Non-IACS Farm Support (Review of Decisions) Regulations (Northern Ireland) 2004

Citation and commencement

1.  These Regulations may be cited as the Non-IACS Farm Support (Review of Decisions) Regulations (Northern Ireland) 2004 and shall come into operation on 1st April 2004.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) 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.

Application

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

(a) in connection with the administration of any Scheme listed in the Schedule;

(b) relating to any person whose trading address or, where there is more than one such address, whose principal trading address was in Northern Ireland at the date of the determination.

Review of Determinations

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; and

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

(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 £100) 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 decision is –

(a) amended, altered or modified; or

(b) revoked or substituted by another decision,

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 30th March 2004.

L.S.

R. Jordan

A senior officer of the

Department of Agriculture and Rural Development