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The Agriculture (Lump Sum Payment) (England) Regulations 2022

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This is the original version (as it was originally made).

PART 4Appeals

Appeals

14.—(1) An applicant (“the appellant”) may appeal in writing to the Secretary of State against a decision made under regulation 11, or any other decision made by the Secretary of State under these Regulations, 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 submitted to the Secretary of State before the end of the period of 60 days beginning with the date on which the decision was notified to the appellant.

(3) The Secretary of State must appoint between one and three persons (“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 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; and

(b)the reasons for that final determination.

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