(This note is not part of the Regulations)
These Regulations consolidate, with minor amendments, the existing Regulations which provide for a review of certain decisions of the Scottish Ministers in relation to payment of certain agricultural subsidies and other matters and for a right of appeal of such decisions after review to the Scottish Land Court. They have effect in Scots Law in relation to holdings (whether wholly situated in Scotland or partly in Scotland and partly elsewhere in the United Kingdom), which are administered by the Scottish Ministers under the Integrated Administration and Control System Regulations 1993.
Regulation 4 specifies the decisions that may be reviewed and appealed under these Regulations. Regulation 4 has been amended to add:–
a
decisions, under or in accordance with Commission Regulation 2237/2003 (O.J. No. L 339, 24.12.2003, p.52);
b
decisions by the Scottish Ministers under regulations 4, 6, 8 and 12 of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 2003 (S.I. 2003/2261);
c
decisions by the Scottish Ministers to withhold or recover (in whole or in part) payment of less favoured area support under regulation 16 of the Less Favoured Area Support Scheme (Scotland) Regulations 2004 (S.S.I. 2004/70 amended by S.S.I. 2004/128);
d
decisions by the Scottish Ministers under regulation 7(2), 9(5) 10(4), 10(6) or 11(2) of the Less Favoured Area Support Scheme (Scotland) Regulations 2004; and
e
decisions by the Scottish Ministers to withhold or recover (in whole or in part) any payment under the Organic Aid (Scotland) Regulations 2004 in terms of regulation 20 of those Regulations (S.S.I. 2004/143 amended by S.S.I. 2004/174).
Decisions under the Dairy Produce Quotas (Scotland) Regulations 2002 (S.S.I. 2002/110, amended by S.S.I. 2002/228 and S.S.I. 2004/118) have been removed as these are now catered for under the Common Agricultural Policy Non IACS Support Schemes (Appeals) (Scotland) Regulations 2004 (S.S.I. 2004/278.)
The procedure for review is by application made no later than 60 days following the date of the decision to be reviewed (regulation 5).
The review in first instance is a completely internal review and will be conducted by officials on behalf of the Scottish Ministers. Certain powers are given to the Scottish Ministers in relation to such reviews (regulation 6(2)).
Scottish Ministers must, following a review, give their decision in a form specified by regulation 7.
Where an applicant is dissatisfied by such a decision insofar that it does not completely comply with the remedy which is sought in the application, the applicant may apply to the Scottish Ministers to have their decision reviewed by persons appointed by them (regulation 8(1)) and a fee of £100 is payable in respect of such an application (regulation 8(4)).
The Scottish Ministers may appoint such persons as they consider appropriate to conduct this stage of review, including a member of their staff for this purpose (regulation 9(1)).
Persons appointed under regulation 9 must review the decision of the Scottish Ministers and have certain powers to consider additional information and to invite representations from the applicant and the Scottish Ministers (regulation 9(2)).
Following their review of the decision the persons appointed by the Scottish Ministers must report their findings in fact and law and any recommendations which they wish to make to the Scottish Ministers (regulation 9(3)).
The Scottish Ministers then require to make a decision having regard to the findings and recommendations reported to them by the persons appointed (regulation 9(4) and (5)).
The Scottish Ministers require to give their decision in writing and to give full details of the facts and reasons for their decision (regulation 9(6)).
Where the Scottish Ministers decide that an applicant has been successful in whole or in part in the review they must refund the fee of £100 (regulation 9(7)).
The Scottish Ministers may make payments to persons appointed by them under regulation 9 (regulation 9(8)).
Decisions and the existence of the right of appeal must be notified in accordance with regulation 10.
Where an applicant is dissatisfied with a decision following review under regulation 9 that person may appeal against that decision on any issue of fact or law to the Scottish Land Court in accordance with the terms of regulation 11.
Regulation 12 sets out certain aspects of the internal procedures of the Scottish Land Court. Regulation 12(3) sets out the orders which may be made by the Scottish Land Court following consideration of the appeal. It may confirm the decision of the Scottish Ministers or amend or alter the decision which has been appealed or substitute that decision with one of its own. Regulation 13 requires reimbursement of the fee required by regulation 8(4) in the event that the appeal to the Scottish Land Court is successful.
Regulation 14 and the Schedule make minor consequential amendments and revoke the provisions consolidated within these Regulations.