Regulation 10 Transfer of the obligation to set aside to another farmerI1
Northern Ireland Not yet in force
Where a farmer transfers his set-aside requirement either in whole or in 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 Department shall accept that transfer as carried out in accordance with the plan where the transferee provides the evidence specified in the following paragraphs to the Department’s satisfaction.
For the purposes of this regulation, the “transferor” means the farmer who so transfers his set-aside requirement and the “transferee” means the other farmer to whom that requirement is so transferred.
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—
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;
waterside habitats within the meaning of the Habitat Improvement Regulations (Northern Ireland) 1995; or
a site of archaeological or historical importance,
or comprises a continuous area of land immediately adjoining an area 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 area of special scientific interest.
For the purposes of paragraph (3), land falls within a site of archaeological or historical importance if it comprises all or part of land which is or is associated with a historic monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995.
For the purposes of paragraph (3), an area of special scientific interest is an area declared by the Department of the Environment as an area of special scientific interest pursuant to Article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985f1.
Where a transferee shows to the satisfaction of the Department that he has set land aside as environmental transferred set-aside land in a given scheme year, he shall provide, in addition to any evidence he is required to provide by virtue of paragraph (3), evidence that—
the land set aside by him as environmental transferred set-aside land in the preceding scheme year (which was not also set aside by him as environmental transferred set-aside land in the pre-preceding scheme year) was also set aside by him in the given scheme year;
all land set aside by him as environmental transferred set-aside land in the pre-preceding scheme year (which was not also set aside by him as environmental transferred set-aside land in the pre-pre-preceding scheme year) was also set aside by him in the preceding scheme year;
all land set aside by him as environmental transferred set-aside land in the pre-pre-preceding scheme year (which was not also set aside by him as environmental transferred set-aside land in the scheme year immediately preceding the pre-pre-preceding scheme year) was also set aside by him in the pre-preceding scheme year; and
he is not using the land set-aside as environmental transferred set-aside land as land set aside for non-food purposes.
For the purposes of paragraph (6)—
“the preceding scheme year” means the scheme year immediately preceding the given scheme year referred to in that paragraph;
“the pre-preceding scheme year” means the scheme year immediately preceding the preceding scheme year; and
“the pre-pre-preceding scheme year” means the scheme year immediately preceding the pre-preceding scheme year.
Annotations
Commencement
- I1
Reg. 10 in operation at 12.12.1997, see reg. 1