The Rural Payments (Appeals) (Scotland) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for a review of certain decisions of the Scottish Ministers in relation to payment of certain agricultural subsidies and other rural payments. After review a right of appeal of such decisions is provided for to the Scottish Land Court. Decisions by the Scottish Ministers contained within paragraphs 1 to 13 of the Schedule apply in relation to holdings administered under the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005. 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 in accordance with the IACS scheme.

The Schedule specifies that relevant decisions of Scottish Ministers may be subject to a review under these Regulations. Where dissatisfied with the decision on review an applicant may appeal that decision to the Scottish Land Court.

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

The review must include an opportunity for the applicant to be heard on any matter relevant to the application at a review meeting (regulation 6(2)). The review meeting must be held within 60 days of receipt of the application (regulation 6(2)) and Scottish Ministers must intimate the date of the review meeting to the applicant in writing (regulation 6(3)). Representations made at a review meeting may be made by the applicant or his representative (regulation 6(4)). The review meeting can also be held by means of telephone or video conference (regulation 6(5)).

Scottish Ministers must, following a review, give their decision in the form of a written report (regulation 7(2)). The written report must be sent by recorded delivery post within the time period outlined in regulation 7(4).

If the applicant chooses to appeal a decision this must be lodged within 30 days of the applicant receiving the written report (regulation 8(2)). Such an appeal to the Scottish Land Court must be accompanied by the decision letter, application for review and the written report (regulation 8(7)).

Where Scottish Ministers have not sent a written report within the prescribed time period the applicant may appeal against the relevant decision (regulation 8(3)). Such an appeal must be accompanied by the decision letter, the application for review and evidence of the date of the review meeting (regulation 8(8).

Regulation 9 sets out the types of orders which the Scottish Land Court may make during an appeal and following consideration of an appeal. A determination on a question of law may be appealed to the Court of Session (regulation 9(4)).

Regulation 10 provides that the Scottish Land Court may have regard to the conduct of a party during the review process as a whole when considering an award of expenses.

Regulation 11 provides for the application of the Regulations, necessary saving and consequential amendments and revokes the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004 and the Agricultural Subsidies (Appeals) (Scotland) Amendment Regulations 2005.