Guidance

Capital grants agreements: Terms and Conditions 2026

Published 5 January 2026

Applies to England

These Terms and Conditions set out the rules that the Agreement Holder (“you”) and the Rural Payments Agency (referred to below as “us”, “we, “our”) must follow for the duration of your capital grant agreement (“Agreement”).   

1. Introduction

1.1 Countryside Stewardship Capital grants scheme

Countryside Stewardship Capital grants is a scheme run by the Rural Payments Agency (“RPA”) 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 (“2020 Act”) and in conjunction with the Agriculture (Financial Assistance) Regulations 2021 (“Regulations”)

The Capital grants scheme is made up of 6 offers:  

i. Capital Grants

ii. Capital grants plans   

iii. Higher Tier Capital Grants   

iv. Protection and Infrastructure grants   

v. PA3 Woodland Management Plan   

vi. Woodland Tree Health grants   

These Terms and Conditions apply to all six Capital grants scheme offers. The offer that you have selected and which is the subject of your Agreement will be shown on your Agreement Document.

1.2 About these Terms and Conditions

1. The "Agreement" comprises:
1. the Agreement Document, which describes the Agreement Land and the sum to be paid to you being the Grant for delivering the Capital Items you have selected;
2. these "Terms and Conditions", which are applicable to the payment of the Grant;
3. the selected Capital Items as shown your Agreement Document and corresponding specification(s);
4. the Agreement Holder’s guide; and
5. The Evidence you must keep section for each item on of the Capital grant finder which outlines what evidence you need to provide with a claim form.
2. If there is any conflict between these Terms and Conditions, the Agreement Document, the Capital Items and the Agreement Holder’s guide, these Terms and Conditions will be given priority.
3. When you enter 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:

1. how we will pay the Grant to you, as set out in your Agreement Document;
2. how you or we may change or end the Agreement; and
3. what you need to do if you cannot comply with your obligations under the Agreement.

1.4 References in the Terms and Conditions

1. Definitions of capitalised terms can be found in the definition of terms at the end of these Terms and Conditions.
2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
3. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
4. 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.
5. A reference to a public organisation includes a reference to any successor to that public organisation.
6. 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 Agreement Holder’s guide

1. We have published guidance and information relating to Capital grants on GOV.UK including the Agreement Holder’s guide. The Agreement Holder's guide contains mandatory requirements; you must comply with these requirements as a condition of receiving the Grant. Therefore, it is important that you familiarise yourself with the content of the Agreement Holder's guide.
2. The Agreement Holder’s guide may be amended, or a new version created, throughout the lifetime of the Countryside Stewardship scheme. However, the version applicable to you and your Agreement shall be the version which was current at the Agreement Start Date.
3. The Agreement Holder shall comply with the Agreement Holder’s guide as a condition of receiving the Grant. 

2. About Your Agreement

2.1 What you are declaring

By entering the Agreement, you confirm that:

1. the declarations made in your application for the Grant remain true and accurate to the best of your knowledge and belief;
2. you have full capacity and authority to enter into the Agreement;
3. 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;
4. you have read and understood and will comply with the Agreement;
5. 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;
6. 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;
7. 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;
8. all information provided by you to us in connection with the Agreement is and will remain true and accurate;
9. you have disclosed to us all information which would or might reasonably be thought to influence us in making the Grant offer; and
10. 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 will have obtained and will maintain and comply with any permits, licences, permissions, consents, approvals, certificates and authorisations (whether statutory or otherwise) which are required:

1. for the performance of your obligations under the Agreement; and
2. 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 you shall be deemed to be in breach of the conditions of the Agreement if you dishonestly, knowingly or recklessly provides false or misleading information or intentionally obstructs or fails to assist the Authority or any person carrying out any public functions or exercising any rights or powers in connection with the Agreement and such conduct by you may result in:

1. the Grant being delayed, reduced, recovered or withheld and/or
2. this Agreement being terminated in accordance with condition 15 (Termination of an Agreement) and/or
3. you being excluded from participating in other Defra schemes for up to two years.

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 earlier termination in accordance with condition 15 (Termination of an Agreement), it shall continue in force until the Agreement End Date.

2.7 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 Capital Items you have selected. This is explained in the ‘Management control of land’ section in the Agreement Holder’s guide.

3.2 Where you are the landowner, you must have Management Control of the Agreement Land for the Agreement and Durability Period.

3.3 If you hold the Agreement Land as a tenant:

1. you must ensure that by entering the land into the Agreement you do not breach the conditions of your tenancy; and
2. you must have Management Control of the Agreement Land for the Agreement Period and, subject to i and ii below, the Durability Period. If your tenancy expires before the end of the Durability Period, then you must have:
1. your landlord’s written consent for you to complete any remaining capital works and to maintain Capital items for the Durability Period; or
2. written commitment, in the form of a Land Ownership and Control Form countersigned by your landlord, that your landlord will maintain Capital Items for the Durability Period.

If you lose Management Control

3.4 If you lose Management Control of all or part of the Agreement Land before the Agreement End Date you must inform us using the procedure in condition 7 (Change of Circumstances).

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

3.6 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 the Grant already received as set out in condition 7 (Change of Circumstances).

3.7 If you lose Management Control of any land parcel in the Agreement before the end of the Durability Period you may have to repay some, or all the Grant already received as set out in condition 7 (Change of Circumstances).

4. Common Land and Shared Grazing

4.1 If your Agreement Land is Common Land:

1. You must be a “single entity”, either as a sole beneficiary or a group;
2. If the single entity is a group, you must register with us in the Rural Payments service and have a Single Business Identifier for the group.

4.2 You (the single entity under condition 4.1) 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 the Agreement and Durability Period.

4.3 For a group to have sufficient Management Control you must also take reasonable steps to contact and consult everyone with a legal interest in the management of the Common Land; and

1. obtain the consent of the owner of the Common Land if it is required.

4.4 If you hold Common Land under a tenancy:

1. you must ensure that by entering the land into the Agreement you do not breach the conditions of your tenancy; and
2. you must have Management Control of the Agreement Land for the duration of the agreement and the Durability Period or if the tenancy expires before the end of the Durability Period, then you must have:
1. your landlord’s written consent for you to complete and maintain Capital items for the Durability Period; or
2. written commitment, in the form of a Land Ownership and Control Form countersigned by your landlord, that your landlord will maintain Capital Items for the Durability Period.

5. Compliance

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 2.1 as a condition of receiving the Grant.

5.2 You shall deliver the Capital Item(s) in accordance with the standards and requirements set out in the Agreement Document and the Agreement Holder’s guide (including any relevant time limits) and in the agreed location(s).

5.3 You shall comply with any requirements set out in the Agreement Holder’s guide to maintain the Capital Items and use them solely for the purpose they were funded for the Durability Period.

5.4 You shall:

1. provide any information requested by us in relation to the Agreement;
2. comply with and be subject to all applicable domestic Law, including the requirements of the Regulations and any relevant provisions of the 2020 Act.
 

6. Changes to your Agreement

6.1 Removing Capital Items or land from the Agreement

1. During the Agreement Period, we will not usually allow you to remove a Capital Item or remove land from the Agreement Land. This is explained in the “Changes to your agreement” section of the Agreement Holder’s guide.
2. If you want to remove a 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.
3. We will consider requests made 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 7.1. We will inform you of our decision within a reasonable time period.
4. If we approve a request to remove a 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.
 

6.2 When we may change your Agreement

1. 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). However, it is possible we may need to change the Agreement during the Agreement Period. For example, this may be the case:
1. if we need to make changes to these Terms and Conditions or the Capital Items;
2. there is a change in Law; or
3. 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.
2. 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.
3. If you are unable or unwilling to accept the variation to the Agreement or the proposed variation will impact your receipt of the Grant and involvement in Capital grants, you must notify us in accordance with the process set out in condition 7.2 (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 listed in condition 7.3 which may include termination of your Agreement.
4. 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

1. We may identify factors which may temporarily impact your ability to complete your selected 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.
2. If condition 6.3 applies, we may make a temporary adjustment to the Capital Items in the Agreement, with this temporary adjustment only being effective during a time period specified by us.
3. If we make a temporary adjustment under condition 6.3(a), 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:
1. the details of the temporary adjustment;
2. the time period for when the temporary adjustment applies, including a start date and end date;
3. the evidence you must keep if you choose to comply with the temporary adjustment, as described under condition 6.3(f).
4. The temporary adjustment under condition 6.3(a) will cease to apply after the end date specified in our notice under condition 6.3(c). After that end date, if you have been impacted by the events giving rise to the temporary adjustment and have not been able to complete the capital works related to your Capital Items, you must complete your selected Capital items to comply with your obligations under the Agreement as if no temporary adjustment had been made.
5. There is no obligation for you to take the benefit of any temporary adjustment under condition 6.3(b). If you can continue to comply with the Agreement and continue with the capital works related to your selected Capital Items without the need for a temporary adjustment you should do so.
6. If you choose to comply with and take the benefit of the temporary adjustment under condition 6.3(b), you must:
1. keep Records to evidence your compliance with condition 6.3; and
2. complete and retain a copy of the notice we publish on GOV.UK under condition 6.3(c).

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:

1. your eligibility for the Grant;
2. the Grant you should receive;
3. your ability to complete the Capital Items; or
4. your ability to comply with these Terms and Conditions.

This is explained in the section about a ‘Change of circumstances’ in the Agreement Holder’s guide.

7.2 Notifying us of a  Change of Circumstances

If condition 7.1 applies, you must notify us in writing without delay. If we have published a temporary adjustment notice in accordance with condition 6.3(b) 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:

1. 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;
2. amend, remove or replace the Capital Items or timescales either temporarily or permanently;
3. reduce the Grant either temporarily or permanently;
4. require you to repay some or all of the Grant already paid to you; and/or
5. 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 ninety (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 ‘Change of ownership’ section in the Agreement Holder’s guide.

9. Payments

9.1 Your Grant will comprise payments to reimburse expenditure on Capital Items only. Payment of the Grant is conditional upon you complying with your Agreement.  

9.2 Frequency of payments

1. The Grant will be paid on an ad hoc basis as set out in the Agreement Document.
2. You must submit Payment Claims for Capital Items and supporting documents to us in accordance with the instructions provided in the Agreement Document, the Agreement Holder’s guide, the Capital grant finder and on the claim form.

9.3 Where payments will be made

1. The Grant will be paid directly to your nominated business bank account or building society 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.
2. 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 of the Grant 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:

1. you breach your Agreement;
2. you fail to submit a Payment Claim in accordance with the instructions provided in the Agreement Document, the Agreement Holder’s guide, the Capital grant finder and on the claim (including the provision of any supporting documents necessary to enable the claim to be processed);
3. you fail to submit a valid Payment Claim by the specified deadline;
4. you fail to comply with the requirements set out in the ‘Make a claim for payment’ section of the Agreement Holder’s guide; or
5. 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 Over-declaration of expenditure section in the Agreement Holder’s guide.

9.5 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.

9.6 Prior expenditure

Unless otherwise explicitly permitted in writing by us, the Grant may not be used to reimburse any expenditure on Capital Items 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 immediately 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 Capital Items to the required specification.

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:

1. for virtual or physical site visits:
1. 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
2. provide any assistance reasonably requested by an Authorised Person.
2. 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 Authorised 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 (in whole or in part) and/or the Agreement terminated in accordance with condition 15.

12. A Breach of your Agreement

12.1 Breach

1. 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:
1. you have, at any time, given false or misleading information to us;
2. you are in breach of the terms or conditions of the Agreement;
3. you receive or use the Grant otherwise than in accordance with the Agreement;
4. you incur expenditure using the Grant on activities that breach any Law;
5. you are in breach of any requirement to which you are subject under the Regulations;
6. 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:
1. Parliament;
2. a body exercising public functions within the United Kingdom; or
3. the European Union
7. 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);
8. there has been a material change in the nature, scale, costs or timing of any Capital Item under the Agreement;
9. any Capital Item under the Agreement has been or is being delayed or is unlikely to be completed;
10. you have not notified us of a Change of Circumstances under condition 7;
11. you have failed to secure all necessary regulatory consents, permissions or licences that apply to you and your land;
12. you have failed to provide required information, records or evidence;
13. you have failed to prevent or report actual or anticipated fraud or corruption in relation to the Grant;
14. 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
15. you breach any prescribed rules set out on the GOV.UK web page which explains 'Rules for farmers and land managers' (the "Rules for Farmers"), any other relevant 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.


1. 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 ’What happens if you breach your agreement’ section of the Agreement Holder’s guide. You may respond to any Determination in accordance with condition 14 (Reconsideration of Decisions and Determinations).
2. 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:
1. issuing a warning letter to you;
2. amending, removing or replacing a condition subject to which financial assistance is given either temporarily or permanently;
3. amending, removing or replacing any agreed standards or timescales either temporarily or permanently; and
4. permitting you to rectify the breach within a specified period.
3. 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


1. 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.
2. Where we require any part or all the Grant to be repaid in accordance with this condition 12 you shall repay this amount no later than sixty (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 sixty (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 a 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.

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

1. natural events, such as prolonged adverse weather conditions, flooding, or animal or plant disease;
2. if you are seriously ill;
3. if you die;
4. 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;
5. financial circumstances, such as bankruptcy;
6. evidenced supply chain problems;
7. criminal damage by a third party, such as arson or vandalism;
8. the accidental destruction of Capital Items connected to the Agreement;
9. an epizootic or a plant disease affecting part or all of the Agreement Holder’s crops, trees or livestock;

We provide further details as to what Good Reasons could include in the (“Good reasons for a breach”) section of the Agreement Holder’s guide.

13.3 Notifying us about a Good Reason for breach

1. If condition 13.1 applies, you (or any person authorised to act for you) must notify us in writing to explain the Good Reason.
2. If the Good Reason relates to a breach of condition 12.1(a)(xii) you must notify us in writing immediately.
3. In all other cases, you must notify us in writing within eight (8) weeks from:
1. the date you can; or
2. the date on which we notify you of the Determination on the breach of the Agreement.

13.4 We will consider the facts on a case-by-case basis in deciding whether 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  (Change of Circumstances) or Determination for a breach of the Agreement under condition 12 (Breach of an Agreement) 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 sixty (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 sixty (60) calendar days of the date you are notified of that outcome where you believe the outcome of our reconsideration:

1. was based on an error of fact;
2. was wrong in Law; or
3. 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:

1. you have breached the terms of the Agreement or there has been a Change of Circumstances affecting your eligibility to receive the Grant (whether or not we have taken steps to recover the Grant in accordance with condition 12 (A Breach of your Agreement)
2. you have failed to repay any sum which has become recoverable by us in accordance with condition 12 (A Breach of your Agreement) or 10 (Undue payments or overpayments); and/or
3. 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 (2) 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 at least six (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 You may terminate the Agreement at any time by giving written notice to us. You understand that in such circumstances 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 have been made.

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 the  Agreement Holder’s guide 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 (‘ What information we may publish about you’). 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 five (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/EIRs request from a member of the public, you shall not respond to the request but shall forward the request to us within two (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 contained within a request 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 must 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  Agreement Holder’s guide and in any separate written instructions issued to you by us or our authorised representative.

20.2 You must keep all invoices, receipts, and accounts and any other relevant documents relating to the expenditure of the Grant for a period of at least seven (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 must 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 must provide any of the information referred to in this condition 20 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 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:

1. your full name;
2. the post town, post code area and district where you are resident or located;
3. the total Grant payments received by you in that financial year; and
4. 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 (3) 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 agree 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 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, and in accordance with the procedure set out in the Agreement Holder’s guide.

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 the law of England and Wales and you can only bring legal proceedings in respect of this Agreement in the English courts.

Definition of terms used in the Capital grants 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.

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 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, where applicable, on the Agreement Map.

Agreement Map(s): the map(s) accompanying the Agreement Document (or otherwise provided to the Agreement Holder by the Authority), showing the Agreement Land and the agreed location of any Capital Items.

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.

Capital grant finder: means the online tool to search for funder capital items and their supplements available at Capital grant finder.

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.

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.

Data Protection Legislation:

(a) the UK General Data Protection Regulation (GDPR) and any applicable 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.

Durability Period: means you must maintain all Capital Items under your Agreement in the condition, for the purpose and to the specification set out in the Agreement, for five (5) years from the Agreement Start Date.

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, to reimburse expenditure on Capital Items.

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.

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

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

Rules for Farmers: Rules for farmers and land managers - GOV.UK.

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 Risk Management Authority

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

UK GDPR: has the meaning set out in Section 3(10) of the Data Protection Act 2018, supplemented by Section 205(4) of the Data Protection Act 2018.

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