable working in a digital/online context. The CPD system would seek to ensure that the users who are not able to participate in a digital/online system, would still be able to engage and participate in it.

Business forms

The CPD system would include new forms for individuals and businesses to complete for monitoring or reporting. There would be a test run of these forms with the persons who would be using them to ensure that they are fit for purpose and easy to use. In addition, guidance relating to the CPD system would be made available.