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Farm Subsidies (Review of Decisions) Regulations (Northern Ireland) 2001

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Powers of persons appointed

12.—(1) Where an application is made under regulation 11, the Department 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 decisions under regulations 7 and 10; and

(c)any document or note of evidence produced or taken in relation to the earlier reviews by the Department.

(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 Department (whether or not that document or evidence was available at the time of taking the decision under regulation 7 or 10);

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

(c)give the applicant and the Department an opportunity to give evidence and to make representations in person or through a representative.

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

(a)their findings in 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 it under paragraph (3) the Department 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) the Department shall 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 findings or recommendations.

(6) The Department shall give its decision under this regulation as soon as practicable in writing and where it does not adopt the findings and recommendations reported to it shall set out—

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

(b)the reasons for its decision;

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

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

(7) Where the Department decides in accordance with paragraph (4)(b) or (c), the fee referred to in regulation 11(3) shall be refunded to the applicant.

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

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