Title and commencementE+W
1. These Regulations may be cited as the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004 and shall come into force on 1st April 2004.
InterpretationE+W
2. In these Regulations —
“appellant” (“apelydd”) means a person in respect of whom an initial determination has been made by or on behalf of the National Assembly 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 National Assembly;
“relevant date” (“dyddiad perthnasol”) means the date on which the initial determination was made; and
“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales.
ApplicationE+W
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 Wales at the relevant date.
Provision of appeals procedureE+W
4.—(1) The National Assembly may establish a procedure, to be applied at the request of any appellant, for the further consideration on its 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 National Assembly 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 the National Assembly.
(3) When the National Assembly establishes any such procedure as is mentioned in paragraph (2), it 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 it may determine; and
(b)charge any appellant whose appeal is considered under the procedure so established such fee (not exceeding £100) as the National Assembly may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the appeal in question.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 M1
John Marek
The Deputy Presiding Officer of the National Assembly
9th March 2004
Marginal Citations