1. These Regulations may be cited as the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 2004 and shall come into force on 1st April 2004.
2. In these Regulations—
“appellant” means a person in respect of whom an initial determination has been made by or on behalf of the Secretary of State in connection with the administration of any of the Schemes listed in the Schedule to these Regulations and who wishes to have that initial determination reconsidered by or on behalf of the Secretary of State;
“relevant date” means the date on which the initial determination was made; and
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs.
3. These Regulations shall apply in relation to appellants whose trading address or, where there is more than one such address, whose principal trading address, was in England at the relevant date.
4.—(1) The Secretary of State may establish a procedure, to be applied at the request of any appellant, for the further consideration on her behalf of an initial determination made in relation to the appellant in respect of the administration of any of the Schemes listed in the Schedule, such procedure operating by way of appeal from the initial determination.
(2) Any such procedure so established may provide for consideration of the initial determination by such persons (not exceeding three) as the Secretary of State 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 by her.
(3) Where the Secretary of State establishes any such procedure as is mentioned in paragraph (2), she 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 she may determine; and
(b)charge any appellant whose appeal is considered under the procedure so established such fee (not exceeding £100) as the Secretary of State may determine in respect of the costs incurred by her by virtue of the operation of that procedure in relation to the appeal in question.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
4th March 2004