# Countryside Access Regulations (Northern Ireland) 1996, Regulation 6: Change of occupation


(1) Where in the period of duration of the undertaking referred to in regulation 3 there is a change of occupation of the whole or any part of a beneficiary’s farmland or farm lane which is subject to management requirements set out in the Schedule—
(a) the beneficiary (or, if he has died, his personal representatives or the occupier of the farmland or farm lane) shall within 3 months notify the Department in writing of the change of occupation, and shall supply to the Department such information relating to that change of occupation in such form and within such period as the Department may reasonably determine;
(b) subject to the provisions of this regulation, the new occupier of that farmland or farm lane may give an undertaking to the Department to comply, for the remainder of that period with the obligations assumed by the original beneficiary.
(2) The Department shall not accept an undertaking from a new occupier of farmland or farm lane to comply with obligations assumed by a beneficiary unless it is satisfied that that new occupier occupies that farmland or farm lane as an owner or tenant or as the personal representative of that beneficiary.
(3) A new occupier who gives an undertaking to comply with the obligations assumed by the original beneficiary shall supply to the Department such information in such form and within such period following the change of occupation as the Department may reasonably determine.
(4) Where the Department has accepted an undertaking from a new occupier to comply with the obligations assumed by the original beneficiary his undertaking to comply with the such obligations shall be deemed to take effect on the date of the acceptance by the Department of that undertaking.
(5) Where within 3 months from the date of change of occupation a new occupier has not given an undertaking to comply with the obligations assumed by the original beneficiary, the Department may:
(a) withhold the whole or any part of any payments of aid under these Regulations due to the original beneficiary; and
(b) recover from that original beneficiary or his personal representatives the whole or any part of any payments of aid under these Regulations already made to him.
(6) Paragraph (5) shall not apply where the change of occupation of the farmland or farm lane is the result of:
(a) the compulsory purchase of the farmland or farm lane; or
(b) the death of the original beneficiary; and
(i) that original beneficiary occupied that farmland or farm lane as a tenant; and
(ii) that tenancy determined on the death of that original beneficiary or was terminated by the landlord following that death.

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Source: https://www.legislation.gov.uk/nisr/1996/213/regulation/6 (the official version)
Page: https://openlegislation.uk/countryside-access-regulations-northern-ireland-1996/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.