The Agriculture (Financial Assistance) Regulations 2021

Part 9 Reconsideration of decisions or determinations and appeals

Reconsideration of a decision or determination

30.—(1) A person may submit a request in writing to the Secretary of State for a reconsideration of a decision or determination notified to that person under regulation 6(2)(b), 11(3)(b) or 26(b).

(2) A request under this regulation must be received by the Secretary of State within 60 days of the decision or determination being notified to that person.

(3) When reconsidering the original decision or determination, the Secretary of State must give due regard to any additional information or evidence provided by the person making a request under paragraph (1).

(4) When the original decision or determination has been reconsidered, the Secretary of State must—

(a) decide whether to uphold that decision or determination or substitute a new one;

(b) give notice in writing to that person, within a reasonable period, setting out—

(i) the Secretary of State’s decision;

(ii) any new decision or determination under regulation 6(1), 11(2) or 23, as the case may be; and

(iii) the reasons for that decision or determination; and

(c) inform that person of the right to appeal under regulation 31.

Appeals

31.—(1) A person (“the appellant”) may appeal in writing to the Secretary of State against a decision made under regulation 30 on any of the following grounds—

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

(b) the decision was wrong in law;

(c) there has been a material procedural error.

(2) An appeal under this regulation must be received by the Secretary of State within 60 days of the decision being notified to the appellant.

(3) The Secretary of State must appoint a person or persons, up to a maximum of three (“the appointed person”) to consider appeals under this regulation.

(4) The appointed person, upon considering an appeal under this regulation, must report in writing to the Secretary of State with conclusions on the appeal and a recommendation as to the manner in which the matter should be finally determined by the Secretary of State.

(5) Following receipt of a report under paragraph (4), the Secretary of State must make a final determination.

(6) When the Secretary of State makes a final determination under paragraph (5), the Secretary of State must give notice in writing to the appellant, within a reasonable period, setting out—

(a) the final determination, including any new decision or determination under regulation 6(1), 11(2) or 23, as the case may be; and

(b) the reasons for that final determination.