Wales scraps £100 cap on farm appeal fees in 2026

You used to know there was an upper limit-£100-when lodging an appeal under older farm payment schemes. From 1 January 2026, that certainty changes: for CAP‑era appeals, Welsh Ministers can set the fee themselves. The change arrives via a Welsh Statutory Instrument made on 3 December 2025 and approved by Senedd Cymru, as recorded on legislation.gov.uk.

Formally titled the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2025 (WSI 2025 No. 1271), the measure amends the 2006 appeals regulations. In plain English: if your appeal relates to the Basic Payment Scheme, the financing, management and monitoring of the Common Agricultural Policy, or rural development support, the old £100 maximum no longer applies. Ministers may now charge such fee as they determine, according to the text published on legislation.gov.uk.

For clarity, the instrument groups these as “pre‑2023 Act schemes”. That means any scheme operating under legislation listed in sections 16(2), 17(2) or 19(2) of the Agriculture (Wales) Act 2023. In short, these are the legacy EU‑era programmes that Wales has been winding down during the transition away from the Common Agricultural Policy.

The legal change is only a few words but it matters. Regulation 3(4)(b) of the 2006 rules now reads “subject to paragraph (5)”. Paragraph (5) then lifts the ceiling for pre‑2023 Act appeals. Appeals under new schemes created by the Agriculture (Wales) Act 2023 continue to sit under the £100 maximum set out in the 2006 regulations.

What does this mean if you are preparing an appeal in 2026? If your case is about a CAP‑era decision-such as a Basic Payment Scheme penalty-the fee will be whatever Ministers set at the time. If your case concerns a decision under a new post‑2023 Act scheme, the £100 cap still applies. Before you submit an appeal, check Welsh Government information for the current fee level and any guidance.

This is also a helpful way to see devolved law in action. Welsh Ministers can make regulations, but for changes like this the Agriculture (Wales) Act 2023 requires the affirmative procedure: a draft is laid before, and must be approved by, Senedd Cymru. That step happened before the instrument was made on 3 December 2025, giving it the legal green light to start on 1 January 2026.

The instrument is signed by Huw Irranca‑Davies, Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs. It comes into force on 1 January 2026, so appeals received from that date will follow the updated fee rule for CAP‑era schemes while new‑scheme appeals remain capped at £100.

The Welsh Government notes that a Regulatory Impact Assessment (RIA) has been prepared, weighing likely costs and benefits. The RIA is available from Welsh Government, Cathays Park, Cardiff CF10 3NQ and on gov.wales. For classrooms, this pairs well with the statutory text on legislation.gov.uk to show how policy aims are translated into practical rules.

A quick example helps. Imagine you appeal a 2019 Basic Payment Scheme decision in February 2026. Because that is a pre‑2023 Act scheme, your appeal fee is no longer capped at £100; you would pay the fee set by Ministers at that time. By contrast, an appeal about a decision under a new 2023 Act scheme would still fall under the £100 limit. Use that contrast to test your understanding of how transitional rules work.