The Temporary Set-Aside Regulations 1991

Change of occupation of whole of holding

9.—(1) Where during the temporary set-aside period there is a change of occupation on a holding of the whole of the area set aside and the whole of the area left under cultivation in accordance with Article 1(3) of the Council Regulation by reason of the devolution of those areas on the death of a 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 and shall supply to that Minister in writing details of that change of occupation;

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

(2) The appropriate Minister shall not accept an undertaking given under paragraph 1(b) above unless that Minister is satisfied that that new occupier occupies that holding as an owner or tenant or as the personal representative of the original occupier.

(3) Where the appropriate Minister has accepted an undertaking given under paragraph 1(b) above that occupier shall be deemed to be a beneficiary and the undertaking to comply with the obligations shall take effect on the date of the acceptance by that Minister of that undertaking.

(4) Where a new occupier is deemed to be a beneficiary the Minister may make payments of the aid due under the Community Scheme to that beneficiary and accordingly the original occupier shall cease to be treated as a beneficiary.

(5) 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 the obligations assumed by the original occupier, the appropriate Minister may withhold or recover the whole or any part of any payments of aid due or made to the original occupier or his personal representative.

(6) Paragraph (5) above shall not apply where the change of occupation of a holding is the result of–

(a) the compulsory purchase of that holding;

(b) the death of the original occupier, and

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

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

(c) in England and Wales, 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; or

(d) in Scotland, the termination of a tenancy following the operation of a notice to quit to which the Scottish Land Court has consented under section 25(1) of the Agricultural Holdings (Scotland) Act 1949(2), having been satisfied as to any of the matters referred to in section 26(1)(b) to (e) of that Act, or the termination of a tenancy following service of a notice to quit to which section 25(2)(c) of that Act applies.

(1)

1986 c. 5.

(2)

1949 c. 75.