Search Legislation

The Nitrate Sensitive Areas Regulations 1994

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Death of farmer or change of occupation of the land

13.—(1) Where, during the period for which undertakings have been given by a farmer, the farmer dies or there is a change of occupation of the whole or any part of the land which is the subject of such undertakings—

(a)where the farmer has died, the personal representative shall notify the Minister in writing of the death and of any consequent change in occupation of the land within 3 months of the death or as soon as practicable after being appointed as personal representative (whichever is later) and shall supply to the Minister such information relating to any change of occupation in such form and within such period as the Minister reasonably may determine;

(b)where there is a change of occupation of the land or any part thereof other than consequent on the death of the farmer, the farmer shall notify the Minister in writing of the change of occupation within 3 months of its occurrence and shall supply to the Minister such information relating to the change of occupation in such form and within such period as the Minister reasonably may determine;

(c)where the farmer (“the original occupier”) occupied the land or the part in respect of which there has been a change of occupation as owner of the freehold interest or as a tenant, the new occupier may give undertakings to the Minister, in respect of the land or the part thereof which he occupies, in the same terms, and expiring at the same time, as the undertakings given by the farmer who made the application for aid under these Regulations.

(2) The Minister shall not accept undertakings referred to in paragraph (1)(c) unless she is satisfied that the new occupier occupies the land, or the part thereof in respect of which he gives such undertakings, as owner of the freehold interest, tenant, or as personal representative of the original occupier.

(3) A new occupier who gives undertakings referred to in paragraph (1)(c) shall supply to the Minister such information in such form and within such period as the Minister reasonably may determine.

(4) Where the Minister has accepted from a new occupier undertakings referred to in paragraph (1)(c)—

(a)the new occupier shall be treated for the purposes of these Regulations as if he was the original occupier and, subject to paragraph (5), shall be entitled to payments of aid in place of the original occupier for the period for which the new occupier gives undertakings; and

(b)the undertakings given by the new occupier shall take effect on the date of the acceptance by the Minister of them.

(5) Where the personal representative of a farmer fails without reasonable excuse to comply with paragraph (1)(a), the Minister may withhold the whole or any part of any aid payable to the personal representative under these Regulations, recover from the personal representative the whole or any part of any such aid already paid to him and give notice to the personal representative that she is treating as terminated, with effect from the date specified in the notice, the undertakings given by the farmer.

(6) Where within 3 months of the date of a change of occupation a new occupier has not given undertakings referred to in paragraph (1)(c) in relation to all the land the occupation of which has changed, the Minister may—

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

(b)recover from the original occupier or his personal representatives the whole or any part of any payments already made to him (or, in the case of the personal representative, to the original occupier); and

(c)give notice to the original occupier or his personal representative that she is treating the farmer’s undertakings as terminated with effect from the date specified in the notice.

(7) Paragraph (6) shall not apply where the change of occupation of the entirety or any part of the original occupier’s land which is subject to undertakings is the result of—

(a)compulsory purchase of that land or part; or

(b)the death of the original occupier, and—

(i)the original occupier occupied that land or part as tenant, and

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

(c)the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986(1) having been satisfied as to any of the matters specified in section 27(3) of that Act or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources