The Rural Payments (Appeals) (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Rural Payments (Appeals)(Scotland) Regulations 2009 (“the 2009 Regulations”) which provide for a right of review and appeal in relation to certain decisions of the Scottish Ministers (a “relevant decision” as listed in the Schedule to the 2009 Regulations). Those include decisions made for the purposes of various EU instruments which implement the Common Agricultural Policy, and in relation to holdings administered by the Scottish Ministers under the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005 or the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 (“the IACS Regulations”), which may be partly situated elsewhere in the UK.

Regulation 6 amends the Schedule to the 2009 Regulations to update the list of EU instruments which can give rise to a relevant decision. In consequence, regulation 3(a) to (g) amends regulation 2(1) of the 2009 Regulations to update and include definitions of the relevant EU instruments.

Regulation 4 substitutes a new regulation 3 of the 2009 Regulations, which specifies what constitutes a relevant decision for the purpose of the IACS Regulations. Regulations 3(h) to (l) and 5 make consequential amendments to regulations 2(1) and 5 of the 2009 Regulations.

No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.