The Arable Area Payments Regulations 1996

Reduction or cancellation of compensatory payments for breach of Schedule 2 and 3

15.—(1) In the event of a breach by a farmer of any requirement of or prohibition imposed by Schedule 2 (other than those set out in its paragraphs 13(2)(b) and (c), 16(1) and 21) or by paragraph 2 of Schedule 3, the set-aside compensatory payment shall be reduced in relation to each part of an agricultural parcel in respect of which any such requirement or prohibition has been breached, by the greater of–

(a) £100; and

(b) £100 multiplied by the area of that part of that parcel (measured in hectares to the nearest 0.01 hectare) in respect of which the requirement or prohibition concerned is breached.

(2) Any reduction in the set-aside compensatory payment made by virtue of paragraph (1) above by reason of a breach of paragraph 2 of Schedule 3 shall have effect notwithstanding the exclusion of civil liability–

(a) (in England and Wales) for the contravention of a code of practice approved or having effect as if approved under section 97 of the Water Resources Act 1991(1) provided for in paragraph (2) of that section; or

(b) (in Scotland) for the contravention of a code of practice approved under section 51 of the Control of Pollution Act 1974(2) provided for in paragraph (2) of that section.

(3) In the event of a breach by a farmer of any prohibition imposed by paragraph 21 of Schedule 2 or paragraph 1 of Schedule 3, the set-aside compensatory payment he shall be entitled to receive shall be reduced by–

(a) £100 for each feature (other than a linear feature) which, in contravention of that prohibition, he damages, destroys or removes; and

(b) the greater of–

(i) £100; and

(ii) £1 multiplied by the length measured to the nearest whole metre of the feature concerned,

for each linear feature which, in contravention of that prohibition, he damages, destroys or removes.

(4) For the purposes of paragraph (3) above–

(a) subject to sub-paragraph (b) below, a linear feature is a hedge, row of trees, ditch or watercourse; and

(b) where two or more parts of such a linear feature, not immediately adjacent to each other, are damaged, destroyed or removed, each shall be treated as a separate linear feature.

(5) Where–

(a) a farmer sows or makes preparations for sowing an arable crop, temporary grass ley, traditional forage crop or other permitted crop, in contravention of paragraph 13(2)(b) or (c) of Schedule 2, or fails to comply with any requirement of paragraph 16(1) of Schedule 2; and

(b) the area of set-aside land on which the contravention or failure referred to in sub-paragraph (a) above occurred is not, by virtue of the operation of paragraph (2) of Article 9 of Commission Regulation 3887/92, to be treated as an area in regard to which all the obligations referred to in that paragraph have not been met,

the set-aside compensatory payment he shall be entitled to receive shall be reduced by the amount by which it would have been reduced had the area been so treated.

(6) In the event of a breach by the farmer of any requirement or prohibition imposed by paragraph 3 of Schedule 3, no set-aside compensatory payment shall be paid in respect of the land no longer to be used for the provision of specified raw materials.

(7) Where a farmer has already been paid all or part of the compensatory payment to which he would have been entitled but for the application of this regulation, any amount by which the compensatory payment which he has received exceeds that to which, following the application of this regulation, he is entitled shall be treated as if it were a wrong payment which fell to be recovered in accordance with Article 14(1) of Commission Regulation 3887/92 and regulation 4A of the Integrated Administration and Control System Regulations 1993(3).

(1)

1991 c. 57; section 97 was amended by the Environment Act 1995 (c. 55), section 120 and Schedule 22, paragraph 128.

(2)

1974 c. 40; section 51 was substituted by the Water Act 1989 (c. 15) section 169 and Schedule 23, paragraph 5.

(3)

S.I. 1993/1317, amended by S.I. 1994/1134.