Invoke the force majeure clause in your legacy scheme
Use this form to notify the Forestry Commission of your intention to invoke the force majeure clause in your legacy scheme (English Woodland Grant Scheme or Farm Woodland Premium Scheme).
Applies to England
Documents
Details
If you hold a Forestry Commission legacy scheme, your agreement will be subject to a force majeure clause. If you wish to invoke the force majeure clause, you must notify us in writing (email or letter) within 15 days of being able to do so, after an incident has occurred, using this report form. There is no flexibility in EU legislation to depart from this basic legal requirement.
Force majeure/exceptional circumstances is defined as an abnormal and unforeseeable circumstance outside of your control, the consequences of which, in spite of the exercise of all due care, could not have been avoided. The circumstance must be caused by an event. You can invoke the force majeure clause if you consider that such circumstances have impacted your scheme in such a way that:
- part or all of the area impacted no longer meets the obligations of the scheme (the scheme rules) i.e. non-compliance with the scheme
- The impacts mean that you can no longer submit a valid claim
Either one or both of the above may apply, if grants are still due for payment.
How to complete this form
You must complete a request for force majeure using this application form.
You must provide all relevant evidence with your application to enable the Forestry Commission to decide on your application.
Complete all sections of this form electronically. If you are unable to complete the form electroni-cally and need to do it by hand then please:
- use black ink
- use block capitals
- use the boxes available to complete the form
Complete this form if you consider that force majeure/exceptional circumstances have impacted your scheme in such a way that:
- part or all of the area impacted no longer meets the obligations of the scheme (the scheme rules)
- the impacts mean that you can no longer submit a valid claim
You will need to give evidence that shows:
- what has happened
- how the event means you can no longer meet the scheme rules
Each case will be considered individually. You are advised to keep a completed copy of this form.
You should return the completed form to the FC Compliance Team:
Email: FS.Compliance@forestrycommission.gov.uk
Postal address:
Forestry Commission
National Legacy Manager
620 Bristol Business Park
Coldharbour Lane
Bristol
BS16 1EJ
How to appeal the decision on your application
We will consider each application on an individual basis. If we refuse your application to claim force majeure, you have the right to appeal this decision. You should send your appeal in writing to the SFM Head of Incentives, either by email or post:
Email: penny.oliver@forestrycommission.gov.uk
Postal address:
Forestry Commission
SFM Head of Incentives - Penny Oliver
620 Bristol Business Park
Coldharbour Lane
Bristol
BS16 1EJ
Last updated 16 March 2021 + show all updates
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Update to email address on the Force Majeure application form.
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The guidance on how to complete the 'Force majeure application form for Forestry Commission Legacy schemes' and appeal the decision on your application has been updated.
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First published.