The Agricultural Subsidies (Appeals) (Scotland) Amendment Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations principally amend the Agricultural Subsidies (Appeals) (Scotland) Regulations (“the principal Regulations”) to add to the list of decisions amenable to review and appeal set out in regulation 4 of the principal Regulations (regulation 2(4)). This is to add certain decisions made under provisions of the Farm Woodland Scheme 1988, the Farm Woodland Premium Scheme 1992, the Farm Woodland Premium Scheme 1997, the Environmentally Sensitive Area Orders (ESA Orders, as defined), the Organic Aid (Scotland) Regulation 1994, the Habitats (Scotland) Regulations 1994, the Heather Moorland (Livestock Extensification) (Scotland) Regulations 1995 and the Countryside Premium Scheme (Scotland) Regulations 1997. Those schemes are all funded (in whole or in part) from European Community Funds.

By virtue of regulation 3 of these Regulations, the decisions which will now be amenable to review and appeal as above (other than in relation to the ESA Orders) will be decisions made on or after 1st January 2001. A necessary consequential amendment to the 60-day appeal period set out in regulation 5(1) of the principal Regulations is also made (regulation 3(2)). The amendments to regulations 3 and 5(2)(b) of the principal Regulations (regulation 2(3) and (5)) are also consequential on the extension of the appeal right.

In relation to the ESA Orders, particular provision is made to ensure the application of the principal Regulations in future by way of review (rather than proceeding by way of arbitration) in the event of disputes and to ensure that the Scottish Ministers issue a decision where they are of the view that there has been a breach of any of the requirements referred to in articles 4 or 4A of the ESA Orders. Before doing so, the Scottish Ministers are obliged to give an opportunity to an affected person to make representations (regulation 4).

Under regulation 5(1), the arbitration provisions in any existing agreement under the ESA Orders shall cease to have effect. This, read with inserted regulation 4(g) of the principal Regulations, will mean that appeals against decisions relating to breaches of articles 4 or 4A of the ESA Orders in relation to existing agreements will go through the new appeal mechanism rather than through arbitration. Regulation 5(2) to (6) of these Regulations make further provision in that regard of a transitional nature.

These Regulations in addition–

(a) update references to community legislation (regulation 2(2)(a) and (b));

(b) require the Scottish Ministers to advise the applicant seeking review of the existence of the right of review provided by regulation 8 of the principal Regulations and similarly require intimation of the existence of an appeal right under regulation 11 of the principal Regulations (regulation 2(6) and (7)); and

(c) make minor corrective textual amendments in regulation 12 dealing with appeals to the Scottish Land Court (regulation 2(8)).