The Habitats (Scotland) Regulations 1994

Change of occupation

9.—(1) Where there is a change of occupation, during the period of the scheme, of the whole or any part of a beneficiary’s farm–

(a) the beneficiary (or, if he has died, his executors) shall within 3 months notify the Secretary of State in writing of the change of occupation, 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; and

(b) subject to the provisions of this regulation, the new occupier of that farm or part may give an undertaking to the Secretary of State to comply, for the remainder of the time for which the original occupier undertook to comply with the Scheme, with the obligations assumed by the beneficiary under an application relating to that farm.

(2) Where there is a change of occupation of part of a farm, the Secretary of State shall determine the extent to which the obligations assumed by the beneficiary relate to that part, having regard to the location of the habitat site or sites.

(3) The Secretary of State shall not accept an undertaking from a new occupier of a farm or part of a farm to comply with the obligations assumed by a beneficiary unless he is satisfied that the new occupier occupies that farm or part as an owner or tenant, or as the executor of the beneficiary.

(4) A new occupier who gives an undertaking to comply with the obligations assumed by the beneficiary 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 reasonably may determine.

(5) Where the Secretary of State has accepted an undertaking from a new occupier to comply with the obligations undertaken by a beneficiary–

(a) the new occupier shall be deemed to be a beneficiary; and

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

(6) Where within 3 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 beneficiary, the Secretary of State may–

(a) withhold the whole or any part of any payments of aid under the scheme due to the original beneficiary; and

(b) recover from that original beneficiary or his executors the whole or any part of any payments of aid under the scheme already made to him.

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

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

(b) the death of the original beneficiary; and

(i) that original beneficiary occupied that farm or part as a tenant; and

(ii) following the death of that original beneficiary the tenancy or lease under which he occupied that farm or part was terminated by the landlord under sections 11(6) or 12(3) of the Agricultural Holdings (Scotland) Act 1991;

(c) resumption by the landlord under section 21(7)(a) of the Agricultural Holdings (Scotland) Act 1991;

(d) the termination of a tenancy following the operation of a notice to quit to which the Land Court has consented under section 22(1) of the Agricultural Holdings (Scotland) Act 1991 having been satisfied as to any of the matters specified in section 24(1) of that Act, or the termination of a tenancy following the service of a notice to quit under the provisions of section 22(2)(b) of that Act;

(e) the resumption of the croft or part thereof which the Land Court has authorised as being for a reasonable purpose in terms of section 20 of the Crofters (Scotland) Act 1993; or

(f) the resumption of a small landholding or part thereof which the Land Court has authorised as being for a reasonable purpose in terms of section 2 of the Crofters Holdings (Scotland) Act 1886(1).

(8) For the purposes of this regulation in its application to a common grazing “change of occupation” includes the apportionment to a crofter of any land from the common grazing during the period of the scheme but does not include a change in the membership of the grazings committee.

(1)

1886 c. 29; section 2 is to be read with the Small Landholders (Scotland) Act 1911 (c. 49), section 19, and the Small Landholders and Agricultural Holdings (Scotland) Act 1931 (c. 44), section 8(1).