5 Appeals against Determinations by the Secretary of State

15.35 The secretary of state has power to establish an appeals procedure for the purpose of providing for the further consideration of any initial determination made in relation to a farmer under either the relevant European Union regulations or the domestic implementing regulations.⁸⁵ The Welsh Ministers have similar powers.⁸⁶ The matters covered by the appeal mechanism could include inter alia appeals against the determination of a basic payment entitlement), appeals against a withdrawal of payment as a consequence of alleged breach of cross compliance conditions (‘Pillar I decisions’), a decision in relation to a management agreement under one of the agri environment schemes funded under Pillar I (‘Pillar I decisions’), and any other of the many matters requiring determination by the secretary of state under the implementing regulations described above.

15.36 The procedure that is established can provide for the consideration of appeals against determinations by the Secretary of State or Welsh Ministers by up to three persons.⁸⁸ The latter must then make a recommendation to the Secretary of State or Welsh Ministers as to how the appeal should be finally determined.⁸⁹ A fee not exceeding £100 can be charged to cover the costs of administering appeals.⁹⁰ The English appeal procedure applies to holdings wholly or partly in England.⁹¹