The Habitat (Broadleaved Woodland) (Wales) Regulations 1994

Change of occupation

6.  (1)  Where, during the course of the management period, there is a change of occupation of the entirety or any part of a beneficiary’s land which is subject to management obligations by reason of the devolution of that land or part on the death of the beneficiary, or otherwise—

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

(b)the new occupier of that land or part may give an undertaking to the Secretary of State to comply with the management obligations relating to that land or part for the remainder of the management period.

(2) The Secretary of State shall not accept an undertaking referred to in paragraph (1)(b) above unless he is satisfied that the new occupier occupies the land or part as an owner or tenant or as the personal representative of the original occupier.

(3) A new occupier who gives an undertaking to comply with the management obligations assumed by the original occupier shall supply to the Secretary of State such information in such form and within such period following the change of occupation as the Secretary of State may reasonably determine.

(4) Where the Secretary of State has accepted an undertaking from a new occupier to comply with the management obligations undertaken by the original occupier—

(a)the new occupier shall be deemed to be a beneficiary and, subject to paragraph (5) below, shall be entitled to payments of aid in place of the original occupier for the remainder of the management period; and

(b)his undertaking to comply with those management obligations shall be deemed to take effect on the date of the acceptance by the Secretary of State of that undertaking.

(5) Where there is a change of occupation of part of the land subject to management obligations, the new occupier shall be entitled to payments of aid in the same proportion as the area of such land occupied by him bears to the area of such land occupied by the original occupier prior to the change of occupation.

(6) Where within 3 months from the date of change of occupation a new occupier has not given an undertaking to comply with the management obligations assumed by the original occupier, the Secretary of State 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 the entirety or any part of a beneficiary’s land which is subject to management obligations is the result of—

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

(b)the death of the original occupier, and

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

(ii)following the death of that 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 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.