Welsh Ministers have made the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025 (WSI 2025/1271), removing the statutory £100 maximum fee for certain agricultural payment appeals. The instrument was made on 3 December 2025 and comes into force on 1 January 2026, following Senedd approval under section 50(6) of the Agriculture (Wales) Act 2023.
The amendment revises regulation 3 of the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006. Regulation 3(4)(b) now operates subject to a new paragraph, which allows Welsh Ministers, where an appeal relates to a pre‑2023 Act scheme, to charge “such fee as they may determine”. A further paragraph defines “pre‑2023 Act scheme” by reference to sections 16(2), 17(2) and 19(2) of the Agriculture (Wales) Act 2023.
According to the Explanatory Note published with the instrument, the change applies to appeals concerning the basic payment scheme, the financing, management and monitoring of the Common Agricultural Policy, and support for rural development. These are legacy schemes that continue to generate disputes as historic cases are resolved.
The amendment removes only the £100 ceiling for the identified legacy schemes; it does not alter appeal routes, decision‑making procedures or rights of review set out in the 2006 Regulations. It does not set a new fee in statute and does not change arrangements for appeals arising from schemes established under the Agriculture (Wales) Act 2023.
For farmers, land managers and agents, the practical effect is that, from 1 January 2026, any appeal falling within a legacy scheme may attract a fee set administratively by Welsh Ministers rather than a capped £100. Applicants should check the latest Welsh Government appeals guidance at the point of submission to confirm the amount payable.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments has been applied. A Regulatory Impact Assessment has been prepared and is available from the Welsh Government and on gov.wales, alongside the text of WSI 2025/1271 on legislation.gov.uk.
The instrument cites powers in sections 16(1), 17(1) and 19(1) of the Agriculture (Wales) Act 2023 (2023 asc 4). It is signed by Huw Irranca‑Davies, Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, as one of the Welsh Ministers.
Stakeholders should note the key dates for compliance-3 December 2025 as the date made, and 1 January 2026 as commencement-and that the removal of the cap is confined to pre‑2023 Act schemes as defined in the legislation. Appeals relating to new schemes under the 2023 Act are unaffected by this amendment.