Agriculture Appeals Act, 2001

• Jurisdiction: Ireland

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.
SCHEDULE
Schemes
Acts Referred to Diseases of Animals Acts, 1996 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 PROVIDE FOR CONNECTED MATTERS. [9th July, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	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 subsequent enactment including this Act, and
	(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.
	Appointment of appeals officers.	2.—The Minister may appoint such and so many of his or her officers or, following selection at competitions held by the Civil Service 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.
	Director of Agriculture Appeals.	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”.
	Deputy Director of Agriculture Appeals.	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.
	Functions of appeals officers.	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.
	Independence of appeals officers.	6.—Appeals officers shall, subject to this Act, be independent in the performance of their functions.
	Right of appeal.	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 question 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.
	Oral hearings.	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 represented 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 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.
	Decisions.	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.
	Revised Decisions by Director and appeals officers.	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...