Get funding to improve animal health and welfare Agreement: Stage 1
Published 19 June 2024
Applies to England
1. Introduction
1.1 Get funding to improve animal health and welfare
Get funding to improve animal health and welfare (“IAHW”) 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”). The IAHW is a financial assistance scheme under section 1 of the Agriculture Act 2020 and is governed by the Agriculture (Financial Assistance) Regulations 2021 (“the Regulations”) amended by The Agriculture (Financial Assistance) (Amendment) Regulations 2022 and 2023.
For the purposes of these terms and conditions, the IAHW comprises both the Annual Health and Welfare Review “Review or Reviews” and the Endemic Disease Follow-up “Follow-up or Follow-ups”. The purpose of which is to assist farmers to identify farm animal diseases and execute disease management. The Review is set out in Part 1 of this Agreement and Follow-up is set out in Part 2 of this Agreement.
1.2 About this Agreement
(a) The IAHW agreement (the “Agreement”) comprises these terms and conditions which you must follow in order to be eligible for financial assistance under IAHW in the form of a (or multiple) fixed payment/s in line with the payment rates set out in this Agreement made under the Review or Follow-up (“the Payment”).
(b) The IAHW scheme currently only allows a Review and Follow-up of a single herd or flock (a epidemiologically distinct unit) of a single species of beef cattle, or sheep, or pigs, or a Review of a single herd (an epidemiologically distinct unit) of dairy cattle, referred to as the “Single Species”.
(c) To reflect the funding offer of the IAHW as outlined in condition 1.2(b) this Agreement is only for a single herd or flock of one type of Single Species “Stage 1”. It is our intention to expand this and to allow more than one Single Species and more than one herd or flock to be eligible for Review and Follow-up under your single Agreement. This will be made by way of variation as set out in condition 7 under further stages. Additional stages have not yet been confirmed and will be at our sole discretion.
(d) We will also vary your Agreement as set out in condition 7 to include dairy cattle as a Single Species for Follow-up. This addition has been confirmed by us and will be made under our next stage.
1.3 References in the terms and conditions
(a) Definitions of capitalised terms are defined in this document when they are first referred to.
(b) A reference to the “Law” means any law, statute, subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978, bye-law, right within the meaning of the European Union (Withdrawal) Act 2018 as amended by European Union (Withdrawal Agreement) Act 2020, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements of any regulatory body with which you are bound to comply.
(c) 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 under that statute or statutory provision.
(d) A reference to a public organisation includes a reference to any successor to that public organisation.
(e) 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.
(f) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.4 Guidance
We have set out further information about the IAHW in accompanying guidance (“the Guidance”). The Guidance is there to help you understand IAHW and will not be used to introduce mandatory requirements to your Agreement.
2. About your Agreement
2.1 Your Agreement
The Agreement comprises these terms and conditions (which are further explained in the Guidance as referred to in condition 1.4.
2.2 What you are declaring
By entering the Agreement you confirm that:
(a) you are registered with us and have a valid and current Single Business Identifier (SBI);
(b) the SBI referred to in condition 2.2(a) is linked to at least one permanent or temporary County Parish Holding (CPH) number that is registered in England only and which is not an 8000 series CPH number or a 9000 series CPH number;
(c) you are the person responsible for a Single Species on a permanent or temporary basis on the date or dates the Vet carries out the Review or Follow-up;
(d) should you carry out a Review you will have the relevant minimum number of the Single Species as described in condition 11.5 on the date or dates the Vet carries out the Review ;
(e) should you carry out a Follow-up, you will have the relevant minimum number of the Single Species as described in condition 15.10 on the date or dates the Vet carries out a Follow-up
(f) if applicable, you will have the relevant minimum number of Single Species for sampling as described in condition 12.2 as appropriate on the date or dates the Vet visits the CPH to carry out the necessary actions for the Review
(g) if applicable you will have the relevant minimum number of Single Species for sampling or assessment as described in condition 16.4 as appropriate on the date or dates the Vet visits the CPH to carry out the necessary actions for the Follow-up.
(h) the Single Species is registered in England;
(i) the information you provided in your application for the IAHW remain true and accurate to the best of your knowledge and belief;
(j) you have full capacity and authority to enter into the Agreement;
(k) you are not aware of any circumstances which would render you ineligible for the Payment or otherwise prevent you from complying with your obligations under the Agreement;
(l) your obligations under the Agreement do not and will not conflict in whole or in part with any other legal or contractual obligations you are subject to;
(m) you will at all times comply with all relevant Law in the performance of your obligations under the Agreement and
(n) You will ask a Royal College of Veterinary Surgeons (RCVS) registered vet “Vet” to carry out your Review or Follow-up. If you yourself are a Vet, you confirm you will not carry out the Review or Follow-up yourself and must ask another Vet.
2.3 What you are agreeing to do
In applying for an Agreement and receiving the Payment, you are agreeing to:
(a) comply with these terms and conditions; and
(b) use the Payment for the purpose of undertaking the requirements of this Agreement.
2.4 Agreement Period
(a) The Agreement will begin from the date you accept your offer “Agreement Start Date” until the 19 September 2027 “Agreement End Date”. This is subject to the termination provisions set out in condition 6.
(b) The Agreement Start Date and Agreement End Date are shown on the agreement summary which we will share with you on acceptance of these terms and conditions. The agreement summary will confirm:
(i) the unique reference number (URN) for the Agreement, which you should use in any correspondence with us;
(ii) the Agreement Start Date and Agreement End Date; and
(iii) your business name and SBI
(c) Should your Agreement be in relation to sheep as the Single Species we may extend your Agreement End Date by a maximum of two (2) years from the Agreement End Date set out in 2.4(a), this shall be at our sole discretion and will only apply to sheep. We will communicate this to you in writing.
(d) During the last three months of your Agreement you may not ask a Vet to visit your CPH for the purposes of carrying out a visit for a Review and/or Follow-up. This period should be solely used for completing your claim and seeking Payment in line with these terms and conditions. Should a Vet visit your CPH during this time and carry out Review and/or Follow-up you will not be eligible for Payment.
(e) We reserve the right to extend the Agreement End Date by way of Variation as set out in condition 7.
3. Record-keeping
3.1 You must keep all invoices, receipts, the Review Summary Sheet, Follow-up Summary Sheet, accounts and any other relevant documents relating directly to the expenditure of the Payment and evidence of your compliance with your obligations under these terms and conditions (“Records”).
3.2 You must keep your Records for a period of at least seven (7) years from the Agreement End Date.
3.3 You must prepare and keep your Records in compliance with the Law and must provide assistance to us when we are auditing or examining these so as to help us carry out our legal obligations.
3.4 We have the right to:
(a) request you provide your Records to us
(b) review your Records
(c) take copies of such Records.
3.5 You must provide your Records to us upon request. In addition, you shall provide the Records to any other duly authorised public authority (or their authorised representatives or auditors) upon request.
3.6 If you do not provide your Records on request within fourteen (14) days this may result in your Payment being declined, recovered or withheld.
4. Data Protection
4.1 We and you must always comply with any respective obligations under “Data Protection Legislation”. We may be required to provide personal information to Defra. 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.
4.2 UK GDPR has the meaning as set out in section 3(10) of the Data Protection Act 2018, supplemented by section 205(4).
4.3 You agree that we may use personal data which you provide with your Payment claim including the test results in order for us to administer Payment.
4.4 For information on how we handle personal data search for ‘Rural Payments Agency Personal Information Charter’ on GOV.UK.
5. Freedom of Information
5.1 You acknowledge that we are subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”).
5.2 We may need to share information we hold about you or the conditions of payment so we or Defra can comply with any FOIA and EIR request. The extent, content and format of the information we disclose is our decision. In making any disclosure, we will have due regard to Data Protection Legislation.
5.3 You will provide all necessary assistance and cooperation which we or Defra reasonably request for the purposes of complying with our obligations under FOIA and EIR within a time period specified by us. You must tell us as soon as reasonably practicable if you receive a FOIA or EIR request intended for us or Defra.
6. Termination
6.1 We may terminate the Agreement before the Agreement End Date on written notice to you:
(a) if you have breached the terms and conditions of the Agreement.
(b) if you have not repaid to us a sum that has become recoverable under condition 14 and/or 18.
(c) at any time on at least six (6) weeks written notice to you. You may be required to repay all or part of the Payment and you will remain bound by the relevant obligations under the Agreement until you make this repayment. This will only be utilised in limited circumstances. Any Payment already made will not be recoverable unless you are found to be in breach of your Agreement.
(d) on 31 March 2025 or 31 March 2026 by giving you written notice of our intention to terminate at least three (3) months before each respective date. Any Payment claim made on or before the aforementioned date will be honoured so long as it is deemed a valid claim in line with these terms and conditions.
6.2 You may terminate the agreement on written notice to us as set out in condition 7.
6.3 Should you exercise your termination right under condition 7 you will not receive the Payment and we accept no liability for any costs you may have incurred prior to termination.
6.4 If a Vet has carried out a Review or Follow-up of a Single Species under this Agreement prior to termination you must ensure you make a claim for Payment prior to exercising your termination right under condition 7. Once you terminate your Agreement you will not be eligible for Payment under this Agreement for the relevant Review or Follow-up.
6.5 Any Payment already made to you, may become fully repayable to us if you terminate this Agreement under condition 7 and we find you have not complied with these terms and conditions. You shall make any payments due to us without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise
6.6 Termination or expiry of the Agreement will not affect our or your continuing rights and obligations under any condition in the Agreement which is intended to continue beyond the Agreement End Date (such as Record keeping).
7. Variation
7.1 We may request a variation to the terms and conditions of your Agreement from time to time.
7.2 If we need to vary your Agreement as set out in condition 7.1, we will notify you in writing setting out the required variation/s and will endeavour to give such notice as is reasonable and proportionate, having regard to the nature of the variation and its consequences for you.
7.3 You will be able to terminate the Agreement if you do not agree with the variation to the Agreement set out in 7.1 or reject the variation and continue on your existing Stage 1 terms and conditions.
7.4 You will not be able to reject a variation under 7.1 if such variation is required under law or in response to wider government emergency measures and/or measures imperative to the national interest. In which case you will only be able to terminate or continue with the varied terms and conditions.
7.5 You will need to communicate any termination or rejection in writing to us within the timeframe set out in our written notice to you under condition 7.2. If you fail to communicate your intention to terminate or reject within this timeframe the Agreement shall continue as varied by any variation notice.
8. Breach of your Agreement
8.1 Where we reasonably suspect you have breached your Agreement we will carry out a proportionate investigation into the alleged breach. Once we have concluded this investigation we will inform you of the outcome of the investigation and allow you to make written representations within the timeframe set out our notice to you.
8.2 After we have carried out a proportionate investigation and reviewed your written representations (within the agreed timeframes) we may determine that you have breached this Agreement “Determination”. 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, including termination. If you would like us to reconsider any Determination that we have made regarding a breach of the Agreement you should use our complaints procedure to ask for it to be reconsidered. You must complete the “SFI Query Form” set out in the complaints procedure page to submit a complaint to us.
8.3 You must ask us to reconsider any Determination within sixty (60) calendar days of the date you are notified about our Determination.
8.4 We will consider your request to reconsider our Determination carefully, including any information or evidence you have provided to us. We will confirm our outcome of our reconsideration, with reasons, in writing within a reasonable period.
8.5 You may appeal the outcome of our reconsideration of our Determination within sixty (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.
8.6 We will confirm the outcome of your appeal under condition 8.5 within a reasonable period in writing explaining the reasons for this outcome, and this will be our final determination.
8.7 Actions we may take if you breach your Agreement.
There are no set actions for particular breaches of the Agreement, and we will assess all the circumstances of a breach in a fair and consistent manner, on a case-by-case basis and take the action(s) we think is/are appropriate.
If we make a Determination that you have breached the Agreement, we may take any of the following actions:
(a) issue you with a warning letter;
(b) allow you to rectify the breach;
(c) delay, reduce, recover or withhold Payment or require repayment of all or part of Payment made to you:
(d) terminate the Agreement before the Agreement End Date;
(e) prohibit you from receiving financial assistance from other financial assistance schemes under the Agriculture Act 2020 for a period of up to two (2) years from the day after we notify you of the Determination on the breach.
(f) Withhold any payment due to you under any other scheme covered by the Agriculture (Financial Assistance) Regulations.
9. 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.
10. Monitoring and Evaluation
10.1 You acknowledge that as a condition of receiving the Payment you may be required to participate in an evaluation, which may take place during the agreement period (the Agreement Start Date to the Agreement End Date) or after the Agreement End Date or termination of the Agreement.
10.2 You understand that your contact details may be disclosed to third parties for evaluation purposes, and you agree to assist and cooperate with any person authorised by us to carry out such an evaluation. For the avoidance of doubt this shall be done in line with the Rural Payments Agency Personal Information Charter.
Part 1 Review
11. Review
11.1 In order to be eligible for Payment for a Review you must ask a Royal College of Veterinary Surgeons (RCVS) registered vet (“Vet”) to visit your CPH to carry out a Review of a Single Species.
11.2 You may have up to three Reviews of the same Single Species under this Agreement and any other agreement you may have had under IAHW, but you must wait a minimum of 10 months between each Vet visit to your CPH for the purposes of carrying out a Review under this Agreement or any other agreement you may have had under IAHW.
11.3 You must not have a Vet visit your CPH to carry out a Review in the last 3 months of the Agreement and the last date you may have a Review is 19 June 2027.
11.4 You must tell the Vet about the requirements for Review, there is accompanying guidance for Vets “Vet Guidance” that will assist the Vet to carry out this Review. It is your responsibility to make sure that the Review completed by the Vet complies with these terms and conditions.
11.5 You must have the following minimum number of the relevant Single Species present on the date or dates the Vet visits your CPH and carries out the Review:
a. At least 11 dairy cattle.
b. At least 11 beef cattle.
c. At least 21 sheep.
d. At least 51 pigs.
11.6 To complete a Review, you must ask the Vet to do all of the following:
(a) visit the relevant Single Species and take samples from the relevant minimum number of Single Species required for testing as described in condition 12.2. The minimum number of Single Species required for testing under condition 12.2 is different to the minimum number set out in condition 11.5 above, you must comply with both.
(b) send the relevant test samples for the tests described in condition 12.2 to a laboratory that meets the testing and specification requirements for analysis as set out in the Vet Guidance;
(c) conduct a review of the general health and welfare of the relevant Single Species;
(d) provide you with the relevant test results from the tests described in condition 12.2, including the detailed laboratory analysis;
(e) provide you with a written report (the “Report”) and you must ask the Vet to follow the Vet Guidance setting out what should be in the Report;
(f) provide you with a separate review summary sheet (the “Review Summary Sheet”) as described in condition 13 to accompany the Report referred to in condition 11.6(e)
12. Testing a Single Species
12.1 You must ask the Vet to take samples for testing of the relevant Single Species in line with the Vet Guidance for the Review. If your Single Species is sheep, you may be able to take samples in line with condition 12.2(c). Testing must be carried out during the course of your Agreement and before the expiry (or if relevant the termination) of your Agreement to be eligible for Payment subject to condition 2.4(d).
12.2 You must ask the Vet to take samples for testing on the date or dates the Vet carries out the Review or agree with the Vet that you may take your own samples if your Single Species is sheep. You must arrange for the Vet to action one (1) of the following:
(a) take samples from at least five (5) beef cattle to test for Bovine Viral Diarrhoea (BVD);
(b) take samples from either any number of dairy cattle or from at least five (5) dairy cattle depending on the method of sampling the Vet undertakes to test for BVD.
(c) take samples (or agree that you can take samples) from at least ten (10) sheep under the age of 12 months “Lambs” or all Lambs if there are fewer than ten (10) to test for the effectiveness of worming treatments. For the avoidance of doubt you or the Vet must not carry out sampling on any sheep over the age of 12 months even if you have fewer than 10 Lambs on the date or dates samples are taken.
(d) take samples from at least thirty (30) pigs to test for Porcine Reproductive and Respiratory Syndrome (PRRS).
12.3 The samples taken for testing set out in condition 12.2 are in addition to any other services which you may agree for the Vet to provide at the same time as the Review but which are not covered by the Payment.
12.4 You must ask the Vet to send the samples set out in condition 12.2 for testing and analysis to a laboratory that meets the testing and specification requirements for the relevant analysis. If you have taken the samples under condition 12.2(c) you must send them to the laboratory that meets the testing and specification requirements for relevant analysis with a request that the laboratory sends the test results to the Vet. The Vet Guidance has further information on what a suitable laboratory for each Single Species will be.
12.5 You must ask the Vet to share the test results and analysis received from the laboratory in condition 12.4 for the relevant tests set out in condition 12.2.
12.6 For the avoidance of doubt you cannot use any test results from samples taken prior to the start of your Agreement to satisfy condition 12 and receive Payment. There is no restriction on what you can use the test results received under this Agreement for.
13. Review Summary Sheet
13.1 The Review Summary Sheet referred to in condition 11.6(f) must include all of the following:
(a) the unique reference number for your Agreement;
(b) your business name and SBI;
(c) the last date the Vet visited your CPH for the Review
(d) the date or dates the Vet took the samples for testing under condition 12.2 or the date or dates you took the samples under condition 12.2(c).
(e) the Single Species for the Review
(f) Confirmation that you had the required minimum numbers of Single Species in accordance with condition 11.5
(g) confirmation that the Vet has taken samples from the relevant minimum number of the relevant Single Species in accordance with condition 12.2
(h) the unique reference number for the laboratory test results under condition 12.5;
(i) for dairy or beef cattle: the test results (positive or negative)
(j) for pigs: the number of oral fluid samples that were tested and the test results (positive or negative);
(k) confirmation that the Vet provided you with a Report as referred to in condition 11.6(e);
(l) the RCVS-registered reference number for the Vet; and
(m) the signature of the Vet and the date the Vet signed the Review Summary Sheet.
14. Payment
14.1 The Payment rates for completing a Review of a Single Species as described in Condition 11, as relevant, are:
(a) £522 for a Review of beef cattle
(b) £372 for a Review of dairy cattle
(c) £436 for a Review of sheep
(d) £557 for a Review of pigs
14.2 It is your responsibility to negotiate a price with the Vet and to ensure you pay the Vet. If the amount the Vet charges you for the Review exceeds the amount of Payment that you are eligible to receive, you will be responsible for the excess amount.
14.3 To be eligible for the Payment, you must comply with your obligations under these terms and conditions.
14.4 In order to be eligible for Payment you must submit your Payment claim via our digital service and comply with the following:
(a) make sure the Vet completes the Review in accordance with condition 11 and has provided you with the Review Summary; and
(b) complete and submit your Payment claim via our digital service before the Agreement End Date.
(c) Submit your test results received under condition 12.
(d) Claim up to a maximum of three separate Payments and comply with the timeframes set out in condition 11.2.
14.5 When you have carried out the actions required under condition 14.4, we will use reasonable endeavours to make the associated Payment no later than twenty-eight (28) days after verifying your Payment claim is valid and meets these terms and conditions.
14.6 We will make the Payment directly to the bank or building society account that is registered with us for the SBI referred to under condition 2.2(b) via BACS transfer, subject to the necessary funds being available when the Payment falls due.
14.7 We reserve the right to withhold, delay, reduce or recover, the Payment or require repayment of all or part of the Payment if you:
(a) fail to comply with any of these terms and conditions;
(b) defraud, mislead or provide false information to us;
(c) fail to comply with condition 3;
(d) if you fail to comply with all relevant Law in the performance of your obligations under this Agreement.
14.8 If we inform you that you have received a Payment which does not meet the requirements of these terms and conditions, you must repay us any such amounts within sixty (60) days of the date of our demand for repayment.
14.9 Any sum that becomes repayable under condition 14.8 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.
14.10 Before taking any action under condition 14.7, or condition 14.8 we will assess all the circumstances of a breach in a fair and consistent manner and take action as appropriate.
14.11 You may withdraw your claim for Payment at any time by giving us written notice of your wish to withdraw subject to condition 14.12. This does not prevent you from resubmitting your claim subject to condition 2.4. In the event of withdrawal, any Payment already made to you, shall be fully repayable to us.
14.12 You may not withdraw your claim:
(a) in the event that we have informed you of a breach of this Agreement; or
(b) where we have given you notice of a suspected breach of this Agreement; or
(c) where we have asked you to send us any evidence in relation to your compliance with this Agreement.
14.13 If you fail to comply with condition 14.3 and 14.4 you will be in breach of your Agreement. We understand that there may be circumstances where you are in breach of condition 14.4 because of events outside of your control (a “Good Reason”).
14.14 If you breach condition 14.4 for a Good Reason, you (or any person authorised to act for you) must notify us in writing to explain the Good Reason. If we determine that there is a Good Reason for the breach of your Agreement you may still be eligible for the Payment. You must notify us in writing within eight (8) weeks from:
(a) the date you are able to; or
(b) the date we notify you of the Determination on the breach of the Agreement
14.15 A decision about whether you are still eligible for the Payment under 14.14 will be at our sole discretion and you may be asked to provide further evidence to support your Good Reason for the breach of your Agreement.
Part 2 Follow-up
15. Follow-up
15.1 Follow-up is voluntary and does not affect your ability to carry out a Review under Part 1. However if you decide to have Follow-up the following will apply:
15.2 You must only have the Follow-up after you have received your test results for the Review in line with condition 12 or if you have made a claim for payment under our previous scheme Annual health and welfare review of livestock “Old Review”.
15.3 The Follow-up must be carried out on the same Single Species as the Review or Old Review and be carried out no later than 10 months after the Vet visits your CPH for the Review or Old Review.
15.4 You may carry out up to 3 Follow-ups and make 3 Follow-up Payment claims (unless additional Follow-ups are agreed in writing with us as part of a sheep Single Species Agreement) during the lifetime of this Agreement subject to the timeframes set out in condition 15.3 and condition 15.8.
15.5 You must ask a Vet to attend your CPH and carry out the Follow-up on the same herd or flock of Single Species as the ones tested under the Review. If your Single Species under the Review was dairy cattle you must wait until we vary your Agreement to include dairy cattle for Follow-up.
15.6 If the Follow-up relates to pigs, we accept that you may not be able to test the same pigs. You will still be eligible for Payment.
15.7 After you have completed the Follow-up, you will only be eligible for a second or third (as relevant) Follow-up:
a) after you receive your test results for the second or third (as relevant) Review in line with condition 12.
b) you have waited at least 10 months since the Vet visited your CPH to carry out the previous Follow-up.
c) You have complied with condition 15.2.
d) If your Single Species is in relation to sheep you may be eligible for further Follow-ups to be agreed in writing with us and subject to condition 15.7(b)
The Guidance sets out in further detail how and when to apply for each Follow-up.
15.8 You must not have a Vet visit your CPH to carry out a Follow-up in the last 3 months of the Agreement and the last date you may have a Follow-up is 19 June 2027.
15.9 You must tell the Vet about the requirements for the Follow-up, there is accompanying Vet Guidance that will assist the Vet to carry out the Follow-up. It is your responsibility to make sure that the Follow-up completed by the Vet complies with these terms and conditions.
15.10 You must have the following minimum number of the relevant Single Species present on the date or dates the Vet visits your CPH to carry out the Follow-up:
a. At least 11 beef cattle.
b. At least 21 sheep.
c. At least 51 pigs.
15.11 To complete the Follow-up, you must ask the Vet to do all of the following:
(a) visit the relevant herd or flock of Single Species and take samples from and/or make an assessment of the relevant minimum number of Single Species required for testing as described in condition 16.4.
(b) The minimum number of Single Species required under condition 16.4 is different to the minimum number set out in condition 15.10 above, you must comply with both.
(c) send relevant test samples for the tests described in condition 16.4 to a laboratory that meets the testing and specification requirements for the relevant analysis; the Vet Guidance has further information on what a suitable laboratory for each Single Species will be.
(d) provide you with a written report (the “Follow-up Report”) and you must ask the Vet to follow the Vet Guidance setting out what should be in the Follow-up Report. The Follow-up Report will provide you with an action plan for dealing with any identified diseases which will include confirmation that a biosecurity assessment has been done if necessary. A Follow-up Report is required for each Follow-up undertaken.
(e) provide you with the relevant test results from the tests described in condition 16.4, including the detailed laboratory analysis;
(f) provide you with a separate summary sheet (the “Follow-up Summary Sheet”) as described in condition 17 to accompany the Follow-up Report referred to in condition 15.11(d). A Follow-up Summary Sheet is required for each Follow-up undertaken.
16. Testing a Single Species
16.1 You must ask the Vet to carry out the testing requirements for the Follow-up as set out in the Vet Guidance. This may include taking samples for testing, assessment of the condition of the relevant Single Species or both.
16.2 You must ask the Vet to take the samples for testing and/or carry out an assessment of the condition of the relevant Single Species on the date or dates the Vet carries out the Follow-up or agree with the Vet that you may take your own samples if your Single Species is sheep or beef cattle, see condition 16.4.1 and condition 16.4.3.
16.3 The type of samples and assessments the Vet carries out for the Follow-up may depend on the test results for your relevant Single Species under your Review or a review carried out under a Old Review.
16.4 Single Species Follow-up testing
16.4.1 Single Species - Beef Cattle
If you ask the Vet to carry out the Follow-up on beef cattle you must ensure:
(a) If your Review test result is positive for BVD you must ask the Vet to sample all the beef cattle in the herd as part of a Persistently Infected (PI) Hunt and to carry out a biosecurity assessment. You may be able to carry out BVD tissue (button tag) sampling yourself if agreed with the Vet.
(b) If your Review test result is negative for BVD then no further testing is required and no samples are required, but you must ask the Vet to carry out a biosecurity assessment.
16.4.2 Single Species – Pigs
If you ask the Vet to carry out Follow-up on pigs you must ask the Vet to take samples from exactly thirty (30) pigs for testing and carry out a biosecurity assessment.
16.4.3 Single Species – Sheep
(a) If you ask the Vet to carry out Follow-up on sheep, you must ask a Vet to sample or assess any number of sheep for at least one disease/condition under a sheep health testing package “the Package” as further explained and set out in the Guidance and Vet Guidance. You may be able to take samples yourself for the Package if agreed with the Vet.
(b) You may ask for more than one disease/condition to be tested under the chosen Package. However you will only receive one Payment, and any disease/condition testing not covered by this Payment must be paid by you to the Vet.
16.5 The samples taken for testing as set out in condition 16.4 are in addition to any other services which you may agree for the Vet to provide at the same time as the Follow-up but which are not covered by the Payment.
16.6 You must ask the Vet to send any samples set out in condition 16.4 for testing to a laboratory that meets the testing and specification requirements for the relevant analysis. If you have taken the samples under condition 16.4.1 or condition 16.4.3 you must send them to the laboratory that meets the testing and specification requirements for relevant analysis with a request that the laboratory sends the test results to the Vet. The Vet Guidance has further information on what a suitable laboratory for each Single Species will be.
16.7 You must ask the Vet to share the test results received from the laboratory set out in condition 16.6 for the relevant tests set out in condition 16.4.
16.8 For the avoidance of doubt you cannot use any test results from samples taken prior to the start of your Agreement to satisfy condition 16 and receive Payment. There is no restriction on what you can use the test results received under this Agreement for.
17. Follow-up Summary Sheet
17.1 The Follow-up Summary Sheet referred to in condition 15.11(f) must include all of the following:
(a) the unique reference number for your Agreement;
(b) your business name and SBI;
(c) the last date the Vet visited your CPH for the Follow-up.
(d) the Single Species you selected for the Follow-up;
(e) Confirmation that you had the required minimum numbers of the relevant Single Species in accordance with condition 15.10
(f) If your Follow-up was carried out on beef cattle as the Single Species and the Review result is positive for BVD:
i. the test results from the Review carried out within the last 10 months.
ii. the date or dates the samples were taken for testing of the beef cattle under condition 16.4.1. You must provide these dates to the Vet if you took the samples for testing.
iii. confirmation that the Vet (or you if agreed with the Vet) has carried out a Persistently Infected (PI) hunt by one or a combination of blood sampling for virus and/or BVD tissue (button tag) sampling for all cattle in the herd in accordance with condition 16.4.1.
iv. Follow-up test results (positive or negative).
v. the unique reference number for the laboratory test results or certificate number under condition 16.7.
vi. confirmation that a biosecurity assessment has been carried out.
(g) If your Follow-up was carried out on beef cattle as the Single Species and the Review test result is negative for BVD;
i. The test results from the Review carried out within the last 10 months.
ii. Confirmation that a biosecurity assessment has been carried out.
(h) If your Follow-up was carried out on pigs as the Single Species;
i. the test results from the Review carried out within the last 10 months.
ii. the date or dates the Vet took the samples for testing of the pigs under condition 16.4.2.
iii. confirmation that the Vet has taken samples from the relevant minimum number of pigs in accordance with condition 16.4.2.
iv. the number of blood (serum) samples tested under condition16.4.2.
v. the disease status category as defined in the Follow-up Vet Guidance
vi. the unique reference number for the laboratory test results under condition 16.7.
vii. the vaccination status.
viii. confirmation that a biosecurity assessment has been carried out, and if so, the percentage score.
(i) If your Follow-up was carried out on sheep as the Single Species:
i. the date the samples were taken for testing or the date the Vet assessed the condition of the sheep under 16.4.3. You must provide these dates to the Vet if you took the samples for testing.
ii. confirmation that the Vet (or you if agreed with the Vet) has taken samples or confirmation the Vet has completed an assessment for one of the tests of the relevant minimum number of sheep in accordance with condition 16.4.3
iii. the Package selected.
iv. the disease types tested or assessed.
v. the test results.
(j) confirmation that the Vet provided you with the Follow-up Report as referred to in condition 15.11(d);
(k) the RCVS-registered reference number for the Vet; and
(l) the signature of the Vet and the date the Vet signed the Follow-up Summary Sheet.
18. Payment
18.1.1. The Payment rates for completing the Follow-up of a Single Species as described in Condition 15, as relevant, are:
(a) £837 for a beef cattle Follow-up if the Review BVD test result is positive.
(b) £215 for a beef cattle Follow-up if the Review BVD test result is negative.
(c) £639 for Follow-up of sheep.
(d) £923 for Follow-up of pigs.
18.1.2 We reserve the right to make a change to the payment rates set out in 18.1.1. We will do so by giving you no less than twenty eight (28) days notice.
18.2 It is your responsibility to negotiate a price with the Vet and to ensure you pay the Vet. If the amount the Vet charges you for the Follow-up exceeds the amount of Payment that you are eligible to receive, you will be responsible for the excess amount.
18.3 To be eligible for the Payment, you must comply with your obligations under these terms and conditions.
18.4 In order to receive Payment you must submit your Payment claim via our digital service and comply with the following:
(a) You must have received confirmation of a valid Payment claim for the previous Review before submitting a Payment claim for the Follow-up.
(b) make sure the Vet completes the Follow-up in accordance with condition 15; and has provided you with the Follow-up Summary Sheet.
(c) complete and submit your Payment claim via our digital service before the Agreement End Date.
(d) Submit your test results received under condition 16.
(e) Claim up to a maximum of 3 separate Payments (subject to any additional Payments for a sheep Single Species Agreement as agreed in writing with us) and comply with the timeframes set out in condition 15.3 and condition 15.7.
18.5 When you have carried out the actions required under condition 18.4, we will use reasonable endeavours to make the associated Payment no later than twenty-eight (28) days after verifying your Payment claim is valid and meets these terms and conditions.
18.6 We will make the Payment directly to the bank or building society account that is registered with us for the SBI referred to under condition 2.2(b) via BACS transfer, subject to the necessary funds being available when the Payment falls due.
18.7 We reserve the right to withhold, delay, reduce or recover, the Payment or require repayment of all or part of the Payment if you fail to comply with any of these terms and conditions.
18.8 We reserve the right to withhold, delay, reduce, or recover the Payment or require repayment of all or part of the Payment if you;
a) defraud, mislead or provide false information to us,
b) fail to comply with condition 3
c) if you fail to comply with all relevant Law all in the performance of your obligations under this Agreement
18.9 If we inform you that you have received a Payment which does not meet the requirements of these terms and conditions, you must repay us any such amounts within sixty (60) days of the date of our demand for repayment.
18.10 Any sum that becomes repayable under condition 18.9 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.
18.11 Before taking any action under condition 18.7, condition 18.8 or condition 18.9 we will assess all the circumstances of a breach in a fair and consistent manner and take action as appropriate.
18.12 You may withdraw your claim for Payment at any time by giving us written notice of your wish to withdraw subject to condition 18.13. This does not prevent you from resubmitting your claim subject to condition 2.4(a). In the event of withdrawal, any Payment already made to you, shall be fully repayable to us.
18.13 You may not withdraw your claim:
(a) in the event that we have informed you of a breach of this Agreement; or
(b) where we have given you notice of a suspected breach of this Agreement; or
(c) where we have asked you to send us any evidence in relation to your compliance with this Agreement
18.14 If you fail to comply with condition 18.3 and 18.4 you will be in breach of your Agreement. We understand that there may be circumstances where you are in breach of condition 18.4(c) because of events outside of your control (a “Good Reason”).
18.14.1 If you breach condition 18.4(c) for a Good Reason, you (or any person authorised to act for you) must notify us in writing to explain the Good Reason. If we determine that there is a Good Reason for the breach of your Agreement you may still be eligible for the Payment You must notify us in writing within eight (8) weeks from:
(i) the date you are able to; or (ii) the date we notify you of the Determination on the breach of the Agreement
18.15 A decision about whether you are still eligible for the Payment under 18.14 will be at our sole discretion and you may be asked to provide further evidence to support your Good Reason for the breach of your Agreement.