{
  "url": "https://openlegislation.uk/direct-payments-to-farmers-reconsideration-and-appeal-modification-england-regulations-2023/note",
  "json_url": "https://openlegislation.uk/direct-payments-to-farmers-reconsideration-and-appeal-modification-england-regulations-2023/note.json",
  "legislation": "uksi/2023/1181",
  "legislation_title": "The Direct Payments to Farmers (Reconsideration and Appeal) (Modification) (England) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/direct-payments-to-farmers-reconsideration-and-appeal-modification-england-regulations-2023",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations are made under the Agriculture Act 2020 (c. 21) in consequence of the introduction of delinked payments under section 12 of that Act in place of direct payments under the Basic Payment Scheme in England. They modify the application of the appeals provisions in Part 5 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (S.I. 2014/3263) (“the principal Regulations”) to Pillar 1 decisions which relate to direct payments so as to introduce a statutory time limit for requesting the reconsideration of, and for bringing appeals against, any such Pillar 1 decisions made by the Secretary of State. These Regulations extend to England and Wales but apply only to Pillar 1 decisions in England which relate to direct payments.\nRegulation 3 modifies Part 5 of the principal Regulations so that regulation 32 of those Regulations (appeals) is required to be read as if paragraph (1) were omitted and as if, after that regulation, there were inserted a new regulation 32A. The purpose of the new regulation 32A is to enable a Pillar 1 appellant, in relation to a Pillar 1 decision which relates to direct payments, to request a reconsideration of that decision within 60 days from the date of notification of that decision by the Secretary of State. Where the Pillar 1 appellant remains dissatisfied with the outcome of that reconsideration, there is a further 60 day period from the date of notification of the outcome of that reconsideration within which the Pillar 1 appellant may appeal to the Secretary of State.\nIf a Pillar 1 decision which relates to direct payments was made by the Secretary of State before 1st January 2024 but has not, before that date, been the subject matter of a non-statutory request for a reconsideration by the Secretary of State or an application for an appeal made to the Secretary of State under regulation 32(1) of the principal Regulations, that decision is treated as if it was made on 1st January 2024 for the purposes of the new time limits. If a Pillar 1 decision which relates to direct payments was, before 1st January 2024, the subject matter of a non-statutory reconsideration by the Secretary of State, that decision is treated, for the purposes of the new time limits, as if it was reconsidered by the Secretary of State following a request made by the Pillar 1 appellant under the new regulation 32A(1)(a) the outcome of which was notified to the Pillar 1 appellant by the Secretary of State on 1st January 2024. If the Secretary of State was, before 1st January 2024, asked to reconsider a Pillar 1 decision which relates to direct payments but the reconsideration did not take place before that date, the Pillar 1 decision concerned is treated as if it falls to be determined by the Secretary of State under new regulation 32A(6) following a request made under new regulation 32A(1)(a).\nParagraphs (3) to (7) of regulation 32 of the principal Regulations are also applied for the purposes of appeals submitted under the new regulation 32A(1)(b). These provisions require appeals to be considered by an appointed person who must report to the Secretary of State in writing with a recommendation about how the appeal should be finally determined by the Secretary of State and allow for reasonable remuneration and expenses to be paid to the appointed person. They also require the Secretary of State to make a final determination of the appeal and enable the charging of a fee in connection with the bringing of an appeal which must be refunded in the event that the Secretary of State revises the decision that is the subject matter of the appeal.\nRegulation 4 provides that regulation 32 of the principal Regulations continues to apply without the modifications in regulation 3 in respect of any Pillar 1 decisions which relate to direct payments that were, before the end of 2023, the subject matter of an application for an appeal to the Secretary of State made under paragraph (1) of that regulation.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/1181/note",
    "retrieved_at": "2026-10-28T21:38:57.667991+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}