Welsh Ministers have updated the rural appeals framework through the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025. The change removes the long‑standing £100 statutory limit on fees for appeals connected to legacy schemes predating the Agriculture (Wales) Act 2023, with commencement aligned to 1 January 2026. The measure sits alongside the Welsh Government’s published timetable for revised Rural Payments Wales (RPW) Stage 2 appeal charges taking effect the same day.
The change applies to appeals arising from decisions under pre‑2023 Act schemes such as the Basic Payment Scheme and EU CAP‑funded rural development measures. RPW’s appeals guidance confirms the process and lists the schemes covered, including CAP replacements and closed Rural Development Programme schemes still generating decisions and penalties.
Legally, the instrument amends regulation 3 of the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 so that, where an appeal relates to a “pre‑2023 Act scheme”, Welsh Ministers may set such fee as they determine. “Pre‑2023 Act scheme” is defined by reference to powers to provide support under sections 16, 17 and 19 of the Agriculture (Wales) Act 2023, which frame the new system of agricultural support in Wales.
From 1 January 2026, Stage 2 appeal fees will be £290 for an oral hearing and £220 for a written hearing, with the fee refunded where an appeal is accepted in full. Appeals concerning TB compensation are excluded from this increase. Stage 1 remains free.
The instrument was scheduled for Senedd approval alongside two related measures: the Agriculture Support Schemes (Eligibility, Enforcement and Appeals) (Wales) Regulations 2025 and the Basic Payment Scheme (Tapering, Payment Entitlements, and Closure) (Wales) Regulations 2025. In parallel, Senedd lawyers have recorded that BPS will taper from 2026 and close on 31 December 2028 as Wales transitions to the Sustainable Farming Scheme.
For appellants and agents, the process remains two‑stage. Stage 1 is an RPW review at no cost; Stage 2 is an independent panel review where the new fees apply. Appeals must be lodged within 60 days and can proceed on written submissions or by oral hearing. RPW’s guidance sets out the documentation requirements and the list of schemes within scope.
The Welsh Government has set out the cost basis for the new charges, indicating they reflect the Independent Appeal Panel’s day rate and exclude Welsh Government administrative costs, and that the new rates apply to all appellants regardless of scheme from 1 January 2026. This aligns older CAP‑derived schemes with the arrangements for new schemes under the 2023 Act.
The Regulations are signed by Huw Irranca‑Davies as Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs. His portfolio responsibilities include agriculture and rural affairs, providing ministerial accountability for the appeals system and related reforms to agricultural support. Revised appeals guidance is due before 1 January 2026; until then, the current £50/£100 Stage 2 charges remain in place.