The Scottish Government

« Previous | Contents | Next »

Listen

SECTION 4 - Other information

Supporting information

Options 1, 2, 3, 4, 5, 15 (access capital items) , 16 and 17

For these options you need to send us supporting information to show that you have met the relevant requirements. We will send you a single claim form in January 2006. Fill this in and deliver it to your area office between 1 February 2006 and 31 March 2006 along with the supporting information. We will accept claims which include activities carried out between 31 march and 15 May 2006" i.e. outwith the main claim period.

We need the original invoices and evidence that you have made the expenditure. We will return these to you and you must keep them until 2012. We can only accept correctly receipted invoices.

Your invoice must show:

• your supplier or contractor's name and address. Your business name and address as the customer;
• details of goods and services purchased and supplied. Show separate costings for each approved option, and VAT details where appropriate. The date when the supplier or contractor delivered the goods and/or services to you;
• the total amount of the invoice;
• the amount paid by you in figures or words. If this differs from the total invoice amount, it must provide information to explain the difference (such as the amount of any discount, or credit or hire purchase charges);
• the signature and stamp of the supplier or contractor receiving payment (or their employee).

If you have settled an invoice for over £500 by cash, you must send us additional evidence of payment. This might be a separately numbered receipt from the supplier's accounts or an accountant's statement.

Options 6-14 and 15 (access - path maintenance only)

These options do not require any supporting evidence. The area claimed on your application form section 4 column F will be multiplied by the option rates to give a payment.

Payments

Payment under the Menu Scheme will be made in arrears, after the relevant undertakings have been completed by you. One payment will be made per application from April 2006 providing the claim forms have been returned with all supporting documentation to allow final processing.

Payment method

The Menu Scheme claims will be paid using the Bankers Automated Clearing System ( BACS). We will already have your bank details if you have previously received a payment for any other IACS scheme or agri-environment scheme (e.g. RSS or CPS).

If you have not previously supplied this information you should obtain and complete a BACS (1) form and return it to your local SEERAD area office as quickly as possible. This also applies if you need to change the details we hold.

Inspections

We may inspect your land to verify the on-farm position. If so, we will require access to all relevant documents. Failure to permit an inspection could result in the loss of payment under the Menu Scheme and you might also risk prosecution.

It is a condition of the scheme that you must allow SEERAD and European Commission staff, or representatives, access to land, animals and records at any reasonable time for the purposes of establishing compliance with the terms of the scheme. If you refuse to co-operate, or if you obstruct an inspecting officer or fail to give reasonable assistance, we will not pay you and you may be prosecuted.

Inspection information

Summary of inspections evidence

Options 1-15

Inspection will involve the examination of documentary evidence relating to these prescriptions, assessment of the management practices and the measurement of the areas or lengths claimed.

Option 15-Access

We will inspect the route covered by this option. We will check that the route shown on the map offers unrestricted access. We will also check that you have installed any capital items claimed. In both cases we will check that you have met the requirements set down in Annex G.

If these checks reveal a breach, we will allow you one year to comply. If you do not take the necessary action within this time, we will not pay you.

Option 16-Farm Woodland Plan

When we receive your plan, we will send a copy to Forestry Commission Scotland ( FCS) for comment. They may need to visit the woodlands and would contact you to arrange this. If they find that your plan is not representative or is not fit for purpose, we will not pay you.

Option 17-Farm Woodland Management

We may inspect the land covered by this option. We will check that the condition and management of the woodland meets the standard for Sustainable Farm Woodland Management ( Annex H) and that you have done the necessary work as indicated in the approved plan.

Withdrawal from the scheme

If you withdraw from a Menu Scheme option which has a 5 year commitment, we will take appropriate measures ( except where 'force majeure' applies). If you want to withdraw from any five-year option you should write to your SEERAD area office explaining why. You will normally need to repay any menu-scheme payments you have already received, plus interest. You may also have to pay a penalty.

Selling or leasing all or part of your holding

If the new occupier of the land does not take on the Menu Scheme obligations you have committed to, you will normally need to repay all or part of the menu-scheme payments you have already received, plus interest.

Change of occupiers under a joint application

If a tenant or licensee stops having control over the land during the five years of an option, the landlord or new tenant must enter into a 'successor's agreement' within three months of the tenancy or licence ending. If the successor's agreement is not completed within three months the original tenant or licensee would have to repay the scheme payments already paid, with interest. Depending on the circumstances, the tenant or licensee may have to pay a penalty.

You must let your SEERAD area office know about any changes affecting the legal occupiers of the land the scheme applies to.

Breaking the scheme rules and conditions

If you find that you can no longer meet the conditions of the Scheme, write to your area office explaining why and providing any relevant evidence.

You may have to pay back some or all of the payments we have made to you, plus interest. You may also have to pay a penalty. At times we may not expect you to pay us anything. This is where you can provide evidence that the reason for the failure meets the strict conditions of 'force majeure' (see below).

'

Force Majeure'

The term 'force majeure' means circumstances beyond anyone's control which affect your ability to keep to the scheme rules and conditions. 'Force majeure' includes:

• the death of the farmer;
• the farmer being unable to work over the long-term because of ill health;
• a large part of the land being taken for public use (if this could not have been known about on the day the option was chosen); and
• a severe natural disaster seriously affecting the agricultural land on the holding.

We will consider each case on its merits. But for a situation to be considered as 'force majeure' you must write to your area office within 10 days of being able to do so.

Penalties

Scheme breaches and penalties

A breach is where you have failed to meet the rules of the scheme. Our response to a breach will depend on its seriousness. We will issue a warning letter for very minor breaches, but we will recover payments and charge penalties for the most serious cases.

Seriousness of the breach

We will take several factors into account when assessing the seriousness of a breach. SEERAD can impose one or more of the following sanctions:

• the withholding of payments due to you;
• recovery of payments already made plus interest;
• termination of your undertaking;
• the addition of a penalty;
• a exclusion from some other Rural Development Scheme for up to 2 years.

Good Farming Practice ( GFP), Good Animal Husbandry ( GAH) and General Environmental Condition ( GEC) Penalties

You must meet the requirements set out at Annex J. If you do not, you may lose all or part of your scheme payment. We may issue a warning letter for a negligent breach that has a small effect and you can put right, but remove all subsidy for an intentional breach that has a permanent effect both on and off the farm. Full details will be available shortly from your area office or our website ( www.scotland.gov.uk/menuscheme).

Repayment

If we discover you have been paid money under LMCMS 2005 to which you are not entitled, you will have to repay the amount in full. If the over-payment occurs through a breach of the scheme conditions, SEERAD will charge interest from the date of notification of the overpayment until full recovery, including interest, has been achieved.

Release of subsidy and recipient information

The Scottish Executive is bound by the terms of the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.

It is the policy of the Scottish Executive to release information about the amounts of subsidy and the new recipients for the new Single Farm Payments Scheme and the new schemes under the Rural Development Regulation. We will process personal data we receive in line with the Data Protection Act 1998, but claimants should be aware that the particular information mentioned above will generally be disclosed.

We will also protect other personal data we receive in line with the Data Protection Act 1998. We will use the data provided in the CAP subsidy application primarily for the purpose of processing the applications. However, personal data may also be used subject to the safeguards of the 1998 Act for purposes connected with:

• administration of the Common Agricultural Policy;
• SRDP and other aid schemes;
• the production and safety of food;
• management of land and other environmental controls;
• provision of services to businesses;
• animal health and welfare; and
• occupational health and welfare.

Data may be passed (when necessary for these purposes) to other bodies. For example to Customs and Excise for import or export purposes, or to local authorities for milk or health purposes. Data may also be used for statistical purposes, not identifying individuals, which may reduce the need for some statistical data collection. It may also be used when necessary to comply with the Freedom of Information Act or the Environmental Information Regulations noted on page 29.

Appeals and complaints

If you feel that we have made an incorrect decision on your subsidy claim, you may appeal under the EU Agriculture Subsidy appeals procedure.

If you wish to complain about our standard of service, procedures or processes you may do so using our complaints procedure.

The IACS explanatory guidance booklet provides more details about both these procedures.

Legal base

We are introducing the Land Management Contract Menu Scheme in 2005 under EC Regulation 1257/1999 as amended by Regulation 1783/2003.

« Previous | Contents | Next »