Welsh Ministers have removed the statutory £100 ceiling on appeal fees for legacy farm support schemes. The change is made by the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025, with effect from 1 January 2026. For appeals linked to pre‑2023 Act schemes, Ministers may now charge such fee as they determine.
Under the instrument, a “pre‑2023 Act scheme” covers any scheme operating under legislation referred to in sections 16(2), 17(2) or 19(2) of the Agriculture (Wales) Act 2023. In practice, this captures the Basic Payment Scheme, the financing, management and monitoring rules for the Common Agricultural Policy, and support for rural development.
For appellants, this means decisions under BPS and cross‑compliance, together with a wide range of rural investment and woodland programmes administered by Rural Payments Wales, fall within scope. Current guidance lists Habitat Wales Scheme, organic support, Small Grants and woodland creation/restoration schemes among those covered, as well as closed EU Rural Development Programme 2014‑2020 measures.
The two‑stage structure remains. Stage 1 is free. Under existing guidance, Stage 2 costs £100 for an oral hearing or £50 for a written review. From 1 January 2026, Welsh Government guidance confirms Stage 2 fees will be £290 for an oral hearing and £220 for a written consideration across schemes.
Refund arrangements should be noted. Current appeals guidance states fees are repaid if an appeal is wholly or partially successful, while Sustainable Farming Scheme guidance indicates that from 1 January 2026 the Stage 2 fee will be refunded where an appeal is accepted in full. The same government FAQ explains the increase is to meet the Independent Appeal Panel’s cost of about £875 per day for three panel members.
Scope exclusions are limited. The Welsh Government states appeal fees for TB compensation are not being increased. Appellants in those cases should therefore continue under existing charging arrangements.
Timing is straightforward. The revised charging power applies from 1 January 2026, and government guidance states the new Stage 2 amounts apply to all appellants from that date regardless of scheme. Appeals must still be filed within 60 days of the decision letter, and appellants should ensure complete evidence is provided at Stage 1.
The appeals change sits alongside a wider overhaul of agricultural support regulations for 2026. On 2 December 2025, the Senedd approved the Agriculture Support Schemes (Eligibility, Enforcement and Appeals) (Wales) Regulations 2025; Ministers presented these as creating a single, coherent appeals framework across legacy EU‑derived schemes and new schemes made under the 2023 Act.
For farm businesses and advisers, the immediate actions are practical rather than legalistic: confirm whether the case arises under a legacy scheme, decide early whether a written review suffices, plan for Stage 2 costs of £290/£220 from January, and use the 60‑day window to assemble full documentation so that a Stage 1 review has every chance of resolving the dispute.
Formally, this is Welsh Statutory Instrument 2025/1271. It amends the 2006 Appeals Regulations to allow Welsh Ministers to set fees for pre‑2023 Act scheme appeals, removing the former £100 maximum and aligning charges with the broader appeals framework being introduced for 2026.