{
  "url": "https://openlegislation.uk/arable-area-payments-regulations-1995/schedule-1/paragraph-1",
  "json_url": "https://openlegislation.uk/arable-area-payments-regulations-1995/schedule-1/paragraph-1.json",
  "legislation": "uksi/1995/1738",
  "legislation_title": "The Arable Area Payments Regulations 1995",
  "legislation_url": "https://openlegislation.uk/arable-area-payments-regulations-1995",
  "path": "schedule/1/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "In the following special cases a farmer shall be entitled to claim set-aside compensatory payment on land in England or Wales that he has not farmed for a period of two years prior to the commencement of the set-aside period:\n(a) during the specified period, he—\n(i) inherited the land;\n(ii) was granted an agricultural tenancy from year to year of it by succession; or\n(iii) having owned the land for at least two years at the commencement of the set-aside period, commenced farming it following the termination of an agreement with another farmer under which that other farmer farmed the land;\n(b) the land forms part of a unit of sixty hectares or more of agricultural land of which he acquired ownership or relevant tenure during the specified period—\n(i) in a single transaction; or\n(ii) in more than one transaction, where the land thereby acquired formed part of the same unit of agricultural land immediately prior to the first such transaction;\n(c) during the specified period he acquired ownership or relevant tenure of the land and at the commencement of the set-aside period he owned, or occupied under relevant tenure, no more than fifteen hectares of other agricultural land;\n(d) although he is the farmer of the land, he let the land to another person for a period of less than two years within that part of the specified period which preceded the set-aside period;\n(e) where—\n(i) more than 10 per cent of the eligible land farmed by him is normally farmed under one or more sharefarming agreements or under one or more agreements none of which constitute an agricultural tenancy from year to year; and\n(ii) the land, farmed by him under the agreements referred to in sub-paragraph (i) above, is situated in the vicinity of the other land farmed by him, and can be reasonably farmed as a single unit with such other land; or\n(f) he farms insufficient eligible land within any particular production region which he would (but for this provision) be entitled to set aside under Article 7 of Council Regulation 1765/92 and Commission Regulation 762/94 to be able—\n(i) to satisfy the set-aside requirement in respect of the total area on which he claims a compensatory payment; or\n(ii) to satisfy the set-aside requirement at the rate referred to in the third sub-paragraph of Article 7(1) of Council Regulation 1765/92, where the farmer intends to satisfy that requirement by setting land aside as flexible set-aside land,\nin which case he may set aside such additional eligible land within that production region as is necessary to enable him to comply with the set-aside requirement referred to in paragraph (i) or (ii) above (as the case may be).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/1996/1482",
      "affecting_title": "The Arable Area Payments (Amendment) Regulations 1996"
    },
    {
      "type": "substituted",
      "affecting": "uksi/1996/1482",
      "affecting_title": "The Arable Area Payments (Amendment) Regulations 1996"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/1738/schedule/1/paragraph/1",
    "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."
}