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The Agricultural Subsidies (Appeals) (Wales) Regulations 2001

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Stage 3 – Appeals to appointed persons

12.—(1) When an application is made under regulation 11, the National Assembly shall appoint such persons as it considers appropriate to review the decision and provide those persons with a copy of —

(a)the application;

(b)the decision under regulation 10 above; and

(c)any document or note of evidence produced or taken in relation to an earlier review.

(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 National Assembly (whether or not that document or evidence was available at the time of taking the decision under regulation 10 above);

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

(c)give the applicant and the National Assembly an opportunity to give evidence and to make written or oral representations depending on the form of appeal requested by the applicant and for which the appropriate fee has been paid.

(3) Following their review of the matter the persons appointed shall report to the National Assembly —

(a)their findings of fact on the matter; and

(b)their recommendations as to the determination of the application having regard to the law applicable to the facts.

(4) Having considered the matters reported to them under paragraph (3) above the National Assembly may —

(a)confirm its decision;

(b)amend or alter its decision in any respect which it considers appropriate; or

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

(5) In coming to its decision in accordance with paragraph (4) above the National Assembly must have regard to the findings and recommendations reported to it by the persons appointed under this regulation but is not bound to follow all or any part of such recommendations.

(6) The National Assembly must give its decision under this regulation in writing and when it does not adopt the recommendations reported to it shall set out —

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

(b)the reasons for the decision;

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

(d)the effect of its decisions on the payment or non payment of subsidy.

(7) If the National Assembly decides in accordance with paragraph (4)(b) or (c) above, the fee referred to in regulation 11(3) above must be refunded to the applicant.

(8) The National Assembly may make such payment, by way of fee or reimbursement of expenses, to any person appointed under paragraph (1) above, as appears to it to be appropriate.

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