The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

PART 5 U.K. APPEALS

Modifications etc. (not altering text)

C1 Pt. 5 modified (31.12.2023) by The Direct Payments to Farmers (Reconsideration and Appeal) (Modification) (England) Regulations 2023 (S.I. 2023/1181), regs. 1(1), 3 (with reg. 4)

Interpretation U.K.

30.  In this Part—

“appellant” means a Pillar 1 appellant or a Pillar 2 appellant;

“appointed person” means a person or persons (not exceeding three) appointed by the Secretary of State in relation to an appeal;

“Pillar 1 appellant” means a farmer in respect of whom or in relation to whose holding, or other person in respect of whom, an initial Pillar 1 decision has been made, who wishes to have that initial decision reconsidered by the Secretary of State;

“Pillar 1 decision” means, in relation to [F1 CMO support] [F2 and direct payments], a decision made by or on behalf of the Secretary of State under any of the following F3 ... instruments—

(a)

the Direct Payments Delegated Regulation,

(b)

the Direct Payments Implementing Regulation,

(c)

the Direct Payments Regulation,

(d)

the Horizontal Delegated Regulation,

(e)

the Horizontal Implementing Regulation,

(f)

the Horizontal Regulation,

(g)

the SCMO Regulations;

“Pillar 2 appellant” means a rural development applicant aggrieved by any initial Pillar 2 decision who wishes to have that initial decision reconsidered by the Secretary of State;

“Pillar 2 decision” means, in relation to [F4 rural development support granted under Title III of the Rural Development Regulation or Title III, Chapter 2 of the Common Provisions Regulation]—

(a)

a decision made by or on behalf of the Secretary of State under any of the following F5 ... instruments—

(i)

the Common Provisions Regulation,

(ii)

the Horizontal Delegated Regulation,

(iii)

the Horizontal Implementing Regulation,

(iv)

the Horizontal Regulation,

(v)

the Rural Development Delegated Regulation,

(vi)

the Rural Development Implementing Regulation,

(vii)

the Rural Development Regulation; or

(b)

a determination made by a delivery body under regulation 14;

“sum in dispute” means, in relation to any decision to make a payment, the sum which represents the difference between the sum the Secretary of State has determined to pay under the decision and the sum which the appellant claims to be due.

Textual Amendments

F1 Words in reg. 30 substituted (31.12.2020) by The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 5(9)(a)(i) (as amended by S.I. 2020/1445, regs. 1(2)(a), 11(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 30 inserted (31.1.2020) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 16(4)(a)(i)

F3 Word in reg. 30 omitted (31.1.2020) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 16(4)(a)(ii); and that same word is expressed to be omitted (31.12.2020) by virtue of The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 5(9)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 30 substituted (31.12.2020) by The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 5(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 30 omitted (31.12.2020) by virtue of The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 5(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Application to Pillar 1 decisions made under the SCMO Regulations U.K.

31.  This Part of these Regulations only applies to an appeal against a Pillar 1 decision made by or on behalf of the Secretary of State under any of the SCMO Regulations if the Pillar 1 appellant's trading address or, where there is more than one such address, principal trading address, was in England on the date of the decision.

Appeals U.K.

32.—(1) A Pillar 1 appellant may appeal in writing to the Secretary of State against a Pillar 1 decision.

(2) A Pillar 2 appellant may appeal in writing to the Secretary of State against a Pillar 2 decision providing the appeal—

(a) is on the grounds that—

(i) the decision was based on an error of fact;

(ii) the decision was wrong in law;

(iii) the delivery body made a procedural error;

(b) sets out the grounds; and

(c) is received within sixty days of notification of the decision.

(3) The appointed person must consider any appeal under this regulation and report in writing to the Secretary of State with the person's conclusions on it and a recommendation as to the manner in which the matter should be finally determined by the Secretary of State.

(4) The Secretary of State may—

(a) pay to the appointed person such reasonable remuneration in respect of that person's functions in this regard, and such travelling and other allowances, as the Secretary of State may determine; and

(b) charge an appellant an appeal fee payable when the appeal is lodged.

(5) For the purposes of paragraph (4)(b), the appeal fee is—

(a) £100 if there is no sum in dispute; or

(b) determined by reference to the sum in dispute in accordance with the applicable level as set out in Schedule 4.

(6) Following receipt of a report pursuant to paragraph (3), the Secretary of State must make a final determination.

(7) The Secretary of State must refund the appeal fee (if any) to the appellant if, as a result of the appeal, the Secretary of State revises the decision that was the subject of the appeal.