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The Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006

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Title, commencement and applicationE+W

1.—(1) The title of these Regulations is the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 and they come into force on 1 January 2007.

(2) These Regulations apply in relation to Wales.

InterpretationE+W

2.—(1) In these Regulations —

[F1EU legislation]” (“y ddeddfwriaeth Gymunedol”) means those instruments listed in the Schedule;

the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales; and

a relevant determination” (“penderfyniad perthnasol”) means any determination of the National Assembly in respect of financial assistance and claims for financial assistance pursuant to, or in connection with, the [F1EU legislation], and the legislation cited in regulation 4 (a) to (m) of these Regulations.

[F2(2) Any reference in these Regulations to [F3an EU instrument] is a reference to that instrument as amended from time to time.]

Provision of appeals procedureE+W

3.—(1) The National Assembly may establish one or more procedures for the further consideration on its behalf of a relevant determination, such procedure or procedures operating by way of appeal from the relevant determination in question.

(2) Any procedure established pursuant to paragraph (1) may impose such deadlines as the National Assembly requires for the purposes of requiring a farmer to submit to it applicable information and documentation and notice of his or her intention to appeal against a relevant determination.

(3) Any procedure established under paragraph (1) may provide for an oral or written appeal to such persons (not exceeding three) as the National Assembly may appoint for that purpose, with a view to such persons making a report of their conclusions and making recommendations to the National Assembly as to the manner in which it determines the appeal.

(4) When the National Assembly establishes any such procedure as is mentioned in paragraph (3), it may—

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

(b)charge any person whose appeal is considered under a procedure so established such fee (not exceeding £100) as the National Assembly may determine.

AmendmentsE+W

4.—(1) The following provisions are deleted—

(a)Article 5(b) of the Environmentally Sensitive Areas (Cambrian Mountains — Extension) Designation Order 1987 M1;

(b)Article 5(b) of the Environmentally Sensitive Areas (Preseli) Designation Order 1994 M2;

(c)Article 5(b) of the Environmentally Sensitive Areas (Clwydian Range) Designation Order 1994 M3;

(d)Article 5(b) of the Environmentally Sensitive Areas (Radnor) Designation Order 1993 M4;

(e)Article 5(b) of the Environmentally Sensitive Areas (Ynys Môn) Designation Order 1993 M5;

(f)Article 5(b) of the Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987 M6;

(g)Regulation 10(5) of the Habitat (Broadleaved Woodland) (Wales) Regulations 1994 M7;

(h)Regulation 10(5) of the Habitat (Coastal Belt) (Wales) Regulations 1994 M8;

(i)Regulation 10(5) of the Habitat (Species-Rich Grassland) (Wales) Regulations 1994 M9;

(j)Regulation 10(5) of the Habitat (Water Fringe) (Wales) Regulations 1994 M10;

(k)Paragraph 14(6) of the Farm Woodland Premium Scheme 1997 M11;

(l)Paragraph 14(3) of the Farm Woodland Scheme 1988 M12;

(m)Paragraph 14(3) of the Farm Woodland Scheme 1992 M13;

(n)The words “Tir Mynydd Scheme” in the Schedule to the Agricultural Subsidies (Appeals) (Wales) Regulations 2001 M140).

Marginal Citations

M1S.I 1987/2026.

M2S.I 1994/239.

M3S.I 1994/238.

M4S.I 1993/1211.

M5S.I 1993/1210.

M6S.I 1987/2027.

M7S.I 1994/3099.

M8S.I 1994/3101.

M9S.I 1994/3102.

M10S.I 1994/3100.

M11S.I 1997/829.

M12S.I 1988/1291.

M13S.I 1992/905.

M14S.I 2001/2537 (W.212)

RevocationsE+W

5.  The Single Payment Scheme and Miscellaneous Direct Support Schemes (Appeals) (Wales) Regulations 2004 M15) are revoked.

Marginal Citations

M15S.I 2004/2919 (W.258).

M16Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

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