Regulation 6 Sale, transfer etc. of former orchard

(1)

This regulation applies where, for the purposes of Article 3.2 of the Commission Regulation, an undertaking has been given in relation to an application for premium, by the owner or occupier of a former orchard, the effect of which is that, in the event (during the restriction period) of the sale, leasing or transfer by any other method of the areas of the holding affected by the grubbing up operation, there shall be secured from any new occupier an undertaking—

(a)

to refrain during the restriction period from planting any apple, pear, peach or nectarine trees on the area of the holding affected by the grubbing up operation;

(b)

to refrain during that period from extending any other area of his holding planted with apple, pear, peach or nectarine trees; and

(c)

to secure from his successor an undertaking the effect of which is to impose on the successor the obligations imposed by the undertaking referred to in this paragraph.

(2)

Where a person secures an undertaking of the type referred to in paragraph (1)(c) above from any new occupier, and where any subsequent occupier secures such an undertaking, he shall—

(a)

give written notice to the person from whom he secured it of the consequences under these Regulations of not fulfilling it; and

(b)

forward the undertaking to the appropriate Minister; together with—

(i)

a copy of that written notice;

(ii)

particulars of the giving of the written notice; and

(iii)

particulars of the change of occupancy in respect of which the undertaking was secured.