Regulation 8 Failure to secure undertaking or to give notice

(1)

This regulation applies where, at any time after these Regulations come into force and before the end of the restriction period—

(a)

an apple, pear, peach or nectarine tree is planted on any part of a former orchard or the area of any retained orchard is increased; and

(b)

any person obliged to secure an undertaking referred to in paragraph (1) of regulation 6 above either—

(i)

fails to secure the undertaking; or

(ii)

secures the undertaking but fails to comply with any of the requirements in respect of it specified in paragraph (2) of that regulation.

(2)

The person who has failed as described in paragraph (1)(b) above shall pay to the appropriate Minister on demand an amount equal to the premium paid under the Council Regulation in respect of the grubbing up carried out on the former orchard.

(3)

In addition, the recipient of that premium, whether or not he is also liable to make a payment under paragraph (2) above, shall repay the premium to the appropriate Minister on demand.