Agriculture Appeals Act, 2001 (Act No. 29 of 2001)

———————— Number 29 of 2001 ———————— AGRICULTURE APPEALS ACT, 2001 ———————— ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Appointment of appeals officers. 3. Director of Agriculture Appeals. 4. Deputy Director of Agriculture Appeals. 5. Functions of appeals officers. 6. Independence of appeals officers. 7. Right of appeal. 8. Oral hearings. 9. Decisions. 10. Revised Decisions by Director and appeals officers. 11. Appeals to High Court. 12. Representations under National Beef Assurance Scheme Act, 2000. 13. Representations by certain animal and poultry dealers. 14. Annual reports. 15. Regulations. 16. Laying of regulations before Houses of Oireachtas. 17. Expenses of Minister. 18. Amendment of First Schedule to Ombudsman Act, 1980. 19. Short title. [No. 29.] Agriculture Appeals Act, 2001. [2001.] 2 SCHEDULE Schemes ———————— Acts Referred to Diseases of Animals Acts, 1966 to 2001 National Beef Assurance Scheme Act, 2000 2000, No. 2 Ombudsman Act, 1980 1980, No. 26 ———————— Number 29 of 2001 ———————— AGRICULTURE APPEALS ACT, 2001 ———————— AN ACT TO PROVIDE FOR THE APPOINTMENT OF APPEALS OFFICERS TO REVIEW ON APPEAL DECISIONS OF OFFICERS OF THE MINISTER FOR AGRICULTURE, FOOD AND RURAL DEVELOPMENT IN RELATION TO CERTAIN SCHEMES AND TO PRO VIDE FOR CONNECTED MATTERS. [9th July, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.—(1) In this Act— ‘‘appeals officer’’ means an appeals officer appointed under section 2; ‘‘Civil Service’’ means the Civil Service of the Government and the Civil Service of the State; ‘‘Director’’ means Director of Agriculture Appeals; ‘‘functions’’ includes powers, duties and obligations; ‘‘Minister’’ means Minister for Agriculture, Food and Rural Development; ‘‘prescribed’’ means prescribed by regulations made by the Minister. (2) In this Act— (a) a reference to a section or Schedule is a reference to a section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, (c) a reference to an enactment includes a reference to that enactment as amended or extended by or under any sub sequent enactment including this Act, and 3 Interpretation. [No. 29.] Agriculture Appeals Act, 2001. [2001.] S.1 Appointment of appeals officers. Director of Agriculture Appeals. Deputy Director of Agriculture Appeals. Functions of appeals officers. Independence of appeals officers. Right of appeal. Oral hearings. 4 (d) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument. 2.—The Minister may appoint such and so many of his or her officers or, following selection at competitions held by the Civil Ser vice and Local Appointments Commissioners, other persons holding positions within the Civil Service, as he or she considers appropriate, to be appeals officers for the purposes of this Act. 3.—The Minister shall, following selection at a competition held by the Committee on Top Level Appointments in the Civil Service or the Civil Service and Local Appointments Commissioners, appoint a person holding a position within the Civil Service as the chief appeals officer who shall be known as the Director of Agriculture Appeals, and is in this Act referred to as the ‘‘Director’’. 4.—One of the appeals officers shall be designated by the Minister to act as the deputy for the Director when he or she is not available. 5.—(1) The functions of appeals officers shall be to consider and make determinations on appeals made by affected persons against decisions taken by officers of the Minister in respect of applications for entitlement under the schemes set out in the Schedule. (2) The Minister may, from time to time, amend by regulations the Schedule so as to add to or delete from the Schedule any scheme or part of a scheme. 6.—Appeals officers shall, subject to this Act, be independent in the performance of their functions. 7.—(1) Where a person is dissatisfied with a decision given by an officer of the Minister in respect of that person’s entitlement under any of the schemes set out in the Schedule, the decision shall, on notice of appeal being given to the Director, within the prescribed time and in the prescribed form, be referred to an appeals officer. (2) Regulations may provide for the procedure to be followed on appeals under this Act. (3) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the ques tion as if it were being decided for the first time. (4) An appeals officer shall determine an appeal, as soon as is practicable, having regard to any guidelines issued or regulations made in this regard by the Minister. 8.—(1) An appeals officer shall, if so requested by the appellant, hold an oral hearing for the purpose of an appeal referred to him or her under this Act. (2) An oral hearing under this section shall be held in private. (3) An appellant may represent himself or herself or be rep resented by another person at the oral hearing of his or her appeal. (4) Where an appellant is represented by another person at the oral hearing of his or her appeal, the appeals officer hearing the [2001.] Agriculture Appeals Act, 2001. [No. 29.] appeal may examine the appellant, if the appeals officer considers it necessary. (5) An appeals officer, on the hearing of any matter referred to him or her under this Act, shall have the power to take evidence on oath or affirmation and for that purpose may administer oaths or affirmations to persons attending as witnesses at such hearing. 9.—(1) The decision of an appeals officer and the reasons for making that decision shall be notified in writing to the appellant. (2) A document purporting to be a decision made under this Act by an appeals officer and to be signed by him or her shall be prima facie evidence of the making of the decision without proof of the signature of such officer or his or her official capacity. (3) The decision of an appeals officer on any question referred to him or her under section 7(1) shall, subject to sections 10 and 11, be final and conclusive. 10.—(1) An appeals officer may, at any time revise any decision of an appeals officer, if it appears to him or her that the decision was erroneous in the light of new evidence or of new facts brought to his or her notice since the date on which it was given, or if it appears to him or her that there has been any relevant change of circumstances since the decision was given. (2) The Director may, at any time, revise any decision of an appeals officer, if it appears to him or her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts. (3) A revised decision given under this section shall take effect from such date as the appeals officer concerned determines or con siders appropriate having regard to the circumstances of the case. 11.—Any person dissatisfied with— (a) the decision of an appeals officer, or (b) the revised decision of the Director, may appeal that decision or revised decision, as the case may be, to the High Court on any question of law. 12.—(1) Where representations are made to the Minister under section 15(2) or 16(2) of the National Beef Assurance Scheme Act, 2000, the Minister shall upon receipt of such representations refer them, as soon as may be, to the Director for advice. (2) The Director shall, within 28 days of receipt of such represen tations, consider them and advise the Minister. (3) The Minister shall have regard to any advice given to him or her under this section before refusing an application for the grant of, or revoking, a certificate of approval under the aforesaid Act. 13.—(1) Where representations are made to the Minister under Article 8(1) of the Diseases of Animals Acts, 1966 to 2001 (Approval and Registration of Dealers and Dealers’ Premises) Order, 2001 (S.I. No. 79 of 2001), the Minister shall, upon receipt of such represen tations refer them, as soon as may be, to the Director for advice. 5 S.8 Decisions. Revised Decisions by Director and appeals officers. Appeals to High Court. Representations under National Beef Assurance Scheme Act, 2000. Representations by certain animal and poultry dealers. [No. 29.] Agriculture Appeals Act, 2001. [2001.] S.13 Annual reports. Regulations. Laying of regulations before Houses of Oireachtas. Expenses of Minister. Amendment of First Schedule to Ombudsman Act, 1980. Short title. 6 (2) The Director shall, within 28 days of receipt of such represen tations, consider them and advise the Minister. (3) The Minister shall have regard to any advice given to him or her under this section before revoking or suspending a registration or refusing to register a person or premises under the aforesaid Article 8. 14.—(1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Director shall make a report to the Minister of his or her activities and the activities of the appeals officers under this Act during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas. (2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct. (3) The Director shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning his or her activities or the activities of appeals officers under this Act. 15.—(1) The Minister may make regulations for the purpose of enabling this Act to have full effect. (2) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed. 16.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder. 17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. 18.—Part I of the First Schedule to the Ombudsman Act, 1980, is amended by the substitution for ‘‘Department of Agriculture’’ of the following: ‘‘Department of Agriculture, Food and Rural Development Appeals Officers under the Agriculture Appeals Act, 2001’’. 19.—This Act may be cited as the Agriculture Appeals Act, 2001. [2001.] Agriculture Appeals Act, 2001. [No. 29.] SCHEDULE Schemes Beef Cow Scheme in Less Severely Handicapped Areas and Coastal Areas with Specific Handicaps Cattle Headage Scheme in More Severely Handicapped Areas Equine Headage Scheme in all Disadvantaged Areas EU Area Aid Scheme (including the Arable Aid Scheme) EU De-seasonalisation Slaughter Premium Scheme EU Ewe Premium Scheme EU Extensification Premium Scheme EU Slaughter Premium Scheme EU Special Beef Premium Scheme EU Suckler Cow Premium Scheme Farm Improvement Programme (FIP) Farm Improvement Programme (FIP) Horticulture Goat Headage Scheme in all Disadvantaged Areas Installation Aid Scheme (IAS) National Scheme of Installation Aid (SIA) (introduced December 1998) National Scheme of Investment Aid for the Control of Farm Pol lution (introduced June 1999) National Scheme of Investment Aid for the Improvement of Dairy Hygiene Standards (introduced May 1999) Non-valuation aspects of the On-Farm Valuation Scheme for TB and Brucellosis Reactors Rural Environment Protection Scheme (REPS) Scheme of Early Retirement from farming Scheme of Grant-Aid for Investment in Alternative Enterprises Scheme of Grant-Aid for Investments in Agri-Tourism Scheme of Installation Aid (SIA) Scheme of Investment Aid for Farm Waste Management (FWM) Scheme of Investment Aid for the Control of Farm Pollution (CFP) Scheme of Investment Aid for the Improvement of Dairy Hygiene Standards (DHS) Scheme of Investment Aid for upgrading of On-Farm Dairying facilities Scheme of Investment Aid in Alternative Enterprises (Housing and Handling Facilities) (AES) Sheep Headage Scheme in all Disadvantaged Areas 7 Section 5.