The Organic Farming (Aid) Regulations 1994

Change of occupation

8.—(1) Where there is a change of occupation, during the specified period, of the whole or any part of a beneficiarys holding by reason of the devolution of that holding or part on the death of that beneficiary, or otherwise—

(a) the beneficiary (or, if he has died, his personal representatives) shall within three months notify the Minister in writing of the change of occupation, and shall supply to the Minister such information relating to that change of occupation in such form and within such period as the Minister may reasonably determine;

(b) subject to the provisions of this regulation, the new occupier of that holding or part may give an undertaking to the Minister to comply, for the remainder of the specified period, with the obligations assumed by the beneficiary under an application relating to that holding.

(2) Where there is a change of occupation of part of a holding, the Minister shall determine the extent to which the obligations assumed by the beneficiary relate to that part, having regard to—

(a) the area of land comprised in that part and in the remainder of the original holding, and

(b) the use to which that part is put.

(3) The Minister shall not accept an undertaking from a new occupier of a holding or part of a holding to comply with obligations assumed by a beneficiary unless the Minister is satisfied that the new occupier occupies that holding or part as an owner or tenant, or as the personal representative of the beneficiary.

(4) A new occupier who gives an undertaking to comply with the obligations assumed by the beneficiary shall supply to the Minister such information in such form and within such period following the change of occupation as the Minister may reasonably determine.

(5) Where the Minister has accepted an undertaking from a new occupier to comply with the obligations undertaken by a beneficiary—

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

(b) his undertaking to comply with the obligations undertaken by the original beneficiary shall be deemed to take effect on the date of the acceptance by the Minister of that undertaking.

(6) Where within three 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 Minister may—

(a) withhold the whole or any part of any payments of aid 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 already made to him.

(7) Paragraph (6) 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 death of the original beneficiary, and—

(i) that original beneficiary occupied that holding or part as a tenant; and

(ii) following the death of that original beneficiary the tenancy or lease under which he occupied that holding or part was terminated by the landlord.