Guidance

Countryside Stewardship Terms and Conditions (draft)

Published 11 December 2024

Applies to England

We are publishing a draft version of the Countryside Stewardship Higher Tier Terms and Conditions to provide as much information as possible to farmers and land managers.

We will publish the final version in advance of the first applications being made.

1. Introduction

1.1 Countryside Stewardship Higher Tier

Countryside Stewardship (“CS”) is a scheme run by the Rural Payments Agency (referred to below as “us”, “we, “our”) on behalf of the Department for Environment, Food and Rural Affairs (“Defra”). It is part of the Environmental Land Management Scheme under section 1 of the Agriculture Act 2020 and in conjunction with the Agriculture (Financial Assistance) Regulations 2021 (“Regulations”)

1.2 About these Terms and Conditions

(a) The CS agreement (the “Agreement”) comprises:

  (i) the Agreement Document, which describes the Agreement Land and the sum to be paid to you being the Grant for delivering the action(s) and capital items you have selected; 

  (ii) these “Terms and Conditions”, which are applicable to the payment of the Grant; and

  (iii) the Actions;

  (iv) Capital Items; and

  (v) the Countryside Stewardship Guidance that further explain the mandatory requirements of your Agreement as established by these Terms and Conditions.

(b) If there is any conflict between these Terms and Conditions, the Agreement Document, the Actions, the Capital Items and the Countryside Stewardship Guidance, these Terms and Conditions will be given priority.

(c) When the agreement holder (“you”) enters the Agreement, you are agreeing to the terms applicable to the payment of the Grant set out in the Agreement.

1.3 Why you should read the Terms and Conditions

You should read the Terms and Conditions carefully because they provide information including:

(a) how we will pay the Grant to you, as set out in your Agreement Document;

(b) how you or we may change or end the Agreement; and

(c) what you need to do if you cannot comply with your obligations under the Agreement.

1.4 References in the Terms and Conditions

(a) Definitions of terms that have capital letters are defined in this document when they are first referred to and can also be found in the definition of terms at the end of these Terms and Conditions.

(b) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(c) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

(d) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.

(e) A reference to a public organisation includes a reference to any successor to that public organisation.

(f) Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

1.5 The Countryside Stewardship Guidance

(a) We have published information relating to CS on GOV.UK being the Countryside Stewardship Guidance. The Countryside Stewardship Guidance includes:

  (i) information on the Actions;

  (ii) other scheme information and guidance that is not listed at condition 1.5(a)(i).

2. About Your Agreement

2.1 What you are declaring

By entering the Agreement you confirm that:

(a) the declarations made in your CS application for the Grant remain true and accurate to the best of your knowledge and belief;

(b) you have full capacity and authority to enter into the Agreement;

(c) you are not aware of any circumstances which would render you ineligible for the Grant or otherwise prevent you from fulfilling your obligations under the Agreement;

(d) you have read and understood and will comply with the Agreement;

(e) you have not received and will not receive any duplicate funding or allowances from other public sources in respect of the same obligations you are required to undertake under the Agreement;

(f) your obligations under the Agreement do not duplicate and will not duplicate any other legally binding obligations (except for any Stated Exemptions) you would otherwise be required to undertake;

(g) your obligations under the Agreement do not and will not conflict in whole or in part with any other legal or contractual obligations on you;

(h) all information provided by you to us in connection with the Agreement is and will remain true and accurate;

(i) you have disclosed to us all information which would or might reasonably be thought to influence us in making the Grant offer; and

(j) you will at all times comply with all relevant Law in the performance of your obligations under the Agreement.

2.2 You confirm that you have obtained and will maintain and comply with any permits, licences, permissions, consents, approvals, certificates and authorisations (whether statutory or otherwise) which are required:

(a) for the performance of your obligations under the Agreement; and

(b) for the protection of ancient monuments, archaeological sites, heritage sites, trees, historical sites on the Agreement Land and Sites of Special Scientific Interest (SSSIs).

2.3 You understand that the giving of any approval, consent or acknowledgement, or the review of any document or course of action by or on behalf of us does not relieve you of any of your obligations under the Agreement unless expressly permitted in writing by us.

2.4 You understand that it is an offence to knowingly or recklessly provide false or misleading information and that such conduct by you may attract criminal penalties.

2.5 You shall make your own enquiries as to the accuracy and adequacy of any information on which you rely in connection with the Agreement.

Agreement Period

2.6 The Agreement shall commence on the Agreement Start Date and, subject to any extension in accordance with condition 2.8 or earlier termination in accordance with condition 15, it shall continue in force until the Agreement End Date.

2.7 Where the Agreement Document specifies Multi-Year Actions of varying lengths, the terms of the Agreement shall apply in respect of the relevant Multi-Year Action from the Action Start Date until the Action End Date. Subject to any extension in accordance with condition 2.8, the Multi-Year Action will expire after the Action End Date and the relevant parcel of land shall no longer form part of the Agreement Land.

2.8 Where the term of the Agreement is 5 years and includes Multi-Year Actions, we may agree with you to extend the Agreement. Whoever is requesting the extension must make their request in writing, not less than one month before the expiry of the Agreement. Neither you or we shall be under any obligation to agree to an extension requested by the other. The extension shall take effect once it has been confirmed in writing by us.

2.9 For the avoidance of doubt, expiry or termination of the Agreement shall not affect each of our continuing obligations and your continuing obligations in accordance with condition 16 (Consequences of expiry or termination of your Agreement).

3. Management Control of the Agreement Land

3.1 You will have “Management Control” if you have sufficient control over how the Agreement Land is managed to complete the Actions and Capital Items you have selected. This is explained in the section about ‘Check if you have Management Control of land’ in the Countryside Stewardship Guidance.

3.2 You must have Management Control of the Agreement Land for the entire Agreement Period or in the case of Agreement Land subject to Multi-Year Actions for as long as you are required to perform the Multi-Year Actions in accordance with condition 2.7.

If you lose Management Control

3.3 If you lose Management Control of all or part of the Agreement Land before the Agreement End Date, or the Action End Date if it is earlier than the Agreement End Date, you must inform us using the procedure in condition 7 (Change of Circumstances).

3.4 If you lose Management Control of all of the Agreement Land, the Agreement will be terminated, and you may have to repay some or all of the Grant already received as set out in condition 7 (Change of Circumstances).

3.5 If you lose Management Control of part of the Agreement Land, the affected land will be removed from the Agreement and you may have to repay some or all of the Grant already received as set out in condition 7 (Change of Circumstances).

Tenanted Land

3.6 If you hold land under a Farm Business Tenancy under the Agricultural Tenancies Act 1995 or an Agricultural Holdings Act 1986 tenancy:

 (a) you must ensure that by entering the land into the Agreement you do not breach the conditions of your tenancy; and

 (b) if the tenancy expires before the Agreement End Date, or the Action End Date if it is earlier than the Agreement End Date, you must only include this land in your Agreement Land if you expect to have Management Control of this land for the entire Agreement Period if the Agreement Document specifies Actions of the same length or until the Action End Date if the Agreement Document specifies Actions of varying lengths.

4. Common Land and Shared Grazing

4.1 You must enter Common Land into a separate agreement. The section about ‘Applying for CS on common land or shared grazing’ Eligibility of commons and shared grazing for a CS agreement’ in the Countryside Stewardship Guidance explains what you must do if your Agreement Land is Common Land.

4.2 You are required to be a single entity if your Agreement Land is Common Land:

(a) If your Agreement Land is Common Land, you must be a “single entity”, either as a sole beneficiary or a group.

(b) If the single entity is a group, you must:

  (i) register with us in the Rural Payments service and have a Single Business Identifier for the group;

  (ii) have a formal, legally enforceable internal arrangement that lists each person’s responsibilities and the payments they expect to receive and in which each person agrees that we and/or Defra may claim against them personally upon a breach of the Agreement;

  (iii) ensure each person who will benefit from or contribute to the delivery of the Agreement signs the internal arrangement required under condition 4.2(b)(ii);

  (iv) ensure each person who will benefit from or contribute to the delivery of the Agreement is registered with us in the Rural Payments service and has their own Single Business Identifier;

  (v) identify a main business contact (the ‘nominated representative’) with us who will be responsible for administering the Agreement on behalf of the group; and

  (vi) have a bank account registered with us.

4.3 You (the single entity under condition 4.2) must have sufficient Management Control of the Common Land which is Agreement Land so that you can comply with your obligations under the Agreement for either the entire Agreement Period or until the latest Action End Date if the Agreement Document specifies Actions of varying lengths.

4.4 For a group to have sufficient Management Control you must also:

(a) take reasonable steps to contact and consult everyone with a legal interest in the management of the Common Land; and

(b) obtain the consent of the owner of the Common Land if it is required.

4.5 If you hold Common Land under a Farm Business Tenancy under the Agricultural Tenancies Act 1995 or an Agricultural Holdings Act 1986 tenancy:

(a) you must ensure that by entering the land into the Agreement you do not breach the conditions of your tenancy; and

(b) if the tenancy expires before the Agreement End Date, or the Action End Date if it is earlier than the Agreement End Date, you must only include this land in your Agreement Land if you expect to have Management Control of this land for the entire Agreement Period if the Agreement Document specifies Actions of the same length or until the Action End Date if the Agreement Document specifies Actions of varying lengths.

5. Annual Declaration

5.1 In applying for and receiving the Grant, you agree to comply with the Agreement and all it comprises as set out at condition 1.2 as a condition of receiving the Grant.

5.2 You shall deliver the Capital Item(s) and/or the Multi-Year Action(s) in accordance with the standards and requirements set out in the Agreement Document and Countryside Stewardship Guidance (including any relevant time limits) and in the agreed location(s).

5.3 You shall comply with any requirements set out in the Countryside Stewardship Guidance to maintain the Capital Item(s) for a minimum duration.

5.4 You shall:

(a) provide any information requested by us in relation to the Agreement;

(b) comply with and be subject to all applicable domestic Law, including the requirements of the Regulations and any relevant provisions of the 2020 Act; and

(c) comply with and be subject to all other applicable statute, bye-law, regulations, orders, regulatory policy, guidance or industry code, rule of court or directives or requirements of any regulatory body, delegated or subordinate legislation.

5.5 Your Annual Declaration confirms that you have complied, or expect to have complied, with your obligations under the Agreement for the relevant Agreement Year. This is explained in the section about ‘Managing your CS agreement’ in the Countryside Stewardship Guidance. You shall submit your Annual Declaration to us each Agreement Year. We shall specify the due date, which will be within the last 2 months of the relevant Agreement Year, by which you must submit the Annual Declaration. Failure to submit your Annual Declaration by the due date specified by us may affect the Grant paid to you and breach this Agreement and we may also treat this as a breach of your obligations under the Agreement under condition 12.

6. Changes to your Agreement

6.1 Removing Actions, Capital Items or land from the Agreement

(a) During the Agreement Period, we will not usually allow you to remove an Action, Capital Item or remove land from the Agreement Land. This is explained in the section about ‘Managing your CS agreement’ in the Countryside Stewardship Guidance.

(b) If you want to remove an Action, Capital Item or remove land forming part of the Agreement Land, you must write to us to request this and explain (providing any supporting evidence) why you wish to do so.

(c) We will consider requests under condition 6.1 on a case-by-case basis and may allow the request if there is a Change of Circumstances as defined in condition 7. We will inform you of our decision within a reasonable time period.

(d) If we approve a request to remove an Action, Capital Item or remove land forming part of the Agreement Land, then we may reduce, recover or withhold payment of the  Grant in whole or in part until that request has been processed and the Agreement amended accordingly.

6.2 When we may change your Agreement

(a) We will not usually seek to vary your Agreement during the Agreement Period (in a way not referred to elsewhere in these Terms and Conditions). This is explained in the section about ‘Managing your CS agreement’ in the Countryside Stewardship Guidance. However, it is possible we may need to change the Agreement during the Agreement Period. For example, this may be the case:

  (i) if we need to make changes to these Terms and Conditions or the Actions and Capital Items;

  (ii) there is a change in Law; or

  (iii) there is a need to respond to wider government emergency measures and/or measures imperative to the national interest, for example, disease outbreaks or food security emergencies.

(b) If we intend to change your Agreement we will notify you in writing and will endeavour to give such notice as is reasonable and proportionate, having regard to the nature of the variation, its consequences for you and any action required from you.

(c) If you are unable to accept the variation to the Agreement or the proposed variation will impact your receipt of the Grant and involvement in the Scheme, you must notify us in accordance with condition 7.2 regarding a Change of Circumstances providing reasons for why you cannot accept the variation. We will consider the reasons given in your notification and may take one or more of the actions in listed in condition 7.3 which may include termination of your Agreement.

(d) If you have not informed us that you are unable or unwilling to accept the proposed variation in accordance with condition 6.2(c), the variation will apply from the date we specified in the notice to you in condition 6.2(b).

6.3 When we may temporarily adjust your Agreement 

(a) We may identify factors which may temporarily impact your ability to complete your selected Actions and/or Capital Items, meaning you are temporarily unable to comply with your obligations under the Agreement. These factors may include, but are not limited to, adverse weather conditions such as flooding or drought. This is explained in the section about ‘Managing your CS agreement’ in the Countryside Stewardship Guidance.

(b) If condition 6.3(a) applies, we may make a temporary adjustment to the Actions and/or Capital Items in the Agreement, with this temporary adjustment only being effective during a time period specified by us.

(c) If we make a temporary adjustment under condition 6.3(b) we will notify you by publishing details on GOV.UK and will endeavour to give such notice as is reasonable and proportionate. Our notice on GOV.UK will set out:

  (i) the details of the temporary adjustment;

  (ii) the time period for when the temporary adjustment applies, including a start date and end date;

  (iii) the evidence you must keep if you choose to comply with the temporary adjustment, as described under condition 6.3(f).

(d) The temporary adjustment under condition 6.3(b) will cease to apply after the end date specified in our notice under condition 6.3(c). After that end date, you must complete your selected Actions to comply with your obligations under the Agreement as if no temporary adjustment had been made.

(e) There is no obligation for you to comply with the temporary adjustment under condition 6.3(b). You can continue to complete your selected Actions without complying with the temporary adjustment under condition 6.3(b).

(f) If you choose to comply with the temporary adjustment under condition 6.3(b), you must: 

  (i) keep Records to evidence your compliance with condition 6.3; and

  (ii) complete and retain a copy of the prescribed form we publish on GOV.UK under condition 6.3(c)(iii).

7. Change of Circumstances

7.1 What is a Change of Circumstances

A “Change of Circumstances” means something happens within or outside your control that might reasonably be expected to affect:

(a) your eligibility for the Grant;

(b) the Grant you should receive;

(c) your ability to complete the Actions or Capital Items; or

(d) your ability to comply with these Terms and Conditions.

This is explained in the section about ‘Complying with your CS agreement’ in the Countryside Stewardship Guidance.

7.2 Notifying us of a Change of Circumstances

If condition 7.1 applies, you must notify us in writing as soon as reasonably practicable. If we have published a temporary adjustment notice in accordance with condition 6.3(c) that applies to your Change of Circumstances, you do not need to notify us for as long as the temporary adjustment is in place which shall be set out in the temporary adjustment notice. If your Change of Circumstances continues following the temporary adjustment period set out in the temporary adjustment notice, you must notify us in accordance with this condition 7.

7.3 Action we may take when there is a Change of Circumstances

Where you have notified us about a Change of Circumstances, we may take one or more of the following actions:

(a) amend, remove or replace a condition subject to which the Grant is given either temporarily or permanently, including by varying the area of Agreement Land;

(b) amend, remove or replace the Actions, Capital Items or timescales either temporarily or permanently;

(c) reduce the Grant either temporarily or permanently;

(d) require you to repay some or all of the Grant already paid to you; and/or

(e) terminate the Agreement before the Agreement End Date.

7.4 When we will notify you of our decision

We will notify you within a reasonable period of our “Decision” to take any of the actions under condition 7.3 and the reasons for it. At the same time, we will remind you of your rights to request a reconsideration under condition 14 (Reconsideration of Decisions and Determinations).

8. Transfers of Agreement Land

8.1 You must notify us in writing within 90 days of the date of transfer if there is a change in Management Control affecting any part of your Agreement Land, including (without limitation) sale or transfer to a new owner, changes to any lease or tenancy, permanent boundary changes or acquisition of any new land.

8.2 You acknowledge and accept that any change in Management Control affecting your Agreement Land may have consequences for the Agreement. In some circumstances we may be required to recover all or part of the Grant. Further details are set out in the Countryside Stewardship Guidance.

9. Payments

9.1 Your Grant may comprise:

(a) payment to reimburse expenditure on Capital Items; and/or

(b) payment in respect of income foregone and additional costs under Multi-Year Actions (“Revenue Items”).

9.2 Frequency of payments

(a) The total annual Grant allocated to Revenue Items is divided into 4 quarterly instalments. The first instalment of the Grant will usually be made in the fourth (4th) month after the Agreement Start Date if you have complied with the obligations under the Agreement, including without limitation delivering the Actions scheduled to be delivered in the previous quarter. This is explained under the section “When and how much you’ll get paid” in the Countryside Stewardship Guidance.

(b) The Grant allocated to Capital Items will be paid on an ad hoc basis as set out in the Agreement Document. You shall submit Payment Claims for Capital Items and supporting documents to us in accordance with the instructions provided in the Agreement Document, the Countryside Stewardship Guidance and on the claim form.

9.3 Where payments will be made

(a) The Grant will be paid directly to your nominated business bank account via BACS transfer by us, subject to the necessary funds being available when the payment falls due. You agree and accept that payment of the Grant can only be made to the extent that the funds are available.

(b) You must notify us, without delay, of any anticipated or actual changes to your nominated bank or building society account. Where we have been notified of an actual or anticipated change to your nominated business bank or building society account, we may withhold payments until such time as we are satisfied that the changes have been checked and verified.

9.4 When payments may be delayed, reduced, recovered or withheld

All payments will be checked and verified before any sum is paid. In addition to any other remedies we may have, we may delay, reduce, recover or withhold the payment of the Grant in whole or in part if:

(a) you do not submit the Annual Declaration required under condition 5.5; and/or

(b) you breach your Agreement.

9.5 In addition to 9.4, payments in respect of Capital Items may be delayed, reduced, recovered or withheld in whole or in part if:

(a) you fail to submit a Payment Claim in accordance with the instructions and by the specified deadline (including the provision of any supporting documents necessary to enable the claim to be processed);

(b) you fail to submit a valid Payment Claim by the specified deadline, the Payment Claim may be rejected and the Grant not paid; 

(c) there is any discrepancy between the amount claimed by you and the amount you are entitled to claim. Further details are set out in the Countryside Stewardship Guidance;

9.6 Overspend

The amount of the Grant shall not be increased in the event of any overspend by you in the delivery of your obligations under the Agreement.

9.7 Prior expenditure

Unless otherwise explicitly permitted in writing by us, the Grant may not be used to reimburse any expenditure incurred by you prior to the Agreement Start Date.

10. Undue payments or overpayments

10.1 It is your responsibility to check all the payments of the Grant we make to you and to notify us within two (2) weeks of you becoming aware if you have any reason to believe an error has occurred. You must repay any overpayment or payment of the Grant to which you are not entitled (including due to our administrative error).

10.2 Any sum that becomes repayable under condition 10.1 will be treated as a debt by you to us and if it is not repaid we may issue a recovery order in respect of it.

11. Checking you are complying with your Agreement

11.1 We may check your compliance with the obligations under the Agreement, including that you are complying with these Terms and Conditions and/or you have completed what is required in each of your selected Actions and/or Capital Items in a way that could reasonably be expected to achieve their aims.

11.2 We will check you are complying with the obligations under the Agreement through a combination of physical and virtual site visits, remote monitoring, and desk-based administrative checks. To help us do this, you must:

(a) for virtual or physical site visits:

  (i) allow a person authorised by us to carry out site visits and exercise powers of entry under the Regulations (‘Authorised Person’) access to any Agreement Land, premises, livestock, trees, crops, plants, machinery, equipment, documents or records (or any related apparatus) covered by the Agreement. The Authorised Person may be accompanied by such other persons as they consider necessary; and

  (ii) provide any assistance reasonably requested by an Authorised Person,

(b) disclose all information or evidence that we may require to verify your continued eligibility for and compliance with the obligations under the Agreement.

11.3 We will endeavour to agree a suitable date and time for the site visit with you. Where it is not possible to agree a suitable date and time, we will notify you in writing of the purpose of the site visit and the date and time at least forty-eight (48) hours in advance of the site visit. Regulation 17 of the Regulations allows us to access your land at any reasonable hour without notice if, for example, we have a reasonable suspicion that you have committed a serious breach, fraud or any other related offence.

11.4 Regulation 18 of the Regulations explains what an Authorised Person can do during a site visit.

11.5 You understand that if you intentionally obstruct, or fail to assist or provide information to any person exercising their rights in accordance with condition 11.2 and performing other tasks in connection with the Agreement this may result in the Grant being delayed, reduced, recovered or withheld and/or the Agreement terminated in accordance with condition 15.

12. A Breach of your Agreement

12.1 Breach

(a) We reserve the right to delay, reduce, recover or withhold payment or require repayment of the Grant in whole or in part, to withhold the whole or part of any financial assistance payable under any financial assistance scheme to which you are entitled, to terminate this Agreement in accordance with condition 15, or to prohibit you from receiving financial assistance from other schemes under the 2020 Act for a period of up to two years if we determine, after carrying out a proportionate investigation, that any of the following circumstances applies:

  (i) you have, at any time, given false or misleading information to us;

  (ii) you are in breach of the terms or conditions of the Agreement;

  (iii) you receive or use Grant money otherwise than in accordance with the Agreement;

  (iv) you incur expenditure using the Grant on activities that breach any Law;

  (v) you are in breach of any requirement to which you are subject under the Regulations;

  (vi) the whole or any part of the sum paid or payable in relation to the Agreement duplicates assistance provided or to be provided out of the monies made available by:

  (a) Parliament;
  (b) a body exercising public functions within the United Kingdom; or
  (c) the European Union

  (vii) the activity for which the sum was paid or is payable is required to be carried out under another legally binding obligation (except for any Stated Exemptions);

  (viii) there has been a material change in the nature, scale, costs or timing of any Capital Item and/or Multi-Year Action under the Agreement;

  (ix) any Capital Item and/or Multi-Year Action under the Agreement has been or is being delayed or is unlikely to be completed;

  (x) you have not notified us of a Change of Circumstances under condition 7;

  (xi) you have failed to prevent or report actual or anticipated fraud or corruption in relation to the Grant;

  (xii) you intentionally obstruct or fail to assist us or any person carrying out any public functions or exercising any rights or powers in connection with the Agreement; or

  (xiii) you breach any prescribed Rules for Farmers, applicable environmental law or otherwise breach the terms of any other grant or funding agreement with a public authority.

The circumstances described in condition 12.1, where appropriate, apply to any action taken by your employees or agents.

Further details are set out in the Countryside Stewardship Guidance.

(b) If we make a Determination that you have breached the Agreement, we will write to inform you of this within a reasonable period. We will give you the reasons for this Determination. We will then decide what action needs to be taken, if any, under Regulation 24 of the Regulations, this might include but is not limited to suspending Grant payments or recovering any Grant paid from you, and may charge interest pursuant to Regulation 28 of the Regulations. We explain what happens if we determine you have breached the Agreement in the section about ‘Complying with your CS agreement’ in the Countryside Stewardship Guidance. You may respond to any Determination in accordance with condition 14.

(c) In addition to our rights pursuant to condition 12.1(b) we may at our discretion take other actions available to us pursuant to Regulation 24 of the Regulations upon a Determination that any of the circumstances as set out in condition 12.1 has occurred.

This shall include but is not limited to:

  (i) issuing a warning letter to you;

  (ii) amending, removing or replacing a condition subject to which financial assistance is given either temporarily or permanently;

  (iii) amending, removing or replacing any agreed standards or timescales either temporarily or permanently; and

  (iv) permitting you to rectify the breach within a specified period.

(d) We may exercise any of our rights or remedies without prejudice to and expressly reserving any and all of our other rights and remedies as contained in the 2020 Act and the Regulations and within the Agreement.

12.2 Repayment

(a) If any sum becomes repayable under the Agreement, it shall be treated as a debt owing by you to us until such time as the outstanding amount is repaid. A recovery order will be issued to you specifying the amount to be repaid and the date by which repayment must be made.

(b) Where we require any part or all of the Grant to be repaid in accordance with this condition 12 you shall repay this amount no later than 60 days beginning on the date on which the notification is given. If you fail to repay the amount of the Grant required by us within 60 days of a demand (subject to any reconsideration process as set out in condition 14) from us for payment, the sum may be withheld from any financial assistance under section 1 of the 2020 Act, and in the alternative will be recoverable summarily as a civil debt, together with interest may also be charged on that amount calculated in accordance with Regulation 28 of the Regulations.

13. Good reasons for breach

13.1 We understand that there may be a circumstance (a “Good Reason”) where you are in breach of the obligations under the Agreement because of events outside of your control.

(a) A Good Reason for a breach of the Agreement includes, but is not limited to:

  (i) natural events, such as prolonged adverse weather conditions, flooding, or animal or plant disease;

  (ii) if you are seriously ill;

  (iii) if you die;

  (iv) if there is unforeseen loss of Management Control of the Agreement Land, for example when a tenancy is terminated, or because of the compulsory purchase of land by a third party;

  (v) financial circumstances, such a bankruptcy;

  (vi) evidenced supply chain problems, (such as a lack of soil testing capacity); and

  (vii) criminal damage by a third party, such as arson or vandalism. 

(b) We explain what Good Reasons could include in the (Complying with your CS agreement in the Countryside Stewardship Guidance).

13.2 Notifying us about a Good Reason for breach

(a) If condition 13.1 applies, you (or any person authority to act for you) must notify us in writing to explain the Good Reason.

(b) If the Good Reason relates to a breach of condition 12.1(a)(xii) you must notify us in writing immediately.

(c) In all other cases, you must notify us in writing within 8 weeks from:

  (i) the date you are able to; or

  (ii) the date on which we notify you of the Determination on the breach of the Agreement.

13.3 We will consider the facts on a case-by-case basis in deciding whether or not you are relieved of all or part of your obligations under the Agreement and whether all or part of the Grant should be delayed, reduced, recovered or withheld.

14. Reconsideration of Decisions and Determinations

14.1 How to ask us to reconsider a Decision or Determination

If you would like us to reconsider any Decision for a Change of Circumstances under condition 7 or Determination for a breach of the Agreement under condition 12 that we have made, you should use our complaints procedure to ask for it to be reconsidered.

14.2 When to ask us to reconsider a Decision or Determination

You must ask us to reconsider any Decision or Determination within 60 calendar days of the date you are notified about our Decision or Determination.

14.3 How we will reconsider a Decision or Determination

We will consider your request to reconsider our Decision or Determination carefully, including any information or evidence you have provided to us. We will confirm the outcome of our reconsideration, with reasons, in writing within a reasonable period.

14.4 How to appeal the outcome of a reconsideration

You may appeal the outcome of our reconsideration of our Decision or Determination within 60 calendar days of the date you are notified of that outcome where you believe the outcome of our reconsideration:

(a) was based on an error of fact;

(b) was wrong in Law; or

(c) there has been a material procedural error.

14.5 When we will confirm the outcome of your appeal

We will confirm the outcome of your appeal under condition 14.4 within a reasonable period in writing explaining the reasons for this outcome, and this will be our final determination.

15. Termination of an Agreement

15.1 We reserve the right to terminate the Agreement on written notice to you without compensation and with immediate effect if:

(a) you have breached the terms of the Agreement or there has been a Change of Circumstance affecting your eligibility to receive the Grant (whether or not we have taken steps to recover the Grant in accordance with condition 12);

(b) you have failed to repay any sum which has become recoverable by us in accordance with condition 12 or 10; and/or

(c) you were not eligible to enter the Agreement or receive the Grant.

15.2 If we terminate the Agreement under condition 15.1 above, we reserve the right to prohibit you from entering into a new agreement under any financial assistance scheme(s) under section 1 of the 2020 Act for up to two years from the day after the date of termination.

15.3 In addition to our right to terminate under condition 15.1 above, we may terminate the Agreement and any future Grant payments on giving you 6 months’ written notice at any time. Provided that you are not in breach of the Agreement, Grant payments already paid will not be recoverable.

15.4 Subject to condition 15.5 below, where the term of the Agreement is 10 years or more, either party may terminate the Agreement at the Break Point Date by giving not less than 1 month’s prior written notice to the other party. If notice is validly served under this condition, the Agreement will terminate on the Break Point Date, and subject to the other rights and remedies under the Agreement, Grant payments already paid at the Break Point Date will not be recoverable.

15.5 Where your Agreement Document or the Countryside Stewardship Guidance contains exemptions for terminating at the Break Point Date, the Agreement may not be terminated pursuant to condition 15.4 above, before the exemption is satisfied.

15.6 You may terminate the Agreement at any time by giving written notice to us. You understand that in such circumstances (albeit subject to condition 15.7 below) you may be required to repay all or part of the Grant and that your obligations under the Agreement shall not cease until such repayment has been made. Further details of when you may be required to repay all or part of the Grant pursuant to termination under this condition 15.6 are set out in the Countryside Stewardship Guidance.

15.7 Where you are successful in securing an agreement in another land management scheme that delivers equivalent or greater environmental value you may not be required to repay all or part of the Grant pursuant to condition 15.6. In this case you will be able to terminate your agreement early without recovery by us usually at the end of the current Agreement Year. This condition does not apply to the Capital Items that you are required to carry out pursuant to your Agreement Document.

15.8 If a third party acquires Management Control of any part of the Agreement Land and is not able or willing to take on your obligations under the Agreement, we may terminate the Agreement. In such circumstances you may not be required to repay the Grant and your obligations under the Agreement will cease as at the date of termination. Further details are set out in the Countryside Stewardship Guidance.

16. Consequences of expiry or termination of your Agreement

16.1 Expiry or termination of the Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of expiry or termination which existed at or before the date of expiry or termination.

16.2 Expiry or termination of the Agreement shall not affect the continuing rights and obligations of the parties under conditions 12 (A Breach of your Agreement), 11 (Checking you are complying with your Agreement), 20 (What accounts and records you must keep), 22 (Evaluation), 21 (What information we may publish about you), 17 (Intellectual Property Rights), 18 (Data Protection), 19 (Freedom of Information), 23 (Limitation of Liability), 16 (Consequences of Expiry or Termination of your agreement), 24.3 (Severability), 24.4 (Waiver), 24.5 (Notices), 24.7 (Dispute Resolution), 24.6 (Joint and Several Liability), 24.2 (Third Party Rights), 24.9 (Governing Law) or any other provision in the Agreement or mandatory requirement in the Countryside Stewardship Guidance which is expressly stated to survive expiry or termination of the Agreement or which is required to give effect to such termination or expiry or the consequences of such termination or expiry.

17. Intellectual property rights

17.1 We do not anticipate that any new intellectual property rights will be created by these arrangements but if any intellectual property rights are created (for example in assessments, plans and data generated in relation to this Agreement) then these will be owned by the party who created it. We may need to use any intellectual property created by you for the purposes of the Agreement and you hereby grant us a perpetual, non-exclusive, royalty free licence to do so for use in connection with the Agreement.

18. Data protection

18.1 We and you must always comply with our respective obligations under “Data Protection Legislation”. We may be required to provide personal information to Defra. We are also required by law to publish certain information about you, this is described in condition 21. Data Protection Legislation means (a) the UK GDPR, (b) the Data Protection Act 2018 to the extent that it relates to processing of personal data and privacy and (c) all applicable Law about the processing of personal data and privacy.

18.2 For information on how we handle personal data search for ‘Rural Payments Agency Personal Information Charter’ and our Privacy Policy on GOV.UK.

19. Freedom of Information (FOI)

19.1 You acknowledge that we and Defra are subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIRs”).

19.2 You shall provide all necessary assistance and cooperation which is reasonably requested by us or Defra for the purposes of complying with our obligations under FOIA and EIRs. If we require you to supply information pursuant to a FOIA/EIRs request, you shall supply all such information which is within your possession or control within 5 Working Days from the date of the request by us or Defra (or such other period as we may reasonably require).

19.3 If you receive a FOIA/EIR request from a member of the public, you shall not respond to the request but shall forward the request to us within 2 Working Days of receipt.

19.4 We shall decide in our absolute discretion and in accordance with our obligations under Data Protection Legislation, whether any information is exempt from disclosure in accordance with the provisions of FOIA and/or the EIRs.

20. What accounts and records you must keep

20.1 You shall keep accurate and up-to-date accounts and records of the receipt and expenditure of the Grant monies received by you and evidence of your compliance with your obligations under the Agreement, which shall comply with any applicable standards and requirements set out in the Agreement Document, the Countryside Stewardship Guidance and in any separate written instructions issued to you by us or our authorised representative.

20.2 You shall keep all invoices, receipts, and accounts and any other relevant documents relating to the expenditure of the Grant for a period of at least 7 years from termination or expiry of the Agreement. We shall have the right to review your accounts and records relating to the Grant and shall have the right to take copies of such accounts and records.

20.3 You shall comply with and facilitate our compliance with all statutory requirements as regards accounts, audit or examination of accounts, annual reports and annual returns applicable to yourself and us.

20.4 In addition to your obligations to provide information to us, you shall provide any of the information referred to in this condition to any other public authority (or their authorised representatives or auditors) upon request.

20.5 You shall monitor the delivery and success of the Capital Items and/or Multi-Year Actions to ensure that the aims and objectives of the Agreement are being met and that the Agreement is being adhered to.

21. What information we may publish about you

21.1 Where you use our name and logo or those of Defra, or any other organisation in your publicity, you shall comply with all reasonable branding guidelines or instructions you are given in relation to the use of such name or logo.

21.2 You agree to participate in and co-operate with promotional activities relating to the Scheme if required to do so by us or Defra.

21.3 We or Defra may acknowledge your involvement in the Scheme as appropriate without prior notice.

21.4 You shall comply with all reasonable requests from us or Defra to facilitate visits, provide reports, statistics, photographs and case studies that will assist us or Defra in our promotional and publicity activities.

21.5 You agree that, for each financial year, we shall publish the following information in relation to the Agreement for the purpose of public transparency:

(a) Your full name;

(b) the post town, post code area and district where you are resident or located;

(c) the total Grant payments received by you in that financial year; and

(d) a description of the activities financed by the relevant payments.

21.6 Information published under condition 21 shall be published on a searchable database on www.gov.uk and shall remain there for three years from initial publication.

21.7 You agree that we or Defra may publish such information about your business and the grant as is necessary to comply with domestic, European and international Law on subsidy control.

21.8 You shall comply with all instructions and guidance from us in relation to acknowledgement and publicity of the Grant and the Scheme, including using any materials or templates which are provided to you for this purpose. Such acknowledgement and publicity may include, where appropriate, a statement on any website operated by you for business purposes, and/or a poster, plaque or billboard displayed on your land or premises.

22. Evaluation

22.1 You acknowledge that as a condition of receiving the Grant funding you may be required to participate in a Scheme evaluation, which may take place during the Agreement or after its expiry or termination.

22.2 You understand that your contact details may be disclosed to third parties for evaluation purposes and agrees to assist and cooperate with any person authorised by any public authority to carry out such an evaluation.

23. Limitation of liability

23.1 Neither party excludes or limits its liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law.

23.2 We accept no liability for any consequences, whether direct or indirect, arising from the Agreement, the use of the Grant by you or us exercising our rights under the Agreement.

23.3 Subject to condition 23.1 and 23.2, our total aggregate liability in connection with the Agreement shall not exceed the amount of the Grant.

23.4 You shall indemnify us and any persons acting on our behalf against all claims, demands, actions, costs, expenses, losses, damages and all other liabilities arising as a result of the actions or omissions of you in connection with the Agreement.

23.5 You acknowledge and accept that if you suffer any losses which prevent you from fulfilling your obligations under the Agreement, we may require the Grant to be repaid or the losses to be made good at your own expense, regardless of whether you are insured against such losses.

24. Other Terms

24.1 Transfer

We may transfer our rights and obligations to another Government body. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.

24.2 Third party rights

The Agreement is between you and us. No other person shall have any rights to enforce any of its terms, however, the terms of the Agreement and our rights under it may be enforced by Defra.

24.3 Severability

Each of the conditions of the Agreement operates separately. If any term, condition or provision of the Agreement is held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will not affect the validity, legality and enforceability of the other terms, conditions or provisions in the Agreement or any other documents referred to in the Agreement which will remain in full force and effect.

24.4 Waiver

If we do not insist immediately that you do anything you are required to do under the Agreement, or if we delay in taking steps against you in respect of you breaching the Agreement, that will not mean that you do not have to meet your obligations under this Agreement and it will not prevent us taking actions against you, as described in these Terms and Conditions, at a later date.

24.5 Notices

All notices in relation to the Agreement shall be in writing and shall be deemed to have been duly given if personally delivered, emailed, mailed (first class postage prepaid) or faxed using the contact details set out in the Agreement Document (or any updated address which is subsequently notified by one party to the other). It is the Agreement Holder’s responsibility to notify the Authority of any change to its contact details. If personally delivered or if emailed or faxed all such notices shall be deemed to have been given when received (except that if received on a non-Working Day or after 5.00 pm on any Working Day they shall be deemed received on the next Working Day) and if mailed all such notices shall be deemed to have been given and received on the second Working Day following such mailing.

24.6 Joint and several liability

Where you are not a company nor an incorporated entity with a distinct legal personality of its own, the individuals who enter into the Agreement on behalf of you shall be jointly and severally liable for your obligations and liabilities arising under the Agreement.

24.7 Dispute resolution

Any dispute arising between the parties or any complaint or appeal by you concerning our actions in connection with the Agreement shall be resolved according to our complaints procedure, found at Complaints procedure - Rural Payments Agency - GOV.UK (www.gov.uk), and in accordance with the procedure set out in the Countryside Stewardship Guidance.

24.8 No partnership or agency

The Agreement shall not create any partnership or joint venture between you and us, nor any relationship of principal and agent, nor authorise you to make or enter into any commitments for, or on behalf of, us.

24.9 Governing law

The Agreement is governed by English law and you can only bring legal proceedings in respect of this Agreement in the English courts.

Definition of terms used in the Countryside Stewardship agreement terms and conditions

Capitalised terms used in these Terms and Conditions have specific meanings which are described below:

2020 Act: Agriculture Act 2020 c.21 as amended from time to time.

Actions: the CS actions including the Multi-Year Actions you have selected and are set out in the Agreement Document some of which are tailored in accordance with the conditions set out in your Agreement Document for the Agreement Land.

Action End Date: the date on which the relevant Multi-Year Action comes to an end, as set out in the Agreement Document.

Action Start Date: the date on which the relevant Multi-Year Action commences, as set out in the Agreement Document.

Agreement: has the meaning given to it in condition 1.2.

Agreement Document: the document accompanying these terms and conditions, which describes the Grant to be paid to you and the Capital Items and/or Multi-Year Actions to be undertaken.

Agreement End Date: the date on which the Agreement comes to an end, as set out in the Agreement Document.

Agreement Land: the land parcels described in the Agreement Document, and any land parcels where rotational Actions are active in a particular year.

Agreement Period: a period from the Agreement Start Date to the Agreement End Date.

Agreement Start Date: the date on which the Agreement commences, as set out in the Agreement Document.

Agreement Year: each twelve (12) month period following the Agreement Start Date.

Annual Declaration: a declaration confirming that you have complied, or expect to have complied, with your obligations under the Agreement for the relevant Agreement Year.

Break Point Date: the fifth (5th), tenth (10th) or fifteenth (15th) anniversary of the Agreement Start Date, where applicable.

Capital Item(s): the capital activities you are required to carry out, as set out in the Agreement Document.

Change of Circumstances: has the meaning given to it in condition 7.1.

Common Land: has the meaning given to it in the section of the Countryside Stewardship Guidance on ‘Eligibility of commons and shared grazing for a CS agreement’.

Countryside Stewardship or CS or the Scheme: a scheme run by us on behalf of Defra in accordance with the Regulations and the 2020 Act.

Countryside Stewardship Guidance: the information which sets out additional Scheme requirements, rules that farmers and land managers must follow on the land and further information and guidance for you, which is available on www.gov.uk.

Data Protection Legislation: (a) the UK General Data Protection Regulation (GDPR) and any applicable national implementing Laws as amended from time to time; (b) the Data Protection Act 2018 to the extent that it relates to Processing of personal data and privacy; (c) all applicable Law about the Processing of personal data and privacy.

Decision: Our decision following notification to us of a Change of Circumstances.

Defra: the Department for Environment, Food and Rural Affairs.

Determination: Our determination following a breach by you of the Agreement.

Good Reasons: has the meaning given to it in condition 13.1.

GOV.UK: The UK government website at www.gov.uk which contains information about the Countryside Stewardship scheme.

Grant: the sum to be paid to you under the Agreement, which may include payment to reimburse expenditure on Capital Items and/or payment in respect of income foregone and additional costs under Multi-Year Actions.

Law: is any law, statute, subordinate legislation with the meaning of Section 21(1) of the Interpretation Act 1978, byelaw, right within the meaning of Section 4(1) EU Withdrawal Act 2018 as amended by EU (Withdrawal Agreement) Act 2020, regulation, order, regulatory policy, mandatory guidance or code of practice, judgement of a relevant court of law, or directives or requirements of any regulatory body with which we or you are bound to comply.

Management Control: has the meaning given to it in condition 3.1.

Multi-Year Action(s): the land management Actions you are required to undertake, as set out in the Agreement Document.

Payment Claim: a claim submitted by you for payment in respect of a Capital Item.

Regulations: means The Agriculture (Financial Assistance) Regulations 2021.

Revenue Items: has the meaning given in condition 9.1(b).

Rules for Farmers: Rules for farmers and land managers

Stated Exemptions: means:

• conservation covenants where no other funding has or will be paid for the activity

• Flood Defence Grant in Aid provided there is no double funding and the activity is not a legal requirement of the relevant RMA

• any further stated exemptions included in the Countryside Stewardship Guidance

Terms and Conditions: has the meaning given in condition 1.2.

UK GDPR: means the retained EU law version of the General Data Protection Regulation (Regulation (EU) 2016/679), as transposed into UK Law by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 419/2019).

Working Day: any day other than a Saturday, a Sunday or a public holiday in England.