Part II Nature Conservation, Countryside and National Parks

Miscellaneous and supplemental

C150 Payments under certain agreements offered by authorities.

1

This section applies where—

a

the Nature Conservancy Council offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act providing for the making by them of payments to—

i

a person who has given notice under section 28(5) or 29(4); or

ii

a person whose application for farm capital grant has been refused in consequence of an objection by the Council; or

b

the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority.

2

Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers.

3

If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator (or, in Scotland, an arbiter) to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall—

a

amend the offer so as to give effect to the arbitrator’s (or, in Scotland, the arbiter’s) determination; or

b

except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer.

4

In this section—

  • F1 “farm capital grant” has the same meaning as in section 32;

  • “management agreement” and “the relevant authority” have the same meanings as in section 41.