The Agricultural Subsidies (Appeals) (Scotland) Regulations 2000

Prospective

Explanatory Note

(This note is not part of the Regulations)

These Regulations have affect 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 by the Scottish Ministers under the Integrated Administration and Control System Regulations 1993. They introduce for the first time legal rights to seek a review of the certain decisions of the Scottish Ministers in relation to payment of certain agricultural subsidies and to appeal such decisions after review to the Scottish Land Court.

The kind of decisions which can be reviewed and appealed are set out in regulation 4. They are decisions to refuse reduce or recover in whole or in part payments under an IACS Scheme (as defined in regulation 2(1)) or under certain provisions of the Hill Livestock (Compensatory Allowances) (Scotland) Regulations 1999.

Procedure for review is by application made no later than 60 days following the date of the decision to be reviewed (regulation 5).

The review in first instance will be conducted by the Scottish Ministers or their officials. Certain powers are given to the Scottish Ministers in relation to such reviews (regulation 6(2)).

Scottish Ministers must following a review give their decision in a form specified by regulation 7.

Where an applicant review is dissatisfied by such a decision insofar that it does not completely comply with the remedy which he sought in his application, the applicant may apply to the Scottish Ministers to have their decision reviewed by persons appointed by (regulation 8(1)).

A fee of £100 is payable in respect of such an application (regulation 8(3)).

Scottish Ministers may appoint such persons as they consider appropriate to conduct this stage of review. In particular the Scottish Ministers may appoint a member of their staff for this purpose (regulation 9(1)).

Persons appointed under regulation 9 must review the decision of the Scottish Ministers and have certain power to consider additional information or to invite representation from the applicant and the Scottish Ministers (regulation 9(2)).

Following their review of the decision the persons appointed by the Scottish Ministers must report their findings in fact and law and any recommendations which they wish to make to the Scottish Ministers (regulation 9(3)).

The Scottish Ministers then require to make a decision having regard to the findings and recommendations reported to them by the persons appointed (regulation 9(4) and (5)).

The Scottish Ministers require to give their decision in writing and to give full details of the facts and reasons for their decision (regulation 9(6)).

Where the Scottish Ministers decide that an applicant has been successful in whole or in part in the review they must refund the fee of £100 (regulation 9(7)).

The Scottish Ministers may make payments to persons appointed by them under regulation 9 (regulation 9(8)).

Decisions must be notified in accordance with regulation 10.

Where an applicant is dissatisfied with a decision following review under regulation 9 that person may appeal against that decision on any issue of fact or law to Scottish Land Court in accordance with the terms of regulation 11.

Regulation 12 sets out certain aspects of the internal procedures of the Scottish Land Court.

Regulation 13 requires reimbursement of the fee required by regulation 8(3) in the event that the appeal to the Scottish Land Court is successful.

In particular regulation 12(3) sets out the orders which may be made by the Scottish Land Court following consideration of the appeal. They may confirm the decision of the Scottish Ministers or amend or alter the decision which has been appealed or substitute that decision with one of their own.