Details of Force Majeure claims that have been made for agricultural subsidy payments from 2000 - 2004
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FOI request reference 024569-110305-1524
Table 1 details the numbers of claimants who sought Force Majeure. Please note that not all of these were successful as the Force Majeure provision has to be applied restrictively in line with EC Guidance.
Table 1 - Number of Claimants Seeking Force Majeure From 2000 Scheme Year To Date |
|---|
| | | | | | | |
Area Office | | | Subsidy | | | | |
|---|
| AAPS | BSPS | SCPS | SPS | EPS | SAPS | |
|---|
| | | | | | | |
Ayr | 1 | 6 | 2 | 1 | 5 | 13 | |
Elgin | | | 1 | | | 4 | |
Galashiels | | 1 | | 2 | 2 | 111 | |
Hamilton | | 2 | 1 | 1 | | 13 | |
Inverness | 3 | | 2 | 1 | 2 | 16 | |
Inverurie | 1 | 3 | 3 | 3 | 6 | 14 | |
Kirkwall | | | | | 3 | 8 | |
Lerwick | | | | | | 1 | |
Oban | 1 | | | | | 7 | |
Perth | | | 1 | 1 | 4 | 9 | |
Dumfries | | | 1 | 1 | 2 | | |
Lerwick | | | 1 | | | 1 | |
Lairg | | | 1 | | | 3 | |
Thurso | | | | | | 3 | |
Benbecula | | | | | | 1 | |
| | | | | | | |
Total | 6 | 12 | 13 | 10 | 24 | 204 | |
| | | | | | | |
| | | | | | | |
Details of appeals where Force Majeure was raised as part of the appeal grounds. Please note that Force Majeure may have been allowed during the initial decision stage without recourse to an appeal. Similarly Force Majeure may not have been raised at the initial decision stage but only come to light during an appeal. So care should be taken in drawing comparisons with Table 1.
Table 2 : APPEALS WHERE APPELLANTS' GROUNDS OF APPEAL CONTAIN FORCE MAJEURE | |
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| | | | | |
Area Office | Year | Resolved pre-appeal | Resolved pre-appeal | Upheld by Panel | Schemes |
|---|
| | in favour of Appellant | in favour of Appellant | | |
|---|
| | | due to legislation change | | |
|---|
Ayr | 2002 | 1 | 6 | | EPS/SCPS |
Benbecula | 2004 | 1 | | | SAPS |
Dumfries | 2002 | | 4 | | SCPS/EPS |
| 2003 | 2 | | | OAS/BSPS |
Galashiels | 2002 | | 2 | | EPS |
| 2003 | 1 | | 1 | BSPS/EPS |
Hamilton | 2002 | | 7 | 1 | EPS/SCPS |
Inverness | 2002 | | 1 | | SCPS |
| 2003 | 2 | | | SAPS/EPS |
Inverurie | 2002 | | 6 | | SCPS/EPS |
| 2003 | 5 | | | EPS |
Oban | 2002 | | 3 | | SCPS/EPS |
Perth | 2002 | | 4 | | EPS |
| 2003 | 3 | | | EPS/QUOTA |
Portree | 2001 | 1 | | | QUOTA |
Thurso | 2003 | 2 | 1 | | SAPS/EPS |
Ayr | 2001 | 1 | | | LFASS |
| 2002 | | | 1 | SAPS |
Elgin | 2002 | | | 1 | SCPS |
| | | | | |
Information on the recommended time periods for reaching each stage of the appeal process as laid out in the Scottish Executive Environment and Rural Affairs Department (SEERAD) Guidance Note
An appellant has a window of 60 calendar days from the date of an initial decision or appeal stage decision to lodge an appeal at each stage. The appeals booklet indicates that the stage 1 appeals review meeting will usually take place around six to eight weeks from the date the appeal was lodged. At stage 2 the meeting will usually take place within four to six weeks of the appeal request.
These timescales are however only indicative and depend very much on factors such as appeal volumes, producer availability and panel availability, with oral appeals tending to take longer to arrange the review meeting than written appeals. We (SEERAD) try to process appeals in date order to ensure fairness of treatment. The timescales in the booklet were created prior to the appeals system becoming operational and without practical experience of operational issue. We (SEERAD) intend to update these in the next revision of the booklet which reflects the introduction of CAP Reform.
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