Explanatory note

These Regulations provide for a review of certain decisions of the Scottish Ministers in relation to decisions made under any of the Common Agricultural Policy (“CAP”) support schemes listed in the Schedule to the Regulations.

They apply in relation to decisions directed to applicants whose principal trading address was in Scotland at the date of the decision to be reviewed or appealed (regulation 3).

The procedure for review is by application made no later than 6 months from the date of notification of the decision to be reviewed (regulation 4).

The review in the first instance will be conducted by the Scottish Ministers. Certain powers are given to the Scottish Ministers in relation to such reviews (regulation 5(2)).

Scottish Ministers must following a review give their decision in a form specified by regulation 6.

Where an applicant is dissatisfied by such a decision , the applicant may apply to the Scottish Ministers to have their decision further reviewed by persons appointed by them (regulation 7(1)) and a fee of £100 is payable in respect of such an application (regulation 7(3)).

The Scottish Ministers may appoint such persons as they consider appropriate to conduct this second stage review, and may appoint a member of their staff for this purpose (regulation 8(1)).

Persons appointed under regulation 8 must review the decision of the Scottish Ministers and have certain powers to consider additional information and to invite representations from the applicant and the Scottish Ministers (regulation 8(2)).

Following their review of the decision the persons appointed by the Scottish Ministers must report their findings in fact and law and any recommendations which they wish to make to the Scottish Ministers (regulation 8(3)).

The Scottish Ministers then require to make a decision having regard to the findings and recommendations reported to them by the persons appointed (regulation 8(4) and (5)).

The Scottish Ministers require to give their decision in writing and to give full details of the facts and reasons for their decision (regulation 8(6)).

Where the Scottish Ministers decide that an applicant has been successful in whole or in part in the review they must refund the fee of £100 (regulation 8(7)).

The Scottish Ministers may make payments to persons appointed by them under regulation 8 (regulation 8(8)).

Decisions and the existence of the right of appeal must be notified in accordance with regulation 9.

Where an applicant is dissatisfied with a decision following review under regulation 9 that person may appeal against that decision on any issue of fact or law to the Scottish Land Court in accordance with regulation 10.

Regulation 11 sets out certain aspects of the internal procedures of the Scottish Land Court. Regulation 11(4) sets out the orders which may be made by the Scottish Land Court following consideration of the appeal. It may confirm the decision of the Scottish Ministers or amend or alter the decision which has been appealed or substitute that decision with one of its own. Regulation 12 requires reimbursement of the fee required by regulation 7(3) in the event that the appeal to the Scottish Land Court is successful.