The Agricultural Subsidies (Appeals) (Wales) Regulations 2001

Explanatory Note

(This note does not form part of the Regulations)

These Regulations have effect in relation to holdings (whether wholly situated in Wales or partly in Wales and partly elsewhere in the United Kingdom), which are administered by the National Assembly for the purposes of the Integrated Administration and Control System Regulations 1993. They introduce for the first time legal rights to seek a review of certain decisions of the National Assembly in relation to certain agricultural subsidies and quotas and to appeal such decisions after review. They apply from the IACS year 2001 and also to Tir Mynydd payments made in 2001.

The kinds of decisions which can be reviewed and appealed are set out in regulation 4. They are decisions to refuse, reduce or recover in whole or in part payments under the schemes specified in the Schedule and decisions in relation to livestock quotas for common agricultural policy purposes.

The procedure for review is by application made no later than 30 days following the date of the letter informing the applicant of the decision to be reviewed (regulation 5).

Stage 1

The review in first instance will be conducted by the head of the National Assembly Divisional Office where the initial decision was made. Certain powers are given in relation to such reviews, and following a review the decision must be given in a specified form. (regulations 5-7).

Stage 2

An applicant who is not satisfied with the outcome of the review by the head of the Divisional Office may apply for a further review by the Agricultural Subsidies Appeals Unit of the National Assembly. The process is similar to that at Stage 1 and is set out in regulations 8-10.

Stage 3

An applicant who is still dissatisfied may apply to the National Assembly to have the decision reviewed by a panel of persons appointed by the National Assembly (regulation 11(1)).

A fee of £100 is payable in respect of such an application to be heard orally, and £50 if the application is to be considered on paper only (regulation 11(3)).

The National Assembly may appoint persons to conduct this stage of the review (regulation 12(1)).

Persons appointed under regulation 12 must review the decision of the Agricultural Subsidies Appeals Unit and have power to consider additional information or to invite representations from the applicant and the National Assembly (regulation 12(2)).

Following their review of the decision the persons appointed by the National Assembly must report their findings of fact and recommendations to the National Assembly (regulation 12(3)).

The National Assembly is required to make a decision having regard to the findings and recommendations reported to it by the persons appointed (regulation 12(4) and (5)).

The National Assembly is required to give its decision in writing and to give full details of the facts and reasons for the decision (regulation 12(6)).

When the National Assembly decides that an applicant has been successful in whole or in part in the review it must refund the fee paid (regulation 12(7)).

The National Assembly may make payments to persons appointed by it under regulation 12(1) (regulation 12(8)).

Decisions must be notified in accordance with regulation 13.