Regulation 7 Change of occupation

(1)

Where on the death of the beneficiary or otherwise, there is a change of occupation of the entirety or any part of that beneficiary’s land which is or will be subject to access obligations—

(a)

the beneficiary (or, if he has died, his executors) shall notify the Secretary of State in writing of the change of occupation within three months of its occurrence 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)

the new occupier of that land or part may give an undertaking to the Secretary of State to comply with the access obligations relating to that land or part for the remainder of the access period.

(2)

The Secretary of State shall not accept an undertaking referred to in paragraph (1)(b) above unless he is satisfied that the new occupier occupies the land or part as an owner or tenant or as the executor of the original occupier.

(3)

A new occupier who gives an undertaking to comply with the access 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 access obligations undertaken by the original occupier—

(a)

the new occupier shall be deemed to be a beneficiary and, subject to paragraph (5) below, shall be entitled to payments of aid in place of the original occupier for the remainder of the access period; and

(b)

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

(5)

Where there is a change of occupation of part of the land subject to access obligations, and the Secretary of State has accepted an undertaking given under paragraph (1)(b) above by the new occupier of that part, the new occupier shall be entitled to payments of aid in the same proportion as the area of such land occupied by him bears to the area of such land occupied by the original occupier prior to the change of occupation.

(6)

Where within 3 months from the date of change of occupation a new occupier has not given an undertaking to comply with the access obligations assumed by the original occupier, the Secretary of State may—

(a)

withhold the whole or any part of any payments due to the original occupier;

(b)

recover from that original occupier or his executors the whole or any part of any payments of aid already made to him; and

(c)

treat as terminated the undertakings given by the original occupier under these Regulations.

(7)

Paragraph (6)(a) and (b) above shall not apply where the change of occupation of the entirety or any part of the beneficiary’s land which is subject to access obligations is the result of—

(a)

the compulsory purchase of that land or part;

(b)

the death of the original occupier, and

(i)

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

(ii)

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

(c)

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

(d)

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 referred to in section 24(1) of that Act, or the termination of a tenancy following service of a notice to quit under section 22(2)(b) of that Act;

(e)

the resumption of a 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

(f)

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.

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).