Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Direct Payments to Farmers (Reconsideration and Appeal) (Modification) (England) Regulations 2023 and come into force immediately before the end of 2023.

(2) These Regulations—

(a) extend to England and Wales; and

(b) apply in England only to Pillar 1 decisions which relate to direct payments.

Interpretation

2. In these Regulations—

(a) “ the principal Regulations ” means the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 ( 2 );

(b) “ direct payments ” means direct payments under of the European Parliament and of the Council of 17 December 2013 establishing rules for Regulation (EU) No 1307/2013 direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 ( 3 ) as that Regulation applies in relation to England on the coming into force of these Regulations; and

(c) “ Pillar 1 decision ” has the meaning given in regulation 30 of the principal Regulations (interpretation)( 4 ).

Modification of Part 5 of the principal Regulations

3. Part 5 of the principal Regulations (appeals) is, in the case of a Pillar 1 decision to which these Regulations apply, to be read as if—

(a) in regulation 32 (appeals), paragraph (1) were omitted; and

(b) after regulation 32, there were inserted the following regulation—

“ Reconsideration and appeal: direct payments

32A. —(1) A Pillar 1 appellant may, in the case of a Pillar 1 decision made by the Secretary of State which relates to direct payments—

(a) request that the Secretary of State reconsiders that Pillar 1 decision; and

(b) if dissatisfied with the outcome of the Secretary of State’s reconsideration of that Pillar 1 decision, appeal to the Secretary of State.

(2) A Pillar 1 decision which relates to direct payments—

(a) that was made by the Secretary of State before 1st January 2024; but

(b) that was not, before 1st January 2024, either—

(i) the subject matter of a non-statutory request for a reconsideration by the Secretary of State, or

(ii) the subject matter of an application for an appeal to the Secretary of State made under regulation 32(1),

is to be treated as if it were a Pillar 1 decision which relates to direct payments that was notified to the Pillar 1 appellant on 1st January 2024.

(3) A Pillar 1 decision which relates to direct payments that was, before 1st January 2024, the subject matter of a non-statutory reconsideration by the Secretary of State, but not an application for an appeal to the Secretary of State under regulation 32(1), is to be treated as if it were a Pillar 1 decision which relates to direct payments that was reconsidered by the Secretary of State following a request made by the Pillar 1 appellant under paragraph (1)(a) the outcome of which was notified to that appellant on 1st January 2024.

(4) Where a Pillar 1 decision which relates to direct payments that was made before 1st January 2024—

(a) was, before that date, the subject matter of a non-statutory request for a reconsideration by the Secretary of State; but

(b) was not reconsidered by the Secretary of State before that date,

then the Pillar 1 decision concerned is to be treated as if it were a decision that falls to be determined by the Secretary of State under paragraph (6) following a request for a reconsideration made by the Pillar 1 appellant under paragraph (1)(a).

(5) A request made by a Pillar 1 appellant under paragraph (1)(a) must be—

(a) submitted in writing; and

(b) received by the Secretary of State before the end of the period of 60 days beginning with the date of the notification to the Pillar 1 appellant of the Pillar 1 decision concerned.

(6) The Secretary of State must—

(a) reconsider the Pillar 1 decision to which the request under paragraph (1)(a) relates; and

(b) notify the Pillar 1 appellant in writing of the outcome of that reconsideration.

(7) An appeal made by a Pillar 1 appellant under paragraph (1)(b) must be—

(a) submitted in writing; and

(b) received by the Secretary of State before the end of the period of 60 days beginning with the date of the notification to the Pillar 1 appellant of the outcome of the Secretary of State’s reconsideration of the Pillar 1 decision concerned.

(8) Paragraphs (3) to (7) of regulation 32 also apply to appeals made under paragraph (1)(b).

(9) The appointed person must not consider an appeal made under paragraph (1)(b) if the Pillar 1 decision concerned has not first been reconsidered by the Secretary of State following a request made by the Pillar 1 appellant under paragraph (1)(a) (or treated as such by virtue of paragraph (3) or (4)). ” .

Exception

4. The modification of Part 5 of the principal Regulations made by regulation 3 is without prejudice to the continued application of regulation 32 of the principal Regulations to a Pillar 1 decision which relates to direct payments that was, before the end of 2023, the subject matter of an application for an appeal to the Secretary of State made by a Pillar 1 appellant under paragraph (1) of that regulation.