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The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004

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Power of persons appointed

8.—(1) Where an application is made under regulation 7 above, the Scottish Ministers shall appoint such persons (who may include a member of the staff of the Scottish Ministers) as they consider appropriate to review the decision and the Scottish Ministers shall provide those persons with a copy of–

(a)the application;

(b)the decision under regulation 6 above; and

(c)any document or note of evidence produced or taken in relation to a review under regulation 6 above.

(2) The persons appointed under this regulation shall review the decision and may–

(a)consider any document or other evidence produced by the applicant or the Scottish Ministers (whether or not that document or evidence was available at the time of taking the decision under regulation 6 above);

(b)invite the applicant and the Scottish Ministers to provide such further information relevant to the review as the persons appointed consider appropriate; and

(c)at the applicant’s request, invite the applicant and the Scottish Ministers to give evidence and to make representations, to the persons appointed under this regulation, in person or through a representative.

(3) Following their review of the matter the persons appointed shall report–

(a)their findings in fact and law on the matter; and

(b)their recommendations as to the determination of the application, to the Scottish Ministers.

(4) Having considered the matters reported to them under paragraph (3) above, the Scottish Ministers may–

(a)confirm their decision;

(b)amend or alter their decision in any respect which they consider appropriate; or

(c)revoke their decision in its entirety and substitute a new decision.

(5) In coming to their decision in accordance with paragraph (4) above, the Scottish Ministers must have regard to the findings and recommendations reported to them by the persons appointed under this regulation but are not bound to follow all or any part of such findings or recommendations.

(6) The Scottish Ministers must give their decision under this regulation in writing and where they do not adopt the findings and recommendations reported to them shall set out–

(a)the relevant facts upon which their decision is based;

(b)the reasons for their decision;

(c)their reasons for not following in whole or in part the findings or recommendations of the persons appointed; and

(d)the effect of their decision on the payment or non-payment of subsidy.

(7) Where the Scottish Ministers decide in accordance with paragraph (4)(b) or (c) above, the fee referred to in regulation 7(3) above must be refunded to the applicant.

(8) The Scottish Ministers may make such payment, by way of fee or reimbursement of expenses, to any of such persons appointed under paragraph (1) above, as appears to them to be appropriate.

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