Regulation 10 Change of occupation

(1)

Where there is a change of occupation, during the extensification period, of the whole or any part of a beneficiary’s holding—

(a)

the beneficiary (or, if he has died, his executors) shall within 3 months notify the Secretary of State in writing of the change of occupation, and shall supply to the Secretary of State such information relating to that change of occupation in such form and within such period as the Secretary of State reasonably may determine;

(b)

subject to the provisions of this regulation, the new occupier of that holding or part may give an undertaking in writing to the Secretary of State to comply, for the remainder of the extensification period, with the extensification obligations assumed by the original occupier relating to that holding or part.

(2)

Where there is a change of occupation of part of a holding the Secretary of State shall determine the extent to which the extensification obligations assumed by the original occupier relate to that part.

(3)

A new occupier who gives an undertaking to comply with the extensification obligations assumed by the original occupier shall supply to the Secretary of State such information in such form and within such period following the change of occupation as the Secretary of State reasonably may determine.

(4)

Where the Secretary of State has accepted an undertaking from a new occupier to comply with the extensification obligations undertaken by the original occupier—

(a)

the new occupier shall be deemed to be a beneficiary; and

(b)

his undertaking to comply with those extensification obligations shall be deemed to take effect on the date of the acceptance by the Secretary of State of that undertaking.

(5)

Where within three months from the date of change of occupation a new occupier has not given an undertaking to comply with the extensification obligations assumed by the original occupier, the Secretary of State may—

(a)

withhold the whole or any part of any payments of aid under the scheme due to the original occupier; and

(b)

recover from that original occupier or his executors the whole or any part of any payments of aid under the scheme already made to him.

(6)

Paragraph (5) above shall not apply where the change of occupation of a holding or part of a holding is the result of—

(a)

the compulsory purchase of that holding or part; or

(b)

the compulsory purchase of part of a holding and the beneficiary continues to comply with his extensification obligations, as adjusted in accordance with paragraph (7) below, in respect of the remaining part of the holding;

(c)

the death of the original occupier, and—

(i)

that original occupier occupied that holding or part as a tenant; and

(ii)

following the death of that original occupier the tenancy or lease under which he occupied that holding or part was terminated by the landlord under sections 11(6) or 12(3) of the Agricultural Holdings (Scotland) Act 1991;

(d)

resumption by the landlord under section 21(7)(a) of the Agricultural Holdings (Scotland) Act 1991;

(e)

the termination of a tenancy following the operation of a notice to quit to which the Land Court has consented under section 22(1) of the Agricultural Holdings (Scotland) Act 1991 having been satisfied as to any of the matters specified in section 24(1) of that Act, or the termination of a tenancy following the service of a notice to quit under the provisions of section 22(2)(b) of that Act;

(f)

the resumption of the croft or part thereof which the Land Court has authorised as being for a reasonable purpose in terms of section 20 of the Crofters (Scotland) Act 1993; or

(g)

the resumption of a small landholding or part thereof which the Land Court has authorised as being for a reasonable purpose in terms of section 2 of the Crofters Holdings (Scotland) Act 1886^f1.

(7)

Where all or part of the land which has been compulsorily purchased was used for grazing or forage on a participating production unit, the area so used shall be subtracted from the total area required to be used for the purposes of grazing or forage by the beneficiary and the stocking rate adjusted accordingly.

(8)

For the purposes of this regulation—

(a)

in its application to a common grazing “change of occupation” includes the apportionment to a crofter of any land from the common grazing during the period of the scheme but does not include a change in the membership of the grazings committee;

(b)

in relation to any change of occupation “original occupier” means the occupier immediately before such change.

Annotations

Footnotes

f1: 1886 c. 29; section 2 is to be read with the Small Landholders (Scotland) Act 1911 (c. 49), section 19, and the Small Landholders and Agricultural Holdings (Scotland) Act 1931 (c. 44), section 8(1).