Guidance

Agreement holder's guide: Mid Tier grants and Wildlife Offers 2023

Updated 6 December 2023

Applies to England

If you’re applying for Countryside Stewardship (CS) Higher Tier, follow sections 1 to 5 of the applicant’s guide.

If you’re an agreement holder, follow section 6 and 7 of this guide, and the CS Terms and Conditions.

How to manage your agreement and comply with the scheme’s terms and conditions.

6. Scheme requirements and procedures

6.1 Entering into an agreement

If your Mid Tier application is successful, we will send you an agreement offer:

• from the Rural Payments service if you applied online
• by post or email, if you’ve applied by this route

If you want to accept the agreement, sign and return the acceptance declaration to us within 20 working days of the date on the offer.

All Mid Tier agreements start on 1 January 2024.

For capital items you should not start work or incur costs before the agreement start date of 1 January 2024 (or the date you accept your agreement offer, if this is later than 1 January 2024). If you do, you will not be paid for these ineligible capital items and in certain cases the agreement may be terminated.

You may be able to leave your CS agreement early (usually at the end of a calendar year) if you are successful in securing a place on another environmental land management scheme and your new agreement delivers equivalent or greater environmental benefit.

6.1.1 Your agreement and its effect on the current cropping cycle

You do not need to destroy crops which are in the ground at the start of an agreement (1 January 2024) to establish a chosen option – you can manage and harvest them as normal farm crops.

However, some options may have restrictions on their management from 1 January 2024. For example, the option may require that you do not use any fertiliser, pesticide sprays or other inputs. This will be detailed in your agreement.

Agreement options may involve work that can only take place at certain times of the year or under certain conditions, for example fencing to permit grazing, or creating beetle banks or nesting plots for lapwing. In these cases, you must complete the work and meet any option requirements during the first 12 months of the agreement.

Some options such as basic overwintered stubble (AB2) advise that the stubble be kept until 15 February in the year after it was established. However, it only needs to be retained until 31 December in the last year of the agreement.

6.2 General CS requirements

‘Agreement Holder’ means the person (whether an individual, a company or other entity) who has entered into the CS agreement as identified in the Agreement Document – read clause 1 of the CS Terms and Conditions.

You must achieve your capital items and the multi-year management options in accordance with the standards and requirements set out in your Agreement Document and CS guidance (including any relevant time limits) and in the agreed location(s) as identified on the Agreement Map(s).

‘Agreement Land’ is the land parcels defined in the Agreement Document and identified on the Agreement Map(s), and any land parcels where rotational options are active in a particular year, as defined in clause 1 of the CS Terms and Conditions.

You, as the Agreement Holder, must follow all the general management requirements on the Agreement Land throughout the period of the agreement unless specifically:

• stated otherwise in another section of this guide
• permitted in the recommended management of the option as part of the CS Agreement Document
• required for organic management

6.2.1 CS management requirements

You must not:

• allow Agreement Land to be levelled, infilled, or used for the storage or dumping of materials
• light fires (including burning brash or cuttings) on the Agreement Land
• allow field operations or stocking to cause any ground disturbance, wheel rutting, poaching or compaction on Agreement Land

You can use Agreement Land to store muck heaps temporarily if you can continue to meet all the requirements in your agreement that apply to the area concerned.

6.2.2 Protecting historic features

These requirements apply to any features marked on the FER map and HEFER, and also to any additional features that we later write to tell you about.

You must not:

• cause ground disturbance, including poaching by livestock, on known archaeological features or areas of historic interest under grassland, unless the ground disturbance is part of a programme of works intended to protect the historical or archaeological feature
• sub-soil or de-stone on areas containing known archaeological features unless these operations have been carried out as part of a routine in the past 5 years, and you must have Scheduled Monument Consent from the Secretary of State for the Department for Culture, Media and Sport, as advised by Historic England, to carry out sub-soiling on Scheduled Monuments
• deliberately plough more deeply or undertake additional ground works or drainage on those areas already under cultivation that contain known archaeological features
• allow free-range pigs on archaeological features
• remove any useable building stone, walling stone or traditional roofing material (excluding materials produced from established quarries) from known archaeological features or areas of historic interest on the Agreement Land
• damage, demolish or remove building material from substantially complete ruined traditional farm buildings, from historic boundaries or from boundaries of parcels containing known archaeological features or areas of historic interest

6.2.3 Hedgerows

In any one calendar year, you must not cut more than 50% of all hedges on or bordering Agreement Land. This includes all parcels under agreement, including land parcels which have been selected for rotational options but where rotational options are not sited during that year.

There is an exception for public safety, allowing road and trackside hedgerows to be cut annually or more frequently.

You must mark all hedges on or bordering Agreement Land on the FER map. You can find detailed guidance on the relevant hedges, and how to mark them on the FER map, with the application pack.

6.2.4 Grazing management

Mid Tier multi-year management options which limit grazing activity are listed in table 1.

Table 1: Mid Tier multi-year management options where average stocking densities apply

Option code	Title
AB1	Nectar Flower mix
AB6	Enhanced overwinter stubble
AB7	Whole crop cereals
BE4	Management of traditional orchards
GS1	Take small areas out of management
GS3	Ryegrass seed-set as winter food for birds
GS4	Legume and herb-rich swards
GS6	Management of species-rich grassland
GS9	Management of wet grassland for breeding waders
GS10	Management of wet grassland for wintering waders and wildfowl
GS15	Haymaking supplement
GS17	Lenient grazing supplement
OP1	Overwintered stubble
SW3	In-field grass strips
SW4	12 metres (m) to 24m watercourse or nitrogen sensitive terrestrial habitat buffer strips on cultivated land
SW7	Arable reversion to grassland with low fertiliser input
SW8	Management of intensive grassland adjacent to a watercourse
SW9	Seasonal livestock removal on intensive grassland
SW10	Seasonal livestock removal on grassland in Severely Disadvantaged Areas (SDAs) on land next to streams, rivers and lakes
UP1	Enclosed rough grazing
UP2	Management of rough grazing for birds
WD4	Management of lowland wood pasture and parkland
WD7	Management of successional areas and scrub
WD9	Livestock exclusion supplement – scrub and successional areas
WD10	Management of upland wood pasture and parkland

If the agreement contains one or more of these options, you must:

• avoid over-grazing and under-grazing across the whole grazed area of the holding distribute stock across the grazed area of the holding to make sure this is the case
• stock no more than 2.0 livestock units (LUs) per hectare (ha) on SDA land, or 2.5 LU per ha on non-SDA land, on average over the year across all agricultural land on the farm or production unit where the agreement is located

Under-grazing is where annual growth is not fully used, or where scrub or coarse vegetation is becoming evident, and this is damaging the environment of the site.

Over-grazing is where land is grazed by so many livestock that the growth, quality or diversity of vegetation is adversely affected, and this is detrimental to the environmental interests of the site.

Read annex 6 in the applicant’s guide for more information about what you need to include in your records, how to convert livestock numbers to livestock units and what to do when you take over additional land.

6.2.5 Nitrate Vulnerable Zones

If your Agreement Land is in a Nitrate Vulnerable Zone (NVZ), you must meet the requirements of both the relevant NVZ Action Programme and CS. Where the rules overlap, you must meet those that are the strictest.

6.2.6 Farming Rules for Water

You must meet the requirements of the Farming Rules for Water.

6.2.7 Maintaining capital items

You must maintain capital items funded under CS on Agreement Land, in the condition and to the specification for which they were granted aid, for a set period of time.

For capital works which form part of a multi-year agreement or part of a stand-alone capital agreement, this obligation will last for 5 years from the agreement start date.

We may recover payments if you do not meet these requirements, or if your Agreement Land that the capital item is located on is taken out of the scheme before the end of the agreement.

6.2.8 Heather and grass burning

Where you have the legal right to carry out burning, and intend to do so, you must comply with all relevant legislation, which includes the Heather and Grass etc. Burning (England) Regulations 2007 and the Heather and Grass etc. Burning (England) Regulations 2021. You can find details of the requirements and information on when to apply for a licence at Heather and grass burning: rules and applying for a licence.

You must also follow the Heather and Grass Burning Code (as may be amended).

If heather or grass burning is included in your CS application, your Natural England adviser will discuss a restoration plan with you.

6.3 Cross compliance

You must comply with all applicable domestic law. In particular, note that while cross compliance no longer applies, the majority of cross compliance rules are also requirements under domestic legislation.

6.4 Evidence: Record keeping and site visit

You must obtain and keep evidence to show you have carried out all the requirements of your agreement to support your claim or to support a site visit.

You must keep evidence to show that:

• you are eligible for the scheme
• capital works have been carried out to the required specification

If you’re selected for a site visit, we’ll check that you are meeting the aims of the management options. We may also check some specific areas, for example your use of fertilisers or pesticides, seed mixes, or stocking levels on land.

If we can see that you have met the aims of management options, we’ll not ask you to provide additional evidence to show this.

If we’re not sure if you’ve met the aims of your chosen options, we will look at your records or evidence. This includes any steps you’ve taken to follow the recommended management set out in the CS grant finder.

For capital items, you must follow the requirements for the specific item, including any specifications you need to adhere to and retain any records that are required to support your claim.

6.4.1 When you must provide evidence

You must keep any required evidence and supporting documents and have them available on request.

You can find a list of evidence requirements for individual management options and capital items in the CS grant finder. These records should demonstrate that you have done the required work. If you cannot provide evidence when asked, or the evidence you do provide is inaccurate or incomplete, we will treat this as a breach of your agreement and may apply reductions (see section 7.5).

Evidence to support your application

You must keep evidence to show that you, your business, your land, multi-year management options or capital items are eligible, as you may have to show this if you are chosen for a site visit.

During the agreement period

You may need to provide evidence to show that you have carried out the required actions. Evidence may be needed:

• to support a claim, in particular capital item claims – more information is set out in section 7.2 and, where relevant, further information will be sent with the claim form covering letter
• during or after a site visit, for our administrative checks or other checks as described in section 7.4

After the agreement has ended

The CS Terms and Conditions explain that you must keep all invoices, receipts, accounts and any other relevant documentation relating to the expenditure of the grant for at least 7 years from the end of the agreement.

6.4.2 Consents and permissions

It is your responsibility to get all consents, approvals or permissions that you may need due to your specific circumstances and to carry out the particular multi-year management option or capital item (read section 4.6 of the applicant’s guide). These consents and permissions must remain effective, and records kept, for the duration of the agreement.

6.4.3 Organic certification

You must meet the organic standards on all your organic land for the duration of the organic options in the agreement and keep records as evidence of organic farming practices.

This is an eligibility requirement and failure to comply could result in a breach of your agreement. This means a reduction may be applied or, in certain cases, this could lead to your agreement being suspended or terminated.

Record keeping requirements differ depending on whether land is certified as ‘organic’ or ‘in-conversion’. The organic schedule and certificate supplied by a Defra-approved Organic Certification Body (OCB) are legal proof of registration and provide verifiable evidence of the land status as ‘in-conversion’, or ‘fully organic’.

The evidence you need for organic support under CS is listed below. The evidence must cover all land and enterprises entered for ongoing support under CS organic options.

Fully organic

You must be able to show:

• a valid organic certificate and schedule issued by a Defra-approved OCB
• annual OCB inspection reports
• evidence of continued OCB registration

Organic conversion payments

You must be able to show:

• your conversion plan, approved by the OCB
• a valid organic certificate and schedule

New conversion

If you have not yet had an initial site visit and completed an OCB-approved conversion plan for the land in question yet (due to timing of conversion), you must have the following documents available on request if we ask to see them:

• a fully completed organic viability plan
• a completed conversion plan approved by the OCB as well as a valid organic certificate and schedule

6.5 Photographic evidence

For some multi-year management options and capital items, you need to keep dated photographic evidence. You must have this evidence available on request as we may ask to see it. You can either:

• use photographs with an automatic date stamp
• write the date the photograph was taken on the reverse

The need for dated photographic evidence depends on the multi-year management option or capital item. Check the individual management option or capital item requirements using the CS grant finder.

For photographic evidence the following general principles apply.

6.5.1 Before work stage

For some multi-year management options and capital items you need to take dated photographs and keep them to show where work or management will be undertaken on a particular feature or site. Check the individual management option or capital item requirements using the CS grant finder to see if this is the case.

6.5.2 During work stage

For the capital works in table 2, you will need to keep and submit contracts, invoices or other documents confirming that the technical specification for the completed works have been met. If you are unable to provide this, you will need to keep and submit dated photographs of the site during the different stages of the construction or build to show that the minimum specification has been met. If you have capital works that cannot be visually checked after the work has been completed, such as concreting or underground pipework, you will need to take photographs during construction.

Table 2: Capital items requiring evidence of completed work

Code	Capital item
AQ1	Automatic slurry scraper
AQ2	Low ammonia emission flooring for livestock buildings
LV3	Hard bases for livestock drinkers
LV4	Hard bases for livestock feeders
LV5	Pasture pumps and associated pipework
LV6	Ram pumps and associated pipework
LV8	Pipework associated with livestock troughs
RP3	Watercourse crossings
RP4	Livestock and machinery hardcore tracks
RP6	Installation of piped culverts in ditches
RP7	Sediment ponds and traps
RP9	Earth banks and soil bunds
RP12	Check dams
RP13	Yard – underground drainage pipework
RP14	Yard inspection pit
RP15	Outdoor concrete yard renewal
RP24	Lined biobed plus pesticide loading and washdown area
RP25	Lined biobed with existing washdown area
RP26	Biofilter
RP27	Sprayer or applicator load and washdown area
WN5	Pond management (100m2)
WN6	Pond management (more than 100m2)

6.5.3 Claim stage

For capital items, you may be required to submit dated photographs with your payment claim if you are unable to submit contracts, invoices or other documents that confirm the technical specification for the completed works.

If you have capital works that cannot be visually checked after the work has been completed, such as concreting or underground pipework, you will need to take photographs during construction.

Please follow individual capital item guidance. It is your responsibility to retain sufficient evidence to show that the investment or required management has taken place.

6.5.4 Photographic quality

All photographs must meet the following standards. Requirements apply equally to digital photographs or those supplied as paper photographs. We cannot accept data storage devices for security reasons, digital photos must be sent to us by email.

Quality – photographs must be in focus and clearly show the relevant management option, capital item or environmental feature. If you send your images by email, please send as JPEG files. Digital images should not be smaller than 600 pixels by 400 pixels and ideally the image file size no larger than 400KB. Printed photographs must be no smaller than 15cm by 10cm. Photographs can be either portrait or landscape.

Photograph to identify the environmental feature, management option or capital item concerned – it is your responsibility to have sufficient evidence that the investment or required management has taken place. For example, more than one photograph may be needed where the option, feature or item exceeds the frame or is not clear from a single photograph.

Where possible include a significant feature to provide authenticity, for example, ditch, fence, farm building, road, telegraph pole.

Where possible mark the photographed feature location, and direction from which the photograph has been taken, with an ‘X’ and an arrow on a copy of a map (or map extract) of the agreement area.

Where scale or continuity is important include a feature, or introduce one, for example a quad bike or vehicle, or use a sighting pole (2m high with 50cm intervals marked in red and white). Take pictures consistently from the same spot for before and after photographs of the environmental feature, capital item or management option.

6.5.5 Clearly label photographs

Use the Ordnance Survey (OS) map sheet reference and National Grid reference for the land parcel, followed by the relevant proposed or implemented management option or capital item code and, if more than one image is required, the image number.

The OS map sheet reference and National Grid reference should relate to the land parcel on which the environmental feature, management option or capital item is sited or for boundary features the adjacent land parcel. For example, if you need to take before and after photographs to show evidence that works have taken place for Gateway relocation (RP2), the image should be labelled as XX12345678_ RP2_1 and XX12345678_RP2_2.

Save digital images under the label outlined above. Clearly write the label on the reverse of printed photographs detailing the OS map sheet reference and National Grid reference for the land parcel, the implemented management option or capital item code, date, Agreement Holder name and Single Business Identifier (SBI).

6.6 Keeping farm records

You should obtain and keep evidence to show that you have followed the recommended management for options in your agreement to support your claim or to support a site visit.

Farm records will help show that you have carried out the activities in your agreement and that the funded activity is taking or has taken place.

Where there is an existing statutory or farm assurance scheme requirement to maintain relevant records, these records can be used as evidence. For example, you can use:

• plant protection products (PPPs) application records to prove the time of application and what products were applied for
• NVZ requirements for nitrogen planning and recording of nitrogen applications

You can use existing farm records (those you already keep as part of your commercial farm activities and planning) where these already meet scheme requirements. This may include pesticide records, nutrient management plans, the use of manure and fertiliser, stock and grazing records.

Where the scheme requirements are not covered by existing farm records, you will need to keep an additional record.

Examples

Where the use of pesticides (including herbicides) is prohibited or restricted to dealing with a particular problem, such as injurious weeds, or to a particular method, such as weed wiping or spot treatment, check that appropriate information is included as part of your Pesticides Record under ‘other/additional information’.

Some recommended management of options restrict applications of manufactured fertiliser to specified levels of phosphate and potash. In these cases, if you are within an NVZ you would need to record the application of phosphate and potash in addition to the application of nitrogen.

6.6.1 Stocking records

If any of your options relate to grazing management, you should keep appropriate records of all grazing periods. This will help demonstrate that you meet the grazing requirements for your agreement.

You can find more information about livestock record-keeping requirements in annex 6 of the applicant’s guide. You can find templates that you can use to keep these records at Livestock record keeping.

6.6.2 Nutrients

If any of your options require you to keep a nutrient management plan, you should keep relevant records. Commercial nutrient recording systems for fertilisers and manures normally meet this requirement. You must keep any required nutrient records on farm and make them available during site visits if we ask for them.

You must plan each application of manure or fertiliser on your land as set out under the Farming Rules for Water.

6.6.3 Recommended fertiliser management system

Some CS management options, such as SW7 (Arable reversion to grassland with low inputs), strongly recommend that you use a recommended fertiliser management system across the farm to achieve the environmental aims.

If you want to use such multi-year options, you should do one of the following:

1. Use a recommended fertiliser management system.

You must hold sufficient farm records and documentation to demonstrate that you are using a recommended fertiliser management system and that nutrient management planning is taking place.

Farm records must confirm that you:

• plan the application of nitrogen and phosphate fertiliser to each crop in each land parcel before applying it
• carry out periodic soil testing on relevant areas (every 5 years)

You must be able to show these records when we ask to see them or during a site visit.

2. Get advice to adopt a recommended fertiliser management system.

If you cannot show that you are already following a recommended fertiliser management system, you will need to get advice, so that you can start one across your farm within 18 months of the start of the agreement. You can get advice from the Farming Advice Service.

You will need to demonstrate that you are actively carrying out a fertiliser management planning system throughout the life of the agreement and send us these records if we ask to see them or show them to us during a site visit. You can ask for advice (at your own expense), but it must be from a suitably skilled agronomist or adviser. You can find more information about potential tools and advice under the heading ‘Guidance on using recommended fertiliser management systems and advice offered’ in this section.

3. Show exemption as a low intensity farmer.

You are exempt from this requirement if you can demonstrate that you are farming at a low intensity across your management or production unit or farm site. In these cases, you must meet all the following requirements:

• at least 80% of the land is grassland
• you apply no more than 100kg N per hectare per calendar year as organic manure, including what is applied directly to the field by animals
• you spread no more than 90kg N per hectare per calendar year as manufactured fertiliser and no organic manure is brought onto the farm site
• when calculating the fertiliser application rate, you must exclude any area of the farm site where you do not spread fertilisers or cultivate soil (for example rough grazing)

You need to keep adequate records on the farm site to show that you qualify as a low intensity farmer. You must send us these records if we ask to see them or show them to us during a site visit. If you do not hold fertiliser records for each land parcel, you must have sufficient information recorded to show that you meet the above low intensity farmer criteria.

You can find more information on:

• low intensity exemption applicants in Annex 1 Part A of the Nitrate Vulnerable Zones guidance on areas designated as NVZs in England 2021 to 2024
• how the use of nitrogen fertilisers and organic manures is restricted in NVZs..

Guidance on using recommended fertiliser management systems and advice offered

There are several recommended fertiliser management systems available, as well as guidance and advice, such as the Agriculture and Horticulture Development Board (AHDB) Nutrient Management Guide (RB209) to plan the nutrient requirements of the crops you plan to grow.

There are a number of tools available to help you meet the requirement to plan farm nutrient use efficiently. These include:

• the industry Tried and Tested Nutrient Management Plan
• PLANET: a software tool to help with field level nutrient management
• MANNER NPK: a software tool that provides a quick estimate of crop available nitrogen, phosphate and potash from applications of organic manure
• ENCASH: a software tool that calculates the nitrogen in manure produced by different types of permanently housed pigs and poultry

All 3 software tools are on the PLANET website.

There may be other packages providing a similar service.

There is also a wide range of advice available to help support you to improve nutrient management on your farm.

FACTS-qualified advisers are qualified to give advice to promote farming systems that maximise crop nutrition and protect the quality of soil, water and air and farm biodiversity. The FACTS scheme is administered by Basis Registration Ltd, and a list of qualified persons is available on request.

Catchment Sensitive Farming (CSF) works with farmers and land managers who can make the greatest environmental difference in terms of air and water issues, and areas identified by the Environment Agency (EA) where nature based solutions on agricultural land can make a contribution to natural flood management (NFM). Areas of associated risk are highlighted on the MAGIC website, under ‘Countryside Stewardship Targeting & Scoring Layers’, then ‘Water, and then ‘Countryside Stewardship Water Quality Priority Areas’ or ‘Flood Risk Priority Areas’.

6.7 Soil sampling

If you’re applying manure or fertiliser to cultivated agricultural land (including grassland where applicable), you must plan each application of manure and fertiliser considering the results of soil tests to make sure the application does not exceed soil and crop needs.

The requirement for soil sampling is set out under the Farming Rules for Water. Also see the CS grant finder.

Cultivated agricultural land is one or both of:

• land you’ve ploughed, sowed or harvested at least once in the last year
• land where you’ve applied organic manure or fertiliser at least once in the last 3 years

The results of soil tests must show the pH and levels of:

• nitrogen – you can estimate the soil nitrogen supply (SNS) index of a field by the Field Assessment Method described in the AHDB Nutrient Management Guide (RB209)
• phosphorus
• potassium
• magnesium

Soil test results must be no more than 5 years old at the time of application. Contact the EA if you need more advice.

6.7.1 Soil sampling on Scheduled Monuments

If your land parcel contains a Scheduled Monument, you must avoid this when taking soil samples. If you cannot avoid this because the Scheduled Monument occupies a significant proportion of the land parcel, you need to get consent from Historic England before taking soil samples.

You must get consent before taking samples to avoid a potential offence under the 1979 Ancient Monuments and Archaeological Areas Act.

Use the Consent for soil sampling on scheduled monuments form to request consent, then send it to Historic England, for consideration, using the details in the guidance attached to the form. Do not carry out the sampling until consent has been given.

You must send the results of the soil analysis to us and a copy to Historic England. Details will be included in your s17 agreement (under section 17 of the Ancient Monuments and Archaeological Areas Act 1979).

If you find any archaeological artefacts during sampling or through sample analysis, you must send details to Historic England and the local Historic Environment Record (HER). This includes evidence of any artefacts discovered outside the Scheduled Area but within the wider land parcel containing the Scheduled Monument.

6.8 Identifying species richness of grassland

You must complete and keep a declaration of qualifying criteria for the 4 grassland options:

• permanent grassland with very low inputs (outside SDAs) (GS2)
• permanent grassland with very low inputs in SDAs (GS5)
• management of species-rich grassland (GS6)
• organic land management – unimproved permanent grassland (OT2)

Use the template declaration or your own preferred format to meet these requirements.

6.9 Publicity requirements

The CS Terms and Conditions require you to comply with all instructions and guidance relating to acknowledging and publicising the support provided. This includes using any materials or templates which are provided for this purpose.

6.10 Metal detecting requirements

Metal detecting is not allowed on Scheduled Monuments, Sites of Special Scientific Interest (SSSIs) and known archaeological sites on Agreement Land. These are identified on the FER and the HEFER.

On all other Agreement Land, you must make sure that metal detecting does not conflict with the requirements of your agreement, in particular where proposed metal detecting may affect your ability to meet recommended management of an option. For example, options supporting ground-nesting birds, priority habitats, or rare arable plants are incompatible with ground disturbance, and such activities may cause a breach of agreement and result in recovering monies already paid, withholding future payments or interest payments – see section 7.5.

Any metal detecting that you allow on Agreement Land should follow best practice as set out in the Code of Practice for Responsible Metal Detecting in England and Wales (2017). You must report all finds to the Portable Antiquities Scheme.

6.11 Archaeological fieldwork requirements

If archaeological fieldwork (such as survey, test pitting or excavation) is proposed on Agreement Land that would cause, or may cause, ground disturbance or damage to any known archaeological sites or other environmental assets, you will need to request approval from us via a minor and temporary adjustment (MTA) – see section 7.10. Any proposed fieldwork must also have the written support of the local authority Historic Environment Service.

You will need written consent before any fieldwork can begin in the following circumstances:

• any archaeological fieldwork involving ground disturbance on Scheduled Monuments – this requires Scheduled Monument Consent from the Secretary of State for the Department for Culture, Media and Sport, as advised by Historic England
• on Scheduled Monuments – any geophysical survey requires a Section 42 licence from Historic England
• any archaeological fieldwork (including the use of ground-penetrating radar or remote sensing) on SSSIs requires written consent from Natural England

6.12 Farm Environment Record (FER) and Historic Environment Farm Environment Record (HEFER)

As set out at section 4.7 of the applicant’s guide, it is a mandatory requirement to retain all the features identified in the FER and the HEFER, and to protect them from damage or removal for the period of the agreement.

6.13 Subsidy control rules

CS payments may be subject to subsidy control or equivalent rules.

We will publish further information on GOV.UK.

7. Managing your Mid Tier agreement

You must read and meet the requirements in this section which are mandatory for all Mid Tier Agreement Holders.

A CS agreement is made up of the:

• CS Terms and Conditions
• Agreement Document (which sets out Agreement Holder-specific details)
• supplementary documents referred to in the Agreement Document

7.1 Agreement period

Mid Tier agreements, including the Wildlife Offers, last 5 years from the agreement start date. The capital works within a Mid Tier agreement must be completed in the first 3 years of the 5-year Mid Tier agreement.

7.2 Submitting a claim

To submit a claim online, sign into the Rural Payments service.

Read the guidance on how to make a capital or revenue claim for Countryside Stewardship.

If you cannot make a claim online, contact us by telephone on 03000 200 301 to ask for a claim form.

The claims process is different for management options and capital items. Follow the relevant claims process to submit your claims.

7.2.1 Submitting claims for multi-year management options

Mid Tier agreements, including the 4 Wildlife Offers, are agreements with management options that last for at least 5 years. You should claim for management options each year in order to receive funding, regardless of when your application has been accepted. Your successful application does not represent a claim for funding, and you must separately submit a payment claim if you wish to receive payment.

The deadline for your first multi-year CS payment claim (revenue claim) is 11:59pm on 15 May 2024 (the first year of your agreement).

We must receive your claim by the annual claim deadline each year for you to receive your payment in full. We must receive any paperwork we ask for to support the management options part of the claim when you make the payment claim. If your agreement includes rotational options, and you are unable to include the location of these options on your claim, you must send us the location no later than the 1 September.

It is your responsibility to make sure we receive your annual claim by the claim deadline. If you have any issues submitting your claim, either online or using a paper form, you must contact us and let us know before the claim deadline.

Important 2024 claim dates and when reductions apply

If we receive your claim:

• after 15 May but by 31 May, a 5% reduction will apply
• after 31 May but by 30 June, a 10% reduction will apply
• after 30 June, but by 31 August, a 25% reduction will apply
• after 31 August, we will not pay your claim unless you can provide a good reason for the delay

Read section 7.4 on reductions and section 7.11 on good reasons for breach.

7.2.2 Multi-year claims from land managers with multiple agreements

If your business covers a number of farms and you manage it as a single unit, or you use a single vendor or SBI number, you can have more than one agreement for that SBI (see section 3.3 of the applicant’s guide.

If you have more than one multi-year agreement in place, you must fill in a separate multi-year CS payment claim for each agreement.

7.2.3 Capital items within multi-year agreements

A Mid Tier agreement can include a 3-year programme of capital works. You must complete all capital works within 3 years of the agreement start date unless they are specifically identified to be completed in year 1.

When you have finished the works and you have been charged or invoiced by the contractor or supplier for the items or activities, you can submit your claim for payment.

You can submit a capital item claim at any time of the year. To do this, the approved work must have been completed in line with the agreement and you must have incurred the costs. You must be able to show that you have been charged or invoiced for the full payment before you submit your capital item claim. If you cannot show that you have incurred the costs for works undertaken, your claim may be rejected.

If your claim is part of a multi-year agreement, you can make a claim in stages for certain capital items according to the schedule in your Agreement Document. The minimum value of any single claim is £500, except for the final claim, which can be less than £500.

We must receive all claims for payment no later than 3 months after the 3-year period given to complete the works. If we receive a claim between 3 and 6 months after the end of that period, a late claim reduction will be applied. If we receive a claim more than 6 months after this date, the claim will not be accepted and no payment will be made.

Read your Agreement Document for details of ‘Claim-by’ dates.

7.2.4 Single claim water and air capital items

We cannot accept part-claims for the capital items listed in table 3.

Table 3

Item code	Capital item
RP4	Livestock and machinery hardcore tracks
RP7	Sediment ponds and traps
RP11	Swales
RP13	Yard – underground drainage pipework
RP15	Concrete yard renewal
RP17	Storage tanks underground
RP18	Above ground tanks
RP22	Sheep dip drainage aprons and sumps
RP24	Lined biobed plus pesticide loading and washdown area
RP25	Lined biobed with existing washdown area
RP27	Sprayer or applicator load and wash-down area
RP28	Roofing (sprayer washdown area, manure storage area, livestock gathering area, slurry stores, silage stores)
RP29	Self-supporting covers for slurry and anaerobic digestate stores
RP30	Floating covers for slurry and anaerobic digestate stores and lagoons

7.3 Evidence required to support your claim

7.3.1 Using contractors for multi-year management options and capital items

You can employ contractors to carry out agricultural work on your Agreement Land, or to carry out work under the CS multi-year management options and capital items.

You must tell the contractor about the agreement and its requirements. It is your responsibility to make sure that work carried out by contractors does not breach the terms of your agreement. If the contractor commits any breaches on the land, you will be responsible for any payment reductions.

You must keep records of the work carried out by contractors in either paper or electronic form, for the full period of the agreement and for at least 7 years after your agreement has ended. You must also produce these records if we ask you to.

7.3.2 Invoices for actual costs

You will need to provide invoices for some capital items. You can check this in your Agreement Document or on the CS grant finder.

Invoices and receipts must be:

• dated after the start date of the agreement
• related to activities after the start date of the agreement and after you have received your agreement offer

We will reject your claim and you will not be paid if we find that work was carried out before or after the period of your agreement.

If you are claiming for capital items based on actual costs, you must send invoices (that show you have incurred the costs of materials and contracted work) with the claim.

When we ask for invoices and receipts to support your claim, you must provide original invoices for the purchase of every item claimed.

We can only accept invoices if they show that the company or individual providing the goods or services involved has undertaken the work and is now billing for payment.

The following are also acceptable evidence:

• a till receipt from a retailer for purchases of standard, off-the-shelf items – these do not need to be separately receipted
• if invoices are not available, a copy of a bank or credit card statement which shows the work has been paid for

We can only accept an invoice if the document is an original, or a computerised carbon copy on an original letterhead. It must confirm that the value of the invoice has been charged to you.

The following conditions also apply:

• all costs must clearly relate to each individual claimed capital item
• goods that are purchased second-hand (where the agreement specifies that second-hand items are acceptable), or that have been bought online, also need to have invoices provided for them, unless they are standard off-the-shelf items as described above, in which case the standard receipt for payment is considered adequate
• the invoice must not pre-date the agreement start date – if it does, we reserve the right to reject all or some of the claim
• where you have used your own labour for construction, you must keep time sheets and send these with your claim

You do not need to send invoices and time sheets when claiming for all other multi-year management options and capital items (that are based on fixed cost). But you must keep receipted invoices and time sheets and make them available to us when we ask to see them. This includes those for specific capital expenditure.

7.3.3 VAT for actual costs

If the CS agreement includes actual cost capital items, these will be paid net of Value Added Tax (VAT). Non-VAT registered Agreement Holders may be able to reclaim VAT subject to provision of evidence of non-VAT registration. If your CS agreement includes actual cost capital items:

• you cannot include the cost of the VAT charged on your capital items in your capital items claims if you are registered with HM Revenue & Customs (HMRC) for VAT
• you can include the VAT charge in your actual cost claims if you are not registered with HMRC for VAT and you can provide evidence of this, such as a statement from a registered accountant (for example, a chartered accountant or certified accountant)

If you submit a statement from an accountant, the accountant will need to provide a letter on headed paper which confirms:

• they are a registered accountant
• they act as the accountant for the Agreement Holder’s business
• you as the Agreement Holder are not registered with HMRC for VAT

7.3.4 Using your own labour for capital works

You can use your own labour or a farm employee’s labour for carrying out capital works. If you do so, you will need to prepare time sheets signed by the employee and employer showing:

• the hourly rate for your labour or a farm employee’s labour
• what work was carried out
• the date the work was done

You must keep these records electronically or on paper for the full period of your agreement and for at least 7 years following the end of the agreement. You must also produce them if we ask you to.

You must tell your employees about the agreement and its requirements. It is your responsibility to make sure that work carried out using your own labour or a farm employee’s labour, does not breach the terms of your agreement. If the employee commits any breaches, you will be responsible for any payment reductions.

7.3.5 Using your own machinery for capital works

You can use machinery and equipment owned by your business to carry out capital works or you can hire machinery or equipment, for example, a cement mixer. You must keep any invoices and records of the machinery used, in either paper or electronic form, for the full period of the agreement and for at least 7 years after your agreement has ended. You must produce these records if we ask you to.

Your records must include:

• dates and times the machinery was used
• what it was used for
• the rate applied to the usage and how this was arrived at
• the name of the operator

7.4 When you’ll get paid

7.4.1 The effect of transfers on claims

If you are in the process of buying or selling land that is under an agreement or entering or ending a tenancy agreement on the land, you need to consider the rules on who should submit a claim. Read section 7.9 if you are:

• an Agreement Holder in the process of selling all or part of the land under agreement and transferring the agreement management obligations for this land to the purchaser
• buying land from an Agreement Holder and taking on the agreement management obligations from the seller
• entering or ending a tenancy arrangement with an Agreement Holder

Who should submit claims and who will receive payment will depend on whether the land transfer takes place before, on, or after the annual claim deadline.

Any outstanding payments for CS are made to the transferee (new owner or occupier) providing they take on the agreement and are eligible.

7.4.2 When you will get paid for multi-year management options

We will check your claim to make sure that it is correct. We may visit you to review and assess delivery of the option or options in your agreement. If your claim is correct, we will pay you. If we need to make reductions to your claim, then these will be applied to your payment.

We normally make annual payments for multi-year management options:

• in one instalment
• in the December following the claim, up until June

7.4.3 Payments for all agreements

We will make all payments directly into your nominated bank account.

7.5 Reductions to payments

We may reduce or withhold future grant payments and may recover payments you have already received if you:

• breach the terms of your agreement
• do not meet the relevant eligibility criteria on all or part of your Agreement Land

This section lists some examples when reductions may be applied and when payments may be withheld or recovered.

We can only pay you for work carried out according to your agreement and the scheme rules.

7.5.1 When reductions may apply

We will reduce the amount you have been or will be paid if you’ve:

• given false or misleading information
• claimed payment on land which is not eligible or is not under your management control
• not met the obligations of the options chosen
• over-claimed for capital works
• not followed the scheme rules
• submitted a payment claim late
• submitted a change to a multi-year agreement claim late – this includes changes to supporting information or evidence

This is not a complete list and there may be other examples of where we will apply reductions. In cases of good reasons for a breach, obvious errors and notified errors, we will consider the facts on a case-by-case basis before deciding whether to pay or reduce a claim (see section 7.11 for more information).

7.5.2 Late payment claims for multi-year agreements

If we receive your claim:

• after 15 May but by 31 May, a 5% reduction will be applied
• after 31 May but by 30 June, a 10% reduction will be applied
• after 30 June but before 31 August, a 25% reduction will be applied
• after 31 August and you cannot provide a good reason for this, the claim will not be accepted and no payment will be made

7.5.3 Changing a payment claim relating to a multi-year agreement after it has been submitted

You can change a claim up to midnight on 31 August without receiving a reduction to your payment, provided we received your original claim by 15 May.

You cannot change a claim after 31 August, apart from:

• in cases of good reasons for a breach (see section 7.11 for more information)
• where you withdraw all or part of your claim (see section 7.5.4 for more information)
• for an obvious error (see section 7.5.5 for more information)

7.5.4 Withdrawing all or part of a payment claim for a multi-year agreement

You can withdraw all or part of a payment claim at any time unless:

• you have already been told about an error in the payment claim (or the relevant part of the payment claim)
• you have had a site visit (or receive advance warning of a site visit)
• a site visit reveals a breach of the rules
• errors were found by us when we cross-checked information against other relevant funding records for your land

7.5.5 Obvious errors

Where you have made a straightforward mistake on a payment claim (and it is obvious from a simple administrative check of the claim), you can ask us to correct it. We may be able to do this without applying a reduction.

However, if you make the same mistake more than once, we may not accept it as an obvious error.

7.5.6 Notified errors

If you have made a mistake on your payment claim, you can notify us at any time in writing. However, this may affect the payment you receive, particularly if you have:

• already been told of any non-compliances in your payment claim
• received advance warning of a site visit

7.5.7 Claiming on land that is not eligible or option is not present

We will reduce your claim if you declare land that:

• is not eligible (as set out in section 3.2 of the applicant’s guide)
• does not have the relevant option present on it in your payment claim

We can only pay for the eligible land or options identified during administrative checks or site visits.

If we find that land is ineligible, you will not receive a payment for it. We may also recover previous payments if we find land was ineligible for payment in previous years.

In certain cases, if we find significant breaches, your agreement may be terminated, and all payments recovered.

If you have not met all the option requirements, we may reduce or suspend your payment or we may recover the full amount of the payment.

7.5.8 Achieving the aims of your options

Where there is uncertainty about whether the aims of your management options have been achieved, we will use any records or evidence you may have kept showing this.

This will include any steps you’ve taken to follow the recommended management of options, which you can find by searching the CS grant finder. It is your responsibility to keep such records if you want to rely on these to support your claim.

In some cases, we may write to tell you what you need to do to improve, and we may also suspend your payments until you make the improvements. If appropriate, we may also offer you advice or guidance to help you meet the requirements of your agreement. Once you can demonstrate the improvements have been made, we will pay you.

If you do not fulfil your obligations under the agreement, we will reduce or withhold your payment or seek recovery. In some cases, we may terminate your agreement or refuse support for other Defra grant schemes for up to 2 years, or both. This may be done, for example, if we find intentional non-compliance or fraud.

The hectarage of rotational arable options you signed up to in your agreement is the hectarage to be delivered every year of the agreement term. It is part of your agreement to make sure that you do this. By making sure that you deliver the agreed hectarage, you will be able to claim the full amount under your agreement.

For capital items, you must follow the requirements for the specific item, including any specifications you need to adhere to and retain any records that are required to support your claim.

7.5.9 Breaches of agreement

If we find breaches during administrative checks or any site visits, we will write to tell you and you will have the opportunity to make written representations if you feel that our findings are incorrect. These representations will be taken into consideration before a decision is made on whether it is appropriate to apply reductions or withhold payments.

We will work out the level of reduction we need to apply by looking at the severity of the breach and whether it is an isolated or a repeat occurrence. We may apply a reduction to your current year’s claim and to previous years’ claims (under your agreement), unless you can demonstrate you were compliant in previous years.

We will assess what has happened due to the breach or non-compliance, consider the objectives of the agreement or options and the short or long-term impacts. For example, ploughing a priority habitat would be classed as a severe breach.

Factors considered and assessed for severity and level of reduction are:

• circumstances, nature and consequences surrounding the breach
• failure to cooperate with site visits or further investigations
• steps taken to report a change in circumstances
• whether it is an isolated or a repeat occurrence
• whether a breach was intentional
• whether a breach was due to reckless or negligent action
• to what extent the breach can be rectified

We will issue a letter explaining that we’ve assessed the breach and what you have to do to amend your agreement.

If there’s a breach of your agreement or the regulations, we may ask you to correct the breach.

For more serious breaches, we may:

• reduce the payments you get, or withhold part of them
• reduce or withhold money from other schemes
• refuse to provide support for other Defra grant schemes for up to 2 years
• recover money we’ve already paid
• end your agreement

In exceptional circumstances where there is reasonable suspicion of a serious breach or fraud, then we may access land and your premises without notice, using powers of entry. In these circumstances, for example as part of a fraud investigation, we may access any computer that’s been used in connection with the evidence or these records.

7.5.10 Refusal or withdrawal of support claimed

In certain cases, we may refuse, or withdraw in full, the support claimed. We may do this if we think you have:

• committed a serious non-compliance
• provided false evidence
• negligently failed to provide the necessary information (for instance, where we have asked for it repeatedly and there is no reason why you have not provided it)

We will also consider:

• to what extent the breach can be rectified
• the circumstances, nature and consequences surrounding the breach
• any failure to cooperate with site visits, or further investigations
• any steps taken to report a change in circumstances
• whether a breach is an isolated or a repeat occurrence
• whether a breach was intentional
• whether a breach was due to reckless or negligent action
• past conduct during your agreement
• previous breaches of a similar nature

If we have to withdraw support for these reasons, we will terminate the existing agreement and you will not be permitted to reapply for the agreement for 2 years. We may also refuse support for other Defra grant schemes for up to 2 years. If this is the case, we will tell you, and you will be able to appeal against this decision.

7.5.11 Suspension of payments

In certain circumstances, where a breach of agreement is of a minor nature, so does not affect the objectives of an option, you will have 3 months from the date we tell you what action to take to rectify the breach. However, we may withhold payments until you have rectified the breach.

7.5.12 Capital payments: over-claiming

If you submit a claim for more than the value of the costs which are eligible to be claimed, we will reduce the payment to the correct amount.

7.6 Scheme control: administrative checks and site visits

We carry out 4 types of check to make sure CS schemes are properly controlled and Agreement Holders comply with the terms of their agreements. These are:

• administrative record checks
• agreement monitoring visits
• physical or virtual site visits
• satellite imagery checks – we are trialling the use of remote monitoring this year to support CS

You must allow the Rural Payments Agency (RPA), or their authorised representatives or auditors, to access your land or premises to carry out CS site visits. Other UK public authorities may also visit you to make sure you are meeting UK statutory requirements.

Natural England, the Forestry Commission or Historic England may also visit your site to monitor environmental progress or check you are following specific management.

We will seek to agree a date and time for a site visit where possible. If not, you will be notified at least 48 hours in advance of the site visit unless we have reasons to suspect that you are in breach of your agreement.

You must help and co-operate with any person carrying out a site visit. Any refusal to do so or obstruction will be treated as a breach of the CS terms and conditions, and you may face recovery, suspension or termination of your agreement. We may also refuse support for other Defra grant schemes for up to 2 years.

7.6.1 Administrative record checks

We will check:

• all stages of the application and claim processes
• your application form and claim forms
• the nature and quality of any supporting evidence, such as receipts and farm records

This is to make sure that you meet eligibility requirements at the application stage, and that various forms and records match up during the whole agreement period.

If you do not provide records when asked, or there are discrepancies, we will treat this as a breach of your agreement. It is your responsibility to keep such records if you want to rely on this to support your claim.

7.6.2 Agreement monitoring visits

Advisers may visit sites to monitor environmental progress, discuss site reports, or if you ask us to visit.

During the period of your agreement, Historic England will visit your site if you have either of the following management options on a Scheduled Monument:

• reduced-depth, non-inversion cultivation on historic and archaeological features (HS3)
• restricted depth crop establishment to protect archaeology under an arable rotation (HS9)

Historic England will discuss the visit results with RPA so we can take appropriate action.

7.6.3 Site visits

Each year, we will carry out site visits on a sample of agreements, to make sure you achieve the environmental aims and meet the scheme aims or requirements.

If we select you for a site visit, we will check that you are meeting the aims of the management options. We may also check some specific areas, for example your use of fertilisers or pesticides, seed mixes, or stocking levels on land.

If we can see you have met the aims of management options, we’ll not ask you to provide additional evidence to show this.

If there is uncertainty about whether or not you have achieved the aims of the options, we will use any records or evidence you may have kept to show this. This includes any steps you’ve taken to follow the recommended management set out in the CS grant finder.

We recommend that you obtain and keep evidence to show you have followed the recommended management of your agreement to support your claim or to support a site visit.

It is your responsibility to keep such records if you want to rely on these to support your claim.

For capital items, you must follow the requirements for the specific item, including any specifications you need to adhere to and retain any records that are required to support your claim.

If at the visit we find a breach of the rules, we may apply reductions (see section 7.5).

7.7 Terminating agreements early

We have the right to end the agreement by writing to you if:

• you have breached the terms of the agreement
• we find intentional non-compliance or fraud
• there is a change in circumstances affecting your eligibility to receive CS payments
• you have failed to repay any sum which is owed to us

We may also at any time terminate your agreement and any future payments by giving you 6 months’ written notice.

You may end your agreement at any time by giving us written notice. In these situations, you may need to repay all or part of the payments you have received. Your obligations under the agreement do not end until we have received this repayment.

You can end your agreement early at agreed points if you are successful in securing a place in another environmental land management scheme, as long as your new agreement provides equivalent or better environmental outcomes than your existing agreement. For more information read How to leave your Higher Level Stewardship agreement early to apply for Countryside Stewardship.

7.8 Break clause

There is no break clause for Mid Tier agreements.

7.9 Transferring an agreement

7.9.1 Selling or transferring land to another party

We will consider requests from the Agreement Holder to transfer an agreement (in whole or part) to another party due to:

• a change in business structure
• death
• inheritance
• sale, lease or other similar transfer of land

If we approve the transfer request, any options associated with the transferred land parcels will have a stand-alone CS agreement on the same terms and conditions. The agreement cannot be re-negotiated at the point of transfer and the land under the agreement cannot be added to another agri-environment agreement.

The agreement will also expire at the end of the original agreement term.

You should tell the new owner or occupier about the agreement before transferring any Agreement Land.

The new owner or occupier (transferee) should contact us for a Transfer Request Form, to fill in and return to us.

Email: ruralpayments@defra.gov.uk

Telephone: 03000 200 301
Monday to Friday, 8:30am to 5pm, except bank holidays
Find about call charges

If the new owner or occupier is willing to continue with the agreement, they must:

• fill in the relevant part of the Transfer Request Form
• return the form no later than 90 calendar days after the date of the transfer

We will terminate the agreement for that land if either:

• the new owner or occupier chooses not to continue with the agreement on the transferred land
• we do not receive the new owner or occupier’s confirmation of their intention to continue with the agreement on the transferred land

You will not need to repay any multi-year annual payments for the period when the Agreement Land was in your ownership or occupation because of the transfer. However, if you have breached the agreement you may need to repay monies.

If there are capital items associated with the transferred land parcels, please contact us. You may need to repay all, or part of any grants received for capital items.

If you only transfer part of your Agreement Land, we expect you to continue with the existing options on the land you have kept in your agreement. The amended agreement will run for the remaining term of the original agreement.

You (the transferor) must tell us that the land parcels have transferred to the new SBI. You can transfer the land parcels using the Rural Payments service or by filling in an RLE1 form.

7.9.2 Changes to customer details or businesses

If there is a change to your customer details or business structure which means we give you a new SBI, we will treat this as a transfer.

In cases where the land you’ve acquired is already under an agreement (Environmental Stewardship, English Woodland Grant Scheme or CS) and does not remain at the same or a higher level of management, the original Agreement Holder may need to repay grants made under that agreement.

7.9.3 When agreement transfers take effect

You can contact us to find out what you need to do, when the transfer will take effect, the impact on any outstanding payments and how to fill in the Transfer Request Form.

We recommend each party involved in a transfer takes independent legal advice to make sure their respective obligations or liabilities are built into the relevant transfer documents (for example the contract of sale or the lease agreement). However, we do not pay any costs incurred in the transfer process.

If a transfer is in progress but has not been fully completed when the annual claim needs to be submitted, the new owner or occupier will need to countersign the claim form for the land they will be taking on. If this is the case, please contact us for the counter signatory annex to the claim form.

7.9.4 Change in circumstances

You must notify us as soon as you can if there is a change in your circumstances that might:

• affect the amount of funding you have been or will be paid
• prevent you from complying with the conditions of your agreement
• prevent you from carrying out the work set out in your agreement, including preventing you from carrying out the work to the agreed standard or in the agreed timeframe
• affect your continued entitlement to agreement funding, for example if you no longer have management control of the land parcels included in your agreement

7.10 Amendments to the agreement

7.10.1 Requesting a change

You should be able to carry out the multi-year options and management under your agreement without difficulty. However, should an exceptional situation arise where you need to amend or change the choice or location of multi-year options, you can ask us to amend your agreement. If you do this, you may need to repay all or part of previous payments that you have received.

It’s important there is consistent management during the period of the agreement to make sure the environmental benefits are achieved. We will therefore only agree to changes that are necessary to achieve the objectives of the scheme. You need written permission from us before you can:

• amend or reschedule approved capital items
• amend or add multi-year options to an agreement that has started

You should contact us if you would like to discuss an amendment to your agreement. If you wish to reschedule capital items, you must contact us before the end of the original agreement period to complete the capital items (normally 31 December of the third year of the agreement).

We must agree to the request before you make any changes to option location or management. All amendments to multi-year agreements come into effect from 1 January of the next calendar year. We will write to confirm if your request is successful. The amendment will not be valid until you have received a letter from us agreeing to the amendment and advising you of the date from which it will take effect. You must continue to manage your agreement under the existing recommended management of options until the date the amendment takes effect.

7.10.2 Variation of agreements

Occasionally, we may need to vary the agreement in line with changes to law and in other exceptional circumstances. In applying for the scheme, you accept such changes may be made at any time. We will tell you about these changes on our website in a ‘List of changes’ document.

Where the changes will significantly affect the land management required, or financial aspects of the agreement, we will tell you.

If adjustments are needed to meet changes in regulations, relevant mandatory standards, requirements or obligations but you are not prepared to accept these changes, your agreement will end. You will not need to repay monies from the agreement.

7.10.3 Minor and temporary adjustments (MTAs)

You may consider that, due to factors beyond your control in a particular year, you will be temporarily prevented from carrying out some of the management required under your agreement. If this is the case, you can apply to us for an MTA to the management requirements that apply that year. Examples include where:

• bad weather such as snow or drought is preventing normal grazing and stock require supplementary feeding, but the agreement does not allow this
• there is a serious weed infestation which is likely to prevent the management required and the only way to deal with it is by using herbicides, but the agreement does not allow this

You can request an MTA to the management requirements set out in the agreement by filling in a minor and temporary adjustment (MTA) form.

Once you have filled in the form, you need to return it to us by email to ruralpayments@defra.gov.uk. If you are unable to access the internet you can telephone us and request a paper form. We’ll send you a form to fill in and return to us by post (see how to contact RPA).

Permission is not automatic, and we will require a reasonable time to consider any request. During periods of extreme weather where access to forage is severely restricted and the welfare of livestock is at risk, we may be able to provide conditional consent over the telephone or by email. However, this must be followed by a formal written request and permission.

Generally, simple, straightforward cases will be dealt with within 20 working days of receiving your form. We will deal with more complicated cases as quickly as possible, though these may involve contacting you to clarify details.

If you act without written or conditional permission, recoveries and reductions for a breach of agreement may be applied – see section 7.5 for more information.

When looking at your request, we will consider:

• alternative management – for example, in the case of supplementary feeding when there is deep snow on the ground, if there is alternative grazing available, or if the livestock can be moved
• the specifics of the MTA – what adjustment is necessary, where and for what period of time it will apply
• the impact of the proposed activity on the payment
• the net environmental impact of the proposed activity
• evidence from third parties
• the administrative cost of making a reduction to the payment (if required)

You will not be reimbursed for any additional management costs that might arise from an MTA.

We cannot approve an MTA to an agreement if this is likely to, or will, lead to a breach of legislation, general scheme requirements or eligibility conditions.

If we agree to the suggested MTA, we will write to or email you with permission. You should keep this approval with your Agreement Document.

7.11 Good reasons for a breach

You may be unable to meet your requirements under the agreement because of exceptional circumstances. If this happens, you must write to tell us within 8 weeks from the date on which you (or any person authorised to act for you) are able to do so.

You will need to provide written evidence to show:

• what has happened
• how the event meant you were unable to meet the scheme rules

Good reasons for a breach may include, but are not limited to:

• the death of the Agreement Holder
• serious illness
• a severe weather event
• the accidental destruction of capital items connected to your agreement
• damage caused by criminality
• supply chain issues
• an epizootic or a plant disease affecting part or all of your crops, trees or livestock

We will consider the facts to decide if the Agreement Holder is relieved of all or part of their obligations under the agreement, and whether all or part of the grant should be withheld or repaid.

If you are aware of the issue when entering into your agreement, then it is unlikely to be considered a good reason for a breach.

7.12 Disputes, appeals and complaints

If you’re unhappy with the service you’ve received, you can submit a complaint.

If you disagree with a decision we’ve made you can ask us to reconsider. If you’re still unhappy with the outcome of our decision, you can appeal.

Follow the RPA complaints procedure to raise a complaint. This also includes information on how to request a reconsideration or submit an appeal.