The Set-Aside Regulations 1988

Change of occupation

12.—(1) Where there is a change of occupation of the entirety or any part of a beneficiary’s holding during the course of the set-aside period by reason of the devolution of that holding or part on the death of the beneficiary, or otherwise—

(a) the beneficiary (or, if he has died, his personal representatives) shall notify the appropriate Minister in writing of the change of occupation within three months of its occurrence and shall supply to that Minister such information relating to that change of occupation in such form and within such period as that Minister reasonably may determine;

(b) the new occupier of that holding or part may give an undertaking to the appropriate Minister to comply with the set-aside obligations relating to that holding or part for the remainder of the set-aside period.

(2) Where there is a change of occupation of part of a holding, the appropriate Minister shall determine the extent to which the set-aside obligations assumed by the original occupier relate to that part having regard to—

(a) the area of arable land comprised in that part, and

(b) the area of set-aside land (if any) comprised in that part and the use or uses to which that land is put.

(3) The appropriate Minister shall not accept an undertaking from a new occupier of a holding or part of a holding to comply with set-aside obligations assumed by the original occupier unless that minister is satisfied that that new occupier occupies that holding or part as an owner or tenant or as the personal representative of the original occupier.

(4) Any undertaking given by a new occupier to comply with set-aside obligations shall contain such information and shall be given in such form and within such period following the change of occupation as the appropriate Minister reasonably may determine.

(5) Where the appropriate Minister has accepted an undertaking from a new occupier to comply with set-aside obligations—

(a) the new occupier shall be deemed to be an eligible person who has applied for aid under the provisions of these Regulations; and

(b) the undertaking to comply with set-aside obligations shall be deemed to take effect on the date of the acceptance by that Minister of that undertaking.

(6) Where within a period of three months from the date of change of occupation a new occupier has not given an undertaking to comply with set-aside obligations assumed by the original occupier, the appropriate Minister may—

(a) withhold the whole or any part of any payments due to the original occupier; and

(b) recover from that original occupier or his personal representatives the whole or any part of any payments of aid already made to him.

(7) Paragraph (6) above shall not apply where the change of occupation of a holding or part of a holding is the result of—

(a) the compulsory purchase of that holding or part; or

(b) the death of the original occupier, and

(i) that original occupier occupied that holding or part as a tenant; and

(ii) following the death of that original occupier the tenancy or lease under which he occupied that holding or part was terminated by the landlord.