Search Legislation

The Common Agricultural Policy (Review of Decisions) Regulations (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Common Agricultural Policy (Review of Decisions) Regulations (Northern Ireland) 2015

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Common Agricultural Policy (Review of Decisions) Regulations (Northern Ireland) 2015. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

N.I.

Statutory Rules of Northern Ireland

2015 No. 318

Agriculture

The Common Agricultural Policy (Review of Decisions) Regulations (Northern Ireland) 2015

Made

31st July 2015

Coming into operation

7th August 2015

The Department of Agriculture and Rural Development, being a Department designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the common agricultural policy of the European Community and in relation to the promotion of rural development, in exercise of the powers conferred on it by the said section 2(2), hereby makes the following Regulations.

F1S.I.2000/2812 to which there are amendments not relevant to the subject matter of these Regulations and S.I.2000/3228.

Title and commencementN.I.

1.  These Regulations may be cited as the Common Agricultural Policy (Review of Decisions) Regulations (Northern Ireland) 2015 and shall come into operation on 7th August 2015.

InterpretationN.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 F3 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

application” means an application for a review of a relevant determination made under regulation 4(2) and “applicant” shall be construed accordingly;

Department” means the Department of Agriculture and Rural Development; and

relevant determination” means a determination to which these Regulations apply.

(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.

ApplicationN.I.

3.  These Regulations shall apply in relation to any initial determination made by or on behalf of the Department—

(a)in connection with any Community instrument listed in the Schedule; or

(b)in connection with any statutory provision implementing or supplementing any such Community instrument.

Review of DeterminationsN.I.

4.—(1) The Department may establish such procedure as it thinks appropriate for the review by it or on its behalf of a relevant determination.

(2) The procedures established under paragraph (1) shall—

(a)provide for a review of a relevant determination to be carried out on the application of the person to whom it was directed,

(b)provide for the manner of making any such application; and

(c)provide for the time within which supporting evidence is to be submitted for the purposes of a review of the relevant determination.

(3) Any such procedure so established may, in particular, provide for consideration of the initial determination by such persons (not exceeding three) as the Department may appoint for that purpose, with a view to their making a report of their conclusions in relation to the initial determination and a recommendation as to the manner in which the matter should be finally determined.

(4) Where the Department establishes any such procedure as is mentioned in paragraph (3), it may—

(a)pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as it may determine; and

(b)charge any applicant whose application is considered under the procedure so established such fee (not exceeding [F4£200]) as the Department may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the review in question.

(5) Any procedure such as is mentioned in paragraph (3) may provide that, where the Department decides to charge fees under paragraph (4)(b), a review in respect of which a fee is payable shall not proceed unless the application for that review is accompanied by the fee.

(6) Where, in pursuance of any such procedure as is mentioned in paragraph (3), a relevant determination is—

(a)amended, altered or modified; or

(b)revoked or substituted by another determination,

any fee payable by a person under paragraph (4)(b) in respect of the review shall be refunded to that person.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 21st July 2015.

L.S.

David Small

A senior officer of the

Department of Agriculture and Rural Development

Regulation 3

SCHEDULEN.I.Community Instruments to which these Regulations apply

Regulation (EU) No. 1307/2013 of the European Parliament and of the Council (‘the Direct Payments Regulation’) establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy F5;

F5O.J. No. L 347, 20.12.2013, p.608, as amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (O.J. No. L 347, 20.12.2013, p.865).

Commission Delegated Regulation (EU) No. 639/2014 F6 (‘the Direct Payments Delegated Regulation’) supplementing Regulation (EU) No. 1307/2013;

F6O.J. No. L 181, 20.6.2014, p.1.

Commission Implementing Regulation (EU) No. 641/2014 F7 (‘the Direct Payments Implementing Regulation’) supplementing Regulation (EU) No. 1307/2013;

F7O.J. No. L 181, 20.6.2014, p.74.

Regulation (EU) No. 1306/2013 (‘the Horizontal Regulation’) on the financing, management and monitoring of the common agricultural policy F8;

F8O.J. No. L 347, 20.12.2013, p.549, amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (O.J. No. L 347, 20.12.2013, p.865).

Commission Delegated Regulation (EU) No. 640/2014 F9 (‘the Horizontal Delegated Regulation’) supplementing Regulation (EU) No. 1306/2013;

F9O.J. No. L 181, 20.6.2014, p.48.

Commission Implementing Regulation (EU) No. 809/2014 F10 (‘the Horizontal Implementing Regulation’) supplementing Regulation No. 1306/2013

F10O.J. No. L 227, 31.7.2014, p.69.

Commission Implementing Regulation (EU) No. 908/2014 F11 (‘the Horizontal Finance Implementing Regulation’) supplementing Regulation No. 1306/2013

F11O.J. No. L 227, 31.7.2014, p.69.

Regulation (EU) No. 1305/2013 of the European Parliament and of the Council (‘the Rural Development Regulation’) on support for rural development by the European Agricultural Fund for Rural Development F12;

F12O.J. No. L 347, 20.12.2013, p.487, amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (O.J. No. L 347, 20.12.2013, p.865).

Commission Delegated Regulation (EU) No. 807/2014 F13 (‘the Rural Development Delegated Regulation’) supplementing Regulation (EU) No. 1305/2013;

F13O.J. No. L 227, 31.7.2014, p. 1.

Commission Implementing Regulation (EU) No. 808/2014 F14 (‘the Rural Development Implementing Regulation’) supplementing Regulation (EU) No. 1305/2013;

F14O.J. No. L 227, 31.7.2014, p. 18.

Regulation (EU) No. 1303/2013 of the European Parliament and of the Council (‘the Common Provisions Regulation’) laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc F15.

F15O.J. No. L 347, 20.12.2013, p. 320.

Explanatory Note

(This note is not part of the Order)

These Regulations enable the Department to establish procedures for the review of a relevant determination made by the Department under any of the Community instruments listed in the Schedule to the Regulations, or any statutory provision which implements or supplements those Community instruments in Northern Ireland.

These instruments relate to both direct payments to farmers under support schemes within the framework of the Common Agricultural Policy of the European Union and rural development payments made in pursuance of schemes within the framework of the Northern Ireland Rural Development Programme 2014-2020.

The procedures to be established under these Regulations may include consideration by persons appointed by the Department with a view to their making a recommendation as to how the matter should ultimately be determined.

The Regulations confer power to pay remuneration and allowances to any such persons appointed, and to charge a fee in respect of the costs of the procedures.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources