Policy paper

Farm Tenancy Forum: terms of reference

Published 24 May 2023

Applies to England and Wales

Role of the Farm Tenancy Forum

The Farm Tenancy Forum is a joint industry and Department for Environment, Food and Rural Affairs (Defra) group that will:

• have the primary role of supporting the implementation of the government response to the Rock Review
• explore all issues relating to the tenant farming sector in England
• provide ongoing engagement and feedback between Defra and the tenanted sector

The Forum will feed into and support the design and delivery of policy and schemes in England from the perspective of the tenanted sector.

However, on matters that relate to agricultural tenancy legislation in England and Wales, the Forum will also have a role in providing feedback to Defra and the Welsh Government.

Objectives

The Forum’s objectives are to:

• support the implementation of the government response to the Rock Review, feeding back real-world experience and insight on progress
• meet quarterly – the Defra Minister for Food, Farming and Fisheries to attend, to provide updates, feedback, and insights on how the tenanted sector is progressing and adapting through the agricultural transition period and beyond
• provide regular feedback on trends in tenant/landlord agreements and report any emerging issues that may need addressing
• feed in evidence and insights to Defra on farming policy and environmental land management scheme design and delivery, and how they are accessible to, and impacting on, the tenanted sector
• feed in evidence and insights to Defra on matters relating to agricultural tenancy legislation in England and Wales
• develop and disseminate industry codes of good practice, guidance and standards of conduct and behaviour that will be help encourage collaborative relationships and uptake, and access to new schemes by the tenanted sector
• provide balanced feedback from the perspectives of all interests in the tenanted sector including tenant farmers, landlords and professional advisors

Membership

Members of the Forum will be invited from key organisations from across the agriculture industry that have an interest in, or represent (or both) those in the tenanted sector. This includes representatives of tenant farmers, landlords, local authorities with tenant farming estates and representatives of the professions that work in the sector (agricultural valuers, land agents, surveyors and lawyers).

Membership also includes officials from the Welsh Government to enable engagement and feedback on any matters that relate to agricultural tenancy legislation in England and Wales. The Forum will be co-chaired by an industry expert (appointed by Defra ministers) and a Defra official.

Membership will be invited from organisations representing tenant farmers, landlords, professional advisors and government officials.

Organisations representing tenant farmers will be:

• Tenant Farmers Association (TFA)
• National Farmers Union (NFU)
• National Federation of Young Farmers Clubs ( NFYFC)

Organisations representing landlords will be:

• Country Land and Business Association (CLA)
• Association of Chief Estates Surveyors (local authorities with tenant farming estates)
• Institutional Landowners Group

Organisations representing professional advisors will be:

• Agricultural Law Association (ALA)
• Central Association of Agricultural Valuers (CAAV)
• Royal Institution of Chartered Surveyors (RICS)

Government officials will be:

• Defra officials (officials to provide policy support)
• Welsh Government officials (when agricultural legislation is being discussed)

These organisations will be invited to nominate one member for the Forum which will be approved by Defra ministers and the co-chair of the Forum. Members of the Forum will represent and feed in views and advice that reflect:

• the views of their organisations
• the views of their wider membership
• the informed opinion of their individual expert insights

The chair, membership and terms of reference of the Forum will be reviewed by Defra every 3 years to ensure the full breadth of expertise is available.

Ways of working

Frequency of meetings

The Forum will meet quarterly, with the Defra Minister for Food, Farming and Fisheries in attendance, to ensure advice and feedback on the tenanted sector is provided regularly throughout the year.

However, if needed, the Forum may decide to meet more frequently where there are specific issues or activities that require more urgent or ongoing attention.

The format of meetings may be a mixture of:

• in person face-to-face meetings
• hybrid meetings (a combination of in-person and virtual)
• virtual meetings (online via MS Teams or Zoom)

Meetings will be conducted with regard to the terms of membership and confidentiality set out here. Meeting notes and actions will be recorded and shared with members of the Forum for their records but will not be made public.

Subgroups and other expertise

The Forum may set up subgroups internally or draw on the views and expertise of a range of individuals or organisations outside of the main membership of the Forum to explore and deal with specific issues that arise.

Policy support

Defra will support the Forum (provided by officials in the Agri-Food Chain Directorate and the Farming and Countryside Programme).

This will include:

• working with the co-chairs to set the agenda and agree papers that may need to be circulated ahead of meetings
• providing meeting rooms and refreshments for Forum meetings (when needed)
• preparing, and circulating minutes/meeting notes and issues and action logs for Forum meetings
• coordinating input and updates to Forum meetings from relevant Defra policy and scheme design teams
• securing input from other government departments and agencies when needed

Terms of membership

The co-chair and members of the Forum are not formal public appointments, and the Forum is not a formal public body. However, whilst participating in the Forum, all members are encouraged to adhere to the Seven Principles of Public Life set out in the Nolan Committee on Standards in Public Life (selflessness, integrity, objectivity, accountability, openness, honesty and leadership).

Where possible the aim of the Forum should be to reach consensus when feeding in views or advice, or both, to Defra on policy, scheme design and other issues. However, where there are differences within the Forum, a majority view may be provided with any differences clearly set out to ensure Defra is aware of the range of perspectives. Participation in the Forum is also conditional on all members following the confidentiality terms set out here.

Confidentiality and use of official information

The co-chair and all members of the Forum must not misuse information gained in the course of their membership of the Forum for personal gain or political purpose.

You must not disclose any information which is confidential in nature or which is provided in confidence, without authority from Defra.

This condition continues to apply after your membership has ended. You are required to exercise care in the use of information that you acquire in the course of your membership and to protect the information that is held in confidence.