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THE RURAL STEWARDSHIP SCHEME

Section 7 Scheme rules not dealt with elsewhere in the booklet

7.1 How long will I be expected to sign up for?

Our hope is that farmers and crofters will remain in the Scheme for 10 years but you must undertake to follow the rules of the Scheme for at least 5 years. If everything goes well, we hope that you will agree, in due course, to extend your participation in the Scheme for a further 5 years to secure maximum conservation benefits. There is, however, no commitment on either side to go beyond the first 5-year period.

7.2 Once I have joined the Scheme, can I change my undertakings?

Generally no. You are legally bound to carry out your agreed RSS undertakings and the EC regulations governing the RSS do not allow variations. However it may be possible to allow some minor changes within your agreed proposals, for example, adjustments to the phasing of capital works or to the details of the areas of land. The minor changes will only be agreed if there is a valid reason and if it does not materially change the aim of the original commitment. Changes between estimated and actual lengths of linear features are dealt with in Section 6. Guidance on the measurement of areas to be entered into the Scheme that do not cover the whole of an existing field is given in the 'Notes on Completion' section of the Conservation Audit. However, in general:

• if you wish to withdraw from any of the undertakings, it may be necessary to repay any payments received plus interest (see Section 8);
• if you wish to undertake entirely new options, you will need to submit a further application.

You are strongly recommended to discuss the matter with your local SERAD office before committing yourself to any changes.

7.3 Can I still claim other Grants and Subsidies?

Yes, providing you can continue to meet the conditions of both the RSS and any other schemes in which you are participating and there is no possibility of conflict or double funding. Prior to claiming aid from different Schemes on the same area of land you must ensure that the rules and conditions of one Scheme do not prevent you from claiming aid from another Scheme. If in any doubt please contact your local SERAD Office. Double claiming is regarded as a serious offence. See Section 8 on breaching Scheme rules.

7.4 Will participation in the Scheme affect my IACS forage area?

Only land occupied on a permanent basis, i.e. owned or held under a secure tenancy agreement or management contract for at least a 5-year term, can be entered into the Scheme.

Generally such land should be available throughout the year but, if it is not, and it is to be counted as forage area for IACS purposes, the land must be available for use for maintaining livestock and producing a forage crop for at least 7 consecutive months starting anytime between 1 January and 31 March. It must also be available to your business on the 15 May. In all cases, the land must be available to you to graze animals on it or take a forage crop from it for at least 4 months (not necessarily consecutive). Where availability is for less than one year then the four months must be within the period when the land is used to produce a forage crop, either for storage or direct consumption by grazing livestock.

7.5 Can I continue to claim AAPS?

You can continue to claim Arable Area Payments on land entered into RSS, provided all other AAPS eligibility conditions are met. However, parts of arable fields entered into the RSS and taken out of production, for example as grass margins, beetlebanks, water margins and extended hedges, cannot be included in the area claimed under AAPS.

7.6 Will participation in the Scheme affect my Sheep quota?

If you make stock reductions as a result of habitat management requirements, other than as part of the stock disposal option, the normal rules on transfer and lease of quota will continue to apply.

These are set out in the SAP Notification of Permanent Transfer or lease of Quota Explanatory Leaflet available from your local SERAD office. In such circumstances, you will be exempt from the normal quota usage rule for the duration of your participation in the Scheme. The quota implications of participation in the stock disposal option are set out in Part 3, Section 12 of this Booklet.

7.7 Does participation in the RSS affect any other requirements to consult or obtain permission?

No, you must still comply with any statutory requirements to consult other bodies on conservation issues. For example, Scottish Natural Heritage must be notified when it is intended to undertake any work or management activity affecting a Natura 2000 site or a Site of Special Scientific Interest and Historic Scotland should be consulted before any work is carried out on a Scheduled Ancient Monument.

7.8 What happens if I can no longer meet the conditions of the Scheme?

If for any reason you find that you can no longer meet the conditions of the Scheme, you should notify your local SERAD office, in writing, immediately giving a full explanation of the position together with any relevant evidence.

Because of the requirements of European legislation you may be required to repay all or part of the payments you have received. The Department may also have to charge interest and, depending upon the nature of the breach of the conditions, may, in addition, have to apply a financial penalty. What happens in the event of failure to meet the conditions of the Scheme will depend on the circumstances of each case. (See Section 8 on breaches of Scheme rules).

7.9 What if failure to meet the Scheme conditions was not my fault?

If the failure to meet the Scheme conditions was for reasons that you could not reasonably have foreseen, or was due to circumstances beyond your control, the Department can decide not to seek repayment or apply a financial penalty. These circumstances are known as "force majeure". Each case will be considered on its merits but circumstances that could count as "force majeure" include a severe natural disaster, compulsory purchase order, accidental destruction of buildings for livestock or the death or long-term incapacity of the farmer.

7.10 Can I sell or lease all or part of the land entered into the Scheme?

If during the 5-year period of the undertaking, you decide to sell or lease all or part of the land, you should inform your local SERAD office as soon as possible and within 3 months of the change of occupancy occurring. Normally it will be possible for the new owner or tenant to take over your undertakings but if, within 3 months from the date of occupation, this has not taken place, the Department may be obliged, under the provisions of the relevant European legislation, to reclaim all or part of the payments you have received, with interest. (See Section 8 on breaches of Scheme rules). If you wish to sell or lease any of your land it would, therefore, be very much in your interest to seek or persuade the incoming farmer or crofter to take over your undertakings. If the successor is agreeable to taking over your RSS undertaking, he should complete a Successor Application form (which you will also have to sign), available from your local SERAD office.

7.11 What happens if I acquire additional land?

If, during your participation in the RSS, you acquire additional land that will be managed as part of a unit currently in the RSS, the options available to you, the effect this may have on your existing RSS undertaking, and the action you must take are as follows:

• If the new land is already entered into the RSS: You can if you wish, apply to take on the RSS obligations of the previous occupier which relate to the area of land you have acquired. You should apply, (using a Successor Application Form available from your local SERAD office) at the earliest opportunity and not later than 3 months after the date you acquire the land.

It may be possible to extend your existing RSS undertaking to include the transferred obligations. However, this can only be approved if the following conditions are met:

i. The area of new land must be significantly less than your existing unit entered into the RSS, or not more than 2 ha, and

ii. Your existing RSS undertaking has at least the same period or longer to run than the remaining period of the new undertaking.

If the above conditions cannot be met, both undertakings will run concurrently until your original 5-year period is completed. If you wish to continue for a further 5 years, your original undertaking can then be adjusted to include the transferred undertakings. Otherwise, you have the right to withdraw from both sets of undertakings at the end of their respective 5-year periods. It is important to note, however, that even if only one of the undertakings is still running, the General Environmental Conditions and the requirements of Good Farming Practice will continue to apply across the whole of the unit, including the acquired land, until the final 5 year period is completed.

The normal rules on payment ceilings apply, i.e. the ceilings will continue to be applied per IACS business and not per undertaking.

• If the acquired land is not part of an existing RSS undertaking: The General Environmental Conditions and the requirements of Good Farming Practice will also apply to the new land. To enable this to be registered, you must complete a new RSS application form (available from your local SERAD office) and have an Environmental Audit carried out over the new land. The completed Audits should be returned to your local SERAD office at the earliest opportunity and not later than 3 months after the date you acquire the land. The normal window period for applications does not apply. You will be able to claim reimbursement for the Audit costs as set out in Part 6, Section 1.

If you wish to undertake any RSS management, creation or capital options on the new land, you will have to submit a new application, which will be subject to the normal RSS application procedures.

7.12 Can I appeal if the Department decides to recover payments from me or impose a penalty?

Yes. If you feel that SERAD did not reach the correct decision in your case or you do not fully understand the decision, you should contact your local SERAD office for a fuller explanation. If you are not satisfied with the explanation given and wish the decision to be reviewed, you should initiate the appeals procedure as outlined below:

• Check that you have the right to appeal. For instance, a decision on eligibility to join a scheme would not be grounds for you to lodge an appeal.
• If you have grounds for lodging an appeal, submit your appeal within 60 calender days from the date on SERAD's decision letter using the standard application form AP1, which can be obtained from your local SERAD office.
• Send the completed form (AP1) to the Appeals Secretariat, SERAD, 47 Robb's Loan, Edinburgh, EH14 1TY.

The Appeals Secretariat will register your appeal and acknowledge receipt. Further information regarding the appeals procedure is contained in the Appeals Information leaflet, AP(EL) which can be obtained from your local SERAD office.

7.13 What if I have a complaint?

If you have a complaint about the service we provide, you should proceed as follows:

First get in touch with the person dealing with your case. You can register a complaint by letter, by telephone, or in person. If you want your complaint considered by a more senior officer, please write to the Principal Agricultural Officer at your local SERAD office. It will help us to investigate your complaint if you set out the facts as fully as possible. We will acknowledge your complaint by return, investigate it fully, and aim to reply within 2 weeks.

If for any reason you remain dissatisfied, please write to us at SERAD Headquarters.

• If you feel that the service you have received from the Area Office staff has not been satisfactory, you should write to the Chief Agricultural Officer, SERAD, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY, who will investigate the matter further.
• Alternatively, if your concern is that the rules of this Scheme are unfair or have not been properly applied in your case, you should write to the Head of Conservation Branch, PEP Division (1), SERAD, Pentland House, 47 Robb's Loan, Edinburgh EH14 ITY.

You may of course also write to the Minister for Rural Development at the Scottish Executive, St Andrew's House, Regent Road, Edinburgh EH1 1DG. You may also contact your Member of the Scottish Parliament, Member of Parliament (or if you prefer, any other MSP or MP) and ask for your complaint to be passed to the Parliamentary Commissioner for Administration (the Parliamentary Ombudsman) who is entirely independent of the Government. However, he can only act when asked to do so by a MSP or MP.

On the other hand, if you are satisfied with the service we have provided, or wish to highlight some exceptional performance, we would be happy to hear from you. Should you have suggestions about how we can build upon the service we provide, these will also be welcomed.

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