The Common Agricultural Policy Support Schemes (Review of Decisions) Regulations (Northern Ireland) 2010

Made: 21st June 2010

Coming into operation: 14th July 2010

The Department of Agriculture and Rural Development, being a Department designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the common agricultural policy of the European Community and in relation to the promotion of rural development, in exercise of the powers conferred on it by the said section 2(2), hereby makes the following Regulations.

Title and commencement

1

These Regulations may be cited as the Common Agricultural Policy Support Schemes (Review of Decisions) Regulations (Northern Ireland) 2010 and shall come into operation on 14 July 2010.

Interpretation

2

• (1) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

• (2) In these Regulations—

• “application” means an application for a review of a relevant determination made under regulation 4(2) and “applicant” shall be construed accordingly;

• “Department” means the Department of Agriculture and Rural Development;

• “relevant determination” means a determination to which these Regulations apply; and

• “holding” has the meaning given by Article 2(b) of Council Regulation (EC) No. 73/2009[^f00004].

• (3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.

Application

3

These Regulations shall apply in relation to any initial determination made by or on behalf of the Department—

• (a) in connection with any Community instrument listed in the Schedule; or

• (b) in connection with any enactment implementing any Community instrument listed in the Schedule,

which relates to a holding or part of a holding within Northern Ireland.

Review of Determinations

4

• (1) The Department may establish such procedure as it thinks appropriate for the review by it or on its behalf of a relevant determination.

• (2) The procedures established under paragraph (1) shall–

• (a) provide for a review of a relevant determination to be carried out on the application of the person to whom it was directed,

• (b) provide for the manner of making such application; and

• (c) provide for the time within which supporting evidence is to be submitted for the purposes of a review of a relevant determination.

• (3) Any such procedure so established may, in particular, provide for consideration of the initial determination by such persons (not exceeding three) as the Department 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.

• (4) Where the Department establishes any such procedure as is mentioned in paragraph (3), 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 applicant whose application is considered under the procedure so established such fee (not exceeding £100) as the Department may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the review in question.

• (5) Any procedure such as is mentioned in paragraph (3) may provide that, where the Department decides to charge fees under paragraph (4)(b), a review in respect of which a fee is payable shall not proceed unless the application for that review is accompanied by the fee.

• (6) Where, in pursuance of any such procedure as is mentioned in paragraph (3), a relevant determination is—

• (a) amended, altered or modified; or

• (b) revoked or substituted by another determination,

any fee payable by a person under paragraph (4)(b) in respect of the review shall be refunded to that person.

Revocation and Savings

5

• (1) Subject to paragraph (2)–

• (a) the Common Agricultural Policy Support Schemes (Review of Decisions) Regulations (Northern Ireland) 2004,

• (b) regulation 14(4) of the Countryside Management Regulations (Northern Ireland) 2008,

• (c) regulation 13(4) of the Organic Farming Regulations (Northern Ireland) 2008,

• (d) regulation 11(6) of the Countryside Management Regulations (Northern Ireland) 2005,

• (e) regulation 15(5) of the Organic Farming Regulations (Northern Ireland) 2001,

• (f) regulation 3(5) of the Environmentally Sensitive Areas (Enforcement) Regulations (Northern Ireland) 2005, and

• (g) regulation 3(5) of the Environmentally Sensitive Areas (Enforcement) Regulations (Northern Ireland) 2001,

• (h) regulation 4(b) of the Farm Subsidies (Review of Decisions) Regulations (Northern Ireland) 2001

are hereby revoked.

• (2) The Regulations referred to in paragraph (1) continue in operation in relation to–

• (a) a review of a decision,

• (b) a decision to withhold or recover any sums or to demand the payment of an additional sum; or

• (c) any dispute

made or arising before the 1st February 2013 as if these Regulations had not been made.

SCHEDULE — Community Instruments to which these Regulations apply

1

Council Regulation (EC) No 73/2009[^f00006]establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, repealing Regulation (EC) No 1782/2003,

2

Commission Regulation (EC) No 1120/2009[^f00007]laying down detailed rules for the implementation of the Single Payment scheme provided for in Council Regulation (EC) No 73/2009, and repealing Regulation (EC) No 795/2004; and

3

Commission Regulation (EC) No. 1122/2009[^f00008]laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 73/2009.

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 21 June 2010.

A. Elliott — A senior officer of the — A senior officer of the Department of Agriculture and Rural Development — Department

Explanatory note

(This is not part of the Regulations)

EXPLANATORY NOTE

These Regulations enable the Department to establish a procedure for the further consideration of an initial determination in relation to a holding or part of a holding situated in Northern Ireland made under any of the Community instruments listed in the Schedule to the Regulations or any enactment which implements those Community instruments in Northern Ireland.

The procedure under these Regulations will allow for a review of an initial determination directed at any person in respect of the administration of any of the Community instruments listed in the Schedule to these Regulations. The procedure may include consideration by persons appointed by the Department with a view to their making a recommendation as to how the matter should ultimately be determined.

The Regulations confer power to pay remuneration and allowances to any such persons appointed, and to charge a fee in respect of the costs of the procedure.

These Regulations revoke the Common Agricultural Policy Support Schemes (Review of Decisions) Regulations (Northern Ireland) 2004.

Regulation 5 inserts a savings provision in relation to a review of a decision made before the 14th July 2010.

Footnotes

[^f00001]: S.I. 2000/2812 to which there are amendments not relevant to the subject matter of these Regulations; and S.I. 2000/3238

[^f00002]: 1972 c.68

[^f00003]: 1954 c.33 (N.I.)

[^f00004]: O.J. No. L30, 31.01.2009, p.16 as last amended by Commission Regulation (EC) No 992/2009 (OJ No L 278, 23.10.2009, p.7)

Editorial notes

[^key-4ebd63aaf6f8cff1b64d9834b0d89299]: Reg. 1 in operation at 14.7.2010, see reg. 1

[^key-91a86c39a84d2fa6fd27431523c483cf]: Reg. 2 in operation at 14.7.2010, see reg. 1

[^key-db25b2fa267ce91cc5cd5c3be2a1409d]: Reg. 3 in operation at 14.7.2010, see reg. 1

[^key-97ffd99a42f51a1f0d9d7b33cb2610b0]: Reg. 4 in operation at 14.7.2010, see reg. 1

[^key-b99fcd6f6020e33b0e3485f2f5a222c0]: Reg. 4(2) substituted (1.2.2013) by The Common Agricultural Policy Support Schemes (Review of Decisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/457), regs. 1, 4(2)

[^key-cbf18bdd4cd1fee79cf59cc8e64abdcc]: Reg. 5 substituted (1.2.2013) by The Common Agricultural Policy Support Schemes (Review of Decisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/457), regs. 1, 5

• (1) Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, repealing Regulation (EC) No 1782/2003.

• (2) Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the Single Payment scheme providing for in Council Regulation (EC) No 73/2009, and repealing Regulation (EC) No 795/2004; and

• (3) Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 73/2009.

• (4) Article 36(a)(iv) of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

• (5) Article 22 to 24 of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations.