The Rural Payments (Appeals) (Scotland) Regulations 2009 (revoked)

Regulation 2(1) and 3

SCHEDULE S Relevant Decisions

1.  A decision by the Scottish Ministers under or in accordance with Commission Regulation 2419/2001 (including anything done in accordance with Article 47(2) of that Regulation) to refuse, reduce or recover (in whole or in part) payment under an IACS Scheme for any IACS year. S

2.  A decision by the Scottish Ministers under or in accordance with Commission Regulation 2237/2003 to postpone, refuse, reduce or recover (in whole or in part) payment under an IACS Scheme for any IACS year. S

3.  A decision by the Scottish Ministers under or in accordance with Council Regulation 1782/2003, Council Regulation 73/2009 of Commission Regulation 795/2004 or Commission Regulation 796/2004 to refuse, reduce or recover (in whole or in part) any payment under an IACS scheme for any IACS year insofar as the grounds of appeal have not already formed part of grounds of appeal under any of paragraphs (4) to (10) below. S

4.  A decision by the Scottish Ministers under Article 12 of Commission Regulation 795/2004 in accordance with Title III of Council Regulation 1782/2003 to refuse, reduce or withdraw (in whole or in part) any payment entitlement (including any set-aside or special entitlement). S

5.  A decision by the Scottish Ministers under Article 40 of Council Regulation 1782/2003 to refuse (in whole or in part) a request to have an applicant's reference amount calculated on the basis that the applicant's production was adversely affected by force majeure or exceptional circumstances or agri-environment commitments. S

6.  A decision by the Scottish Ministers under or in accordance with Article 42 of Council Regulation 1782/2003 to refuse or withdraw entirely any national reserve entitlement in relation to an application. S

7.  A decision by the Scottish Ministers under or in accordance with Council Regulation 1782/2003, Commission Regulation 795/2004, Commission Regulation 796/2004 or Council Regulation 73/2009 to refuse, reduce or withdraw (in whole or in part) any other payment entitlement. S

8.  A decision by the Scottish Ministers under or in accordance with Council Regulation 1782/2003, Commission Regulation 795/2004 or Council Regulation 73/2009 to refuse the transfer (in whole or in part) of any payment entitlement. S

9.  A decision by the Scottish Ministers under or in accordance with [F1 the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011] in relation to a holding M1 . S

Textual Amendments

F1 Words in sch. para. 9 substituted (1.1.2012) by The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011 (S.S.I. 2011/415), regs. 1, 11

Marginal Citations

M1 S.S.I. 2004/518 as amended by S.S.I. 2005/143 and 2007/99.

10.  Any decision by the Scottish Ministers under or in accordance with Council Regulation 1782/2003, Commission Regulation 795/2004, Commission Regulation 796/2004, Commission Regulation 2237/2003 or Council Regulation 73/2009 in respect of part of a holding outwith Scotland or legislation implementing any of those instruments in any other part of the United Kingdom. S

11.  A decision by the Scottish Ministers under regulation 13 of the Less Favoured Area Support Scheme (Scotland) Regulations 2001 M2 or under regulation 15 of the Less Favoured Area Support Scheme (Scotland) Regulations 2002 M3 or under regulation 17 of the Less Favoured Area Support Scheme (Scotland) Regulations 2003 M4 or under regulation 16 of the Less Favoured Area Support Scheme (Scotland) Regulations 2004 M5 or under regulation 16 of the Less Favoured Area Support Scheme (Scotland) Regulations 2005 M6 to withhold or recover (in whole or in part) payment of less favoured area support. S

Marginal Citations

M2 S.S.I. 2001/50 partially revoked subject to savings by S.S.I. 2002/139.

M3 S.S.I. 2002/139 partially revoked subject to savings by S.S.I. 2003/129 and S.S.I. 2004/381.

M4 S.S.I. 2003/129 partially revoked subject to savings by S.S.I. 2004/70 and 381.

M5 S.S.I. 2004/70 partially revoked subject to savings by S.S.I. 2005/569 and remaining provisions amended by S.S.I. 2005/64 and 2004/128, 381.

M6 S.S.I. 2005/569 partially revoked subject to savings by S.S.I. 2007/439.

12.  A decision by the Scottish Ministers under regulations 9(9)(c), (10) or (12), 10(4), 11(2) or 13(3) to (6) of the Less Favoured Area Support Scheme (Scotland) Regulations 2003 M7 . S

Marginal Citations

M7 S.S.I. 2003/129 partially revoked subject to savings by S.S.I. 2004/70.

[F2 13.   A decision of the Scottish Ministers under regulation 4(1)(b), 5, 7(1), 9(4)(b), 10(7), 11(4) or 16 of the Less Favoured Area Support Scheme (Scotland) Regulations 2007.] S

Textual Amendments

F2 Sch. paras. 13, 13A substituted for sch. para. 13 (2.7.2010) by The Less Favoured Area Support Scheme (Scotland) Regulations 2010 (S.S.I. 2010/273), regs. 1(1), 25

[F2 13A.   A decision by the Scottish Ministers under regulation 3(1)(b), 3(2), 3(3), 4, 5(3), 9(4)(a), 9(7), 10(3) or 15 of the Less Favoured Area Support Scheme (Scotland) Regulations 2010.] S

Textual Amendments

F2 Sch. paras. 13, 13A substituted for sch. para. 13 (2.7.2010) by The Less Favoured Area Support Scheme (Scotland) Regulations 2010 (S.S.I. 2010/273), regs. 1(1), 25

14.  A decision by the Scottish Ministers to postpone, reduce or withhold (in whole or in part) any payment of grant under, or recover (in whole or in part) any payment under or terminate participation in, the Farm Woodland Scheme 1988 M8 , in terms of paragraph 14 of that Scheme. S

Marginal Citations

M8 S.S.I. 1988/129 amended by S.I. 1991/1631, 1992/905 and 1997/828.

15.  A decision by the Scottish Ministers to postpone, reduce or withhold (in whole or in part) any payment of grant under, or recover (in whole or in part) any payment under or terminate participation in, the Farm Woodland Premium Scheme 1992 M9 , in terms of paragraph 14 of that Scheme. S

Marginal Citations

M9 S.I. 1992/905 amended by S.I. 1997/829, S.S.I. 2003/209, S.I. 2005/4743 and S.S.I. 2007/146.

16.  A decision by the Scottish Ministers to postpone, reduce or withhold (in whole or in part) any payment of grant under, or recover (in whole or in part) any payment under or terminate participation in, the Farm Woodland Premium Scheme 1997 M10 , in terms of paragraph 14 of that Scheme. S

Marginal Citations

M10 S.I. 1997/828 amended by S.S.I. 2000/290, 2003/209 and 2007/146 and S.I. 2005/4743.

17.  A decision by the Scottish Ministers made under article 5D of any one of the ESA Orders that there has been a breach of any of the requirements of article 4 or 4A of the ESA Order to which that decision relates M11 . S

Marginal Citations

M11 Article 4A was inserted into each of the ESA Orders by S.I. 1994/3067, article 5A was inserted by S.I. 1996/3082 and article 5D was inserted by S.S.I. 2001/226.

18.  A decision by the Scottish Ministers to withhold (in whole or in part), or require the making of, payment under article 5(a) or under article 5A of one of the ESA Orders M12 . S

Marginal Citations

M12 Article 5A was inserted into each of the ESA Orders by S.S.I. 1996/3082.

19.  A decision by the Scottish Ministers under the Organic Aid (Scotland) Regulations 1994 M13 , in terms of regulation 12 of those Regulations to withhold (in whole or in part) any grant due or recover (in whole or in part) any grant paid or require payment of a sum imposed by way of penalty. S

Marginal Citations

M13 S.I. 1994/1701 amended by S.I. 1996/3083 and S.S.I. 1999/107 and 2004/143.

20.  A decision by the Scottish Ministers under the Organic Aid (Scotland) Regulations 2004 M14 to withhold or recover (in whole or in part) any payment in terms of regulation 20 of those Regulations. S

Marginal Citations

M14 S.S.I. 2004/143, amended by S.S.I. 2004/174 and 381, 2005/117 and 619.

21.  A decision by the Scottish Ministers under the Habitats (Scotland) Regulations 1994 M15 to withhold (in whole or in part) any grant due or recover (in whole or in part) any grant paid or require payment of a sum imposed by way of penalty in terms of regulation 12 of those Regulations. S

Marginal Citations

M15 S.I. 1994/2710 amended by S.I. 1996/3035.

22.  A decision by the Scottish Ministers under the Countryside Premium Scheme (Scotland) Regulations 1997 M16 to withhold (in whole or in part) any grant due or recover (in whole or in part) any grant paid or require payment of a sum in terms of regulation 12 of those Regulations. S

Marginal Citations

M16 S.I. 1997/330 amended by S.S.I. 2004/113.

23.  A decision by the Scottish Ministers under the Rural Stewardship Scheme (Scotland) Regulations 2001 M17 , to withhold (in whole or in part) any aid due or recover (in whole or in part) any aid paid or require payment of a sum in terms of those Regulations. S

Marginal Citations

M17 S.S.I. 2001/300 amended by S.S.I. 2003/177 and 303 and 2004/109.

24.  A decision by the Scottish Ministers to postpone, reduce or withhold (in whole or in part) any payment of grant under, or recover (in whole or in part) any payment under or terminate participation in, the SFGS Farmland Premium Scheme 2003 M18 , in terms of paragraph 14 of that Scheme. S

Marginal Citations

M18 S.S.I. 2003/209 as amended by S.S.I. 2007/146.

25.  A decision by the Scottish Ministers under the Land Management Contracts (Menu Scheme) Regulations 2005 M19 , to withhold any aid due or recover any aid paid (in whole or in part) or require payment of any sum in terms of those Regulations. S

Marginal Citations

M19 S.S.I. 2005/225 amended by 2006/213.

26.  A decision by the Scottish Ministers under paragraph 8(2) or 12B of the Crofting Counties Agricultural Grants (Scotland) Scheme 1988 M20 to withhold any grant payable, or to recover any grant paid, made on or after 17th March 2008 in relation to an application being administered on that date under that Scheme. S

Marginal Citations

M20 The 1988 Scheme was amended by the Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 1992 and the Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 1994. Those Schemes were revoked by paragraph 14 of the Crofting Counties Agricultural Grants (Scotland) Scheme 2006 (“the 2006 Scheme”), but the 1988 Scheme, as amended, continues in force, by virtue of paragraph 15 of the 2006 Scheme, for the purpose of administering applications made under the 1988 Scheme before 1st April 2006.

27.  A decision by the Scottish Ministers under paragraph 6(4) or (5), 11A(7) or 13(1) of the Crofting Counties Agricultural Grants (Scotland) Scheme 2006 not to pay a grant, to withhold any grant payable or to recover any grant paid (in whole or in part), or require payment of any sum, made on or after 17th March 2008 in connection with any application made under that Scheme. S

28.  A decision by the Scottish Ministers under the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 M21 , to withhold any aid due or recover any aid paid (in whole or in part) or require payment of any sum in terms of those Regulations. S

Marginal Citations

M21 S.S.I. 2008/100 amended by S.S.I. 2008/233, 2009/1, 233 and 335.

29.  A decision by the Scottish Ministers under the Leader Grants (Scotland) Regulations 2008 M22 to withhold any aid due or recover any aid paid (in whole or in part) or require payment of any sum in terms of those Regulations. S

Marginal Citations

M22 S.S.I. 2008/66.

30.  A decision by the Scottish Ministers under the Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 M23 , to apply a reduction to any payment of aid or to withhold any aid due or recover any aid paid (in whole or in part) or require payment of any sum in terms of those Regulations. S

Marginal Citations

M23 S.S.I. 2008/159 amended by S.S.I. 2009/155.

31.  A decision by the Scottish Ministers under the Land Managers Skills Development Grants (Scotland) Regulations 2008 M24 , to apply a reduction to any payment of grant or to withhold any grant due (in whole or in part) or recover any grant paid (in whole or in part) or require payment of any sum in terms of those Regulations. S

Marginal Citations

M24 S.S.I. 2008/162.

32.  A decision by the Scottish Ministers under the Forestry Challenge Funds (Scotland) Regulations 2008 M25 , to apply a reduction to any payment of grant or to withhold any grant due (in whole or in part) or recover any grant paid (in whole or in part) or require payment of any sum in terms of those Regulations. S

Marginal Citations

M25 S.S.I. 2008/135.

33.  A decision by the Scottish Ministers under the Agricultural Processing, Marketing and Co�??operation Grants (Scotland) Regulations 2008 M26 , to apply a reduction to any payment of grant or to withhold any grant due (in whole or in part) or recover any payment of grant or require payment of any sum in terms of those Regulations. S

Marginal Citations

M26 S.S.I. 2008/64.