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THE RURAL STEWARDSHIP SCHEME

Section 8 Consequences of Non-Compliance with Scheme Rules and Conditions

8.1 Sanctions

Prior to agreeing to enter the RSS, you must be sure that you have the resources to undertake each of the options you have chosen and carry them out in the stipulated timescale. Failure to comply with any of your agreed proposals will be considered a breach of scheme conditions. Depending on the nature of the breach, the Department can impose one or more of the following sanctions: the withholding of any payments due to you, recovery of payments already made plus interest, termination of your undertaking, the addition of a penalty of up to 10% of the total EC reimbursable aid you were due to receive and a ban from entering another agri-environment scheme for 2 years.

8.2 Exceptional circumstances

The only exception to the above would be in cases of force majeure, i.e. where you could not reasonably have foreseen the cause for the non-compliance. In such cases, the Department can decide not to apply any of the above sanctions. 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.

8.3 Notifying SERAD

The sanctions to be applied in a breach case will be commensurate with the seriousness of the breach in terms of the damage caused and/or its significance to the overall aims of the approved proposals. Therefore, as soon as you are aware that you are unable to fulfil any part, or all of, your RSS obligations, you should notify your local SERAD office immediately in writing, giving a full explanation of the situation and enclosing any supporting evidence. If you fail to notify any non-compliance and it is picked up during a compliance inspection, this will be taken into account in determining the appropriate sanction. Serious breaches include: deliberate damage, providing false or misleading information and making a claim for works you have not undertaken. Sanctions in such cases will be at the top end of the scale and you may be liable to prosecution.

8.4 Withdrawal from Scheme

There is no right to withdraw from the Scheme without sanctions other than on completion of your agreed period in the scheme, normally 5 years, or where force majeure applies. If you wish to withdraw from the RSS, you should write to your local SERAD office explaining why you wish to do so. Normally you will be required to repay any RSS payments already made to you plus interest, including Environmental Audit and Moorland Management Plan payments. A penalty may also be applied.

8.5 Selling or leasing all or part of your unit

If the new occupiers of the land do not take on the RSS obligations applying to the land you will normally be required to repay all or part of the RSS payments you have already received plus interest. You must keep your local SERAD office advised of any changes affecting the legal occupiers of the land entered in the scheme.

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