{ "url": "https://openlegislation.uk/arable-area-payments-regulations-1995/regulation-9", "json_url": "https://openlegislation.uk/arable-area-payments-regulations-1995/regulation-9.json", "legislation": "uksi/1995/1738", "legislation_title": "The Arable Area Payments Regulations 1995", "legislation_url": "https://openlegislation.uk/arable-area-payments-regulations-1995", "path": "regulation/9", "kind": "regulation", "number": "9", "heading": "Transfer of the obligation to set aside to another farmer", "text": "(1) Where a farmer transfers his set-aside requirement either in whole or part to another farmer purportedly in compliance with the plan submitted by the United Kingdom to the Commission of the European Communities pursuant to the second indent of Article 7(7) of Council Regulation 1765/92 as read with Article 10 of Commission Regulation 762/94, the Minister shall accept that transfer as carried out in accordance with the Plan where the transferee provides the evidence specified in the following paragraphs of this regulation to the Minister’s satisfaction.\n(2) For the purposes of this regulation, the “transferor” means the farmer who is so transferring his set-aside requirement and the “transferee” means the farmer to whom that requirement is so transferred.\n(3) The transferee shall provide evidence that all the land which is set aside by him to satisfy the set-aside requirement of the transferor falls within—\n(a) a location within the coverage of the restriction as to distance referred to in the second indent of Article 7(7) of Council Regulation 1765/92, as read with Article 10(9) of Commission Regulation 762/94;\n(b) a Nitrate Sensitive Area as designated (in England and Wales) by the Nitrate Sensitive Areas (Designation) Order 1990 or (in Scotland) under Section 31B of the Control of Pollution Act 1974 as it applies to Scotland;\n(c) a site of archaeological or historical importance; or\n(d) (in Scotland) a water features protection area,\nor comprises a continuous area of land immediately adjoining a site of special scientific interest or a site of archaeological or historical importance, with (in the former case) at least 25% of the length of the boundary of that continuous area of land being contiguous with the boundary of that site.\n(4) For the purposes of paragraph (3) above, land falls within a site of archaeological or historical importance if it comprises all or part of—\n(a) an Ancient Monument which is included in the schedule compiled by the Secretary of State pursuant to section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979;\n(b) an area designated as an area of archaeological importance by the Secretary of State under section 33 of the Ancient Monuments and Archaeological Areas Act 1979;\n(c) an area in England and Wales in respect of which the transferee supplies evidence satisfactory to the Minister (to the extent that it is not already available to him) showing—\n(i) that the responsible officer of a local authority in whose area it lies considers management of it as set-aside land to be of potential archaeological value; and\n(ii) that it comprises all or part of a site listed in a register of sites of archaeological interest maintained by that local authority; or\n(d) an area in Scotland in respect of which the transferee supplies evidence satisfactory to the Minister (to the extent that it is not already available to him) showing that it is listed in a register of sites of archaeological interest maintained by a public authority.\n(5) For the purposes of paragraph (3)(d) above, a water features protection area is an area in Scotland which is adjacent to a water feature, and in respect of which the transferee provides evidence satisfactory to the Minister (to the extent that it is not already available to him) showing that the management of that area as set-aside land would have a beneficial effect on the ecological status of that water feature, and “water feature” means any river, loch, wetland or other similar feature.\n(6) For the purposes of paragraph (3) above, a site of special scientific interest is an area of special scientific interest as notified pursuant to section 28(1) of the Wildlife and Countryside Act 1981 or an area to which section 29(3) of the same Act applies.\n(7) Where a transferee sets land aside as environmental transferred set-aside land, he shall provide (in addition to any evidence he is required to provide by virtue of the previous provisions of this regulation) evidence that—\n(a) he is satisfying the set-aside requirement in relation to his holding by setting land aside as flexible set-aside land;\n(b) all land set aside by him as environmental transferred set-aside land in the two scheme years immediately before the previous scheme year remained set aside for at least two consecutive scheme years; and\n(c) any land set aside by him as environmental transferred set-aside land in the previous scheme year has been set aside again in the current scheme year.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "S.I. 1990/1013." }, { "type": "footnote", "label": "f2", "text": "1974 c. 40; section 31B as it applies to Scotland was inserted by the Water Act 1989 (c. 15), section 169 and Schedule 23." }, { "type": "footnote", "label": "f3", "text": "1979 c. 46." }, { "type": "footnote", "label": "f4", "text": "1981 c. 69." } ], "outstanding_effects": [ { "type": "substituted", "affecting": "uksi/1995/2780", "affecting_title": "The Arable Area Payments (Amendment) Regulations 1995" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/1995/1738/regulation/9", "retrieved_at": "2026-10-29T13:06:06.588245+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }