Guidance

SSA funding agreement terms and conditions

Published 1 October 2025

Applies to England

• Publication for Northern Ireland
• Publication for Scotland
• Publication for Wales

Successful applicants for the Spruce Site Assessment (SSA) grant will receive the following terms and conditions to sign with their grant offer.

This Grant Funding Agreement is made on the Commencement Date.

Between:

(1) Forestry Commission, acting as the delivery body for the Department of Environment, Food and Rural Affairs whose principal address is at 620 Bristol Business Park, Coldharbour Lane, Bristol, BS16 1EJ (the “Authority”)

and

(2) The Grant Recipient, as detailed on the Spruce Site Assessment (“SSA”) Grant Letter from the Authority (the “Grant Recipient”)

In relation to: Spruce Site Assessment (SSA) Grant.

Background

(A) The Grant is made pursuant to the power in Section 1(h) of the Agriculture Act 2020.

(B) If the payment of the Grant is subject to the satisfaction of conditions, those conditions precedent and the date for satisfaction are set out in this Grant Funding Agreement.

(C) The Authority ran grant applications competitively in respect of the Spruce Site Assessment (SSA) Grant.

(D) The Grant Recipient was successful under that competitive evaluation and the Authority awarded a grant to deliver the Funded Activities.

(E) The Authority will provide the Grant to the Grant Recipient as provided for in this Grant Funding Agreement.

(F) The Grant Recipient will use the Grant solely for the Funded Activities.

The conditions collectively (the “Conditions”) are as follows:

1. Introduction

1.1.    This Grant Funding Agreement shall be comprised of the following documents, incorporated by reference herein:

(i) The Terms and Conditions set out within this Grant Funding Agreement.

(ii) The SSA grant manual guidance described at Annex 1.

(iii) The Authority’s Grant Offer Letter and the Grant Recipient’s Acceptance Letter.

(iv) The Grant Recipient’s Application Form.

(v) Agreement Map(s).

1.2.    This Grant Funding Agreement sets out the conditions which apply to the Grant Recipient receiving the Grant from the Authority up to the Maximum Sum.

1.3.    The Authority and the Grant Recipient have agreed that the Authority will provide the Grant up to the Maximum Sum providing that the Grant Recipient uses the Grant in accordance with this Grant Funding Agreement.

1.4.    The Authority makes the Grant to the Grant Recipient based on the Grant Recipient’s Application Form for the provision of a completed Spruce Site Assessment.

1.5.    The Parties confirm that it is their intention to be legally contractually bound by this Grant Funding Agreement.

2. Definitions and interpretation

2.1. Where they appear in these Conditions:

‘Acceptance’ means acceptance of this Grant Funding Agreement by the Grant Recipient, confirmed by the Grant Recipient signing and returning the Acceptance Letter, within fifteen (15) days from the date of the Grant Offer Letter;

‘Acceptance Letter’ means the signed letter the Grant Recipient returns to the Authority to confirm acceptance of the Grant Offer;

‘Agreement Map’ means the final application map(s) submitted to the Authority and sent to the Grant Recipient with the Grant Funding Agreement as detailed in Annex 3;

‘Annex or Annexes’ means an individual annex or the annexes attached to these Conditions which form part of the Grant Funding Agreement;

‘Application Form’ means the Grant Recipient’s final application form, including the Declaration Form, for the SSA Grant scheme, submitted and approved by the Authority;

‘Asset’ means any assets that are to be purchased or developed using the Grant including equipment;

‘Authority Personal Data’ means any Personal Data supplied for the purposes of, or in connection with, the Grant Funding Agreement by the Authority to the Grant Recipient;

‘Branding Manual’ means the HM Government of the United Kingdom of Great Britain and Northern Ireland Branding Manual Funded by UK Government;

‘Bribery Act’ means the Bribery Act 2010;

‘Code of Conduct’ means the Code of Conduct for Recipients of Government General Grants;

‘Commencement Date’ means the date on which the Grant Recipient confirms Acceptance of this Grant Funding Agreement;

‘Confidential Information’ means any information (however conveyed) disclosed by a Party relating to its business or affairs, which ought reasonably to be considered confidential;

‘Contracting Authority’ means any contracting authority (other than the Authority) as defined in Regulation 2 of the Public Contracts Regulations 2015 (as amended);

‘Controller and Processor’ take the meaning given in the UK General Data Protection Regulations (GDPR);

‘Change of Control’ means the sale of all or substantially all the assets of a Party; any merger, consolidation or acquisition of a Party with, by or into another corporation, entity or person, or any change in the ownership of more than fifty percent (50%) of the voting capital stock of a Party in one or more related transactions;

‘Crown Body’ means the government of the United Kingdom and its departments;

‘Data Protection Legislation’ means (i) the GDPR; (ii) the Data Protection Act 2018; and (iii) all applicable Law relating to the processing of Personal Data and privacy;

‘Domestic Law’ means an applicable law, statute, byelaw, regulation, order, regulatory policy, guidance or industry code, judgment of a relevant court of law, or directives or requirements of any regulatory body;

‘Domestic Successor’ means, as the context requires, either: (a) a body that takes over the functions of the European Commission in the United Kingdom on the date it withdraws from the EU; or (b) the relevant court in England which takes over the functions of the Court of Justice of the EU in England on the date the United Kingdom withdraws from the EU;

‘Duplicate Funding’ means funding provided by a Third Party to the Grant Recipient, which is for the same Funded Activities for which the Grant was made, but has not been declared to the Authority;

‘Eligibility Criteria’ means the Authority’s selection criteria used to determine who is eligible for the SSA Grant;

‘Eligible Expenditure’ means the expenditure incurred by the Grant Recipient during the Funding Period for the purposes of delivering the Funded Activities which comply in all respects with the eligibility rules set out in paragraph 5 of these Conditions;  

‘Eligible Land’ means land that that is based in the Proactive Spruce Removal Area and for which the Grant Recipient has Management Control. Eligible Land does not include any land that is subject of a current tenancy dispute, or subject to another obligation which is incompatible with the Grant;  

‘End of Funding Date’ means 31st March 2026;

‘EIR’ means the Environmental Information Regulations 2004;

‘Event of Default’ means an event or circumstance set out in paragraph 20;

‘Financial Year (FY)’ means from 1st April to 31st March;

‘FOIA’ means the Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time together with any guidance or codes of practice issued by the relevant government department concerning the legislation;  

‘Funded Activities’ means the activities set out in Annex 2;

‘Funding Period’ means the period for which the Grant is awarded, starting on the Commencement Date and ending on 31st March 2026;

‘General Data Protection Regulation’ and ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679;

‘Grant’ means the sum of £2,000.00 the Authority will pay to the Grant Recipient in accordance with paragraph 4;

‘Grant Claim’ means the Claim Form submitted by the Grant Recipient to the Authority for payment of the Grant;

‘Grant Funding Agreement’ means these Conditions and the SSA guidance, the Application Form, Agreement Map(s) and the Grant Offer and Acceptance Letters;

‘Grant Offer’ means the sum of money that is payable to the Grant Recipient in accordance with this Agreement;

‘Grant Offer Letter’ means the letter the Authority issued to the Grant Recipient confirming the Grant Offer;

‘Grant Manager’ means the individual who has been nominated by the Authority to be the single point of contact for the Grant Recipient;

‘Group’, ‘Group Applicant’ or ‘Group Application’ are not Applicable for SSA Grant;

‘HRA’ means the Human Rights Act 1998;

‘Ineligible Expenditure’ means expenditure incurred by the Grant Recipient which is not Eligible Expenditure and as set out in paragraph 5 of these Conditions;

‘Information Acts’ means the Data Protection Legislation, FOIA and the EIR;

‘Infrastructure’ is not Applicable for SSA Grant;

‘Intervention Rate’ is not Applicable for SSA Grant;

‘Intellectual Property Rights’ or ‘IPRs’ means copyright, rights related to or affording protection similar to copyright, rights in databases, patents and rights in inventions semi-conductor topography rights, trade marks, rights in internet domain names and website addresses and other rights in trade names, designs, know-how, trade secrets and any modifications, amendments, updates and new releases of the same and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;  

‘IP Completion Day’ has the meaning given to it in the EU (Withdrawal) Act 2018;

‘IPR Material’ means all material produced by the Grant Recipient in relation to the Funded Activities during the Funding Period;

‘Joint Controllers’ means where two or more Controllers jointly determine the purposes and means of processing;

‘Land’ means all units of Eligible Land which are proposed for the Funded Activities;

‘Law’ means any applicable law, statute, byelaw, regulation, order, regulatory policy, guidance or industry code, judgment of a relevant court of law, or directives or requirements of any regulatory body, delegated or subordinate legislation;

‘Losses’ means all losses, liabilities, damages, costs, expenses (including legal fees), disbursements, costs of investigation, litigation, settlement, judgment, interest and penalties whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise and Loss will be interpreted accordingly;  

‘Management Control’ means that the Grant Recipient or Group has the legal dominion and or legal rights over the Land enabling it to undertake the Funded Activities thereon;

‘Maximum Sum’ means the maximum amount of Grant Funding that the Authority will provide, which is £2,000.00;

‘Northern Ireland Protocol’ means the protocol on Ireland and Northern Ireland in the EU withdrawal agreement;

‘Notifiable Change’ has the meaning given to it in paragraph 19.2;

‘Novation Agreement’ means an agreement pursuant to which the Grant Recipient novates this Grant Funding Agreement to a Successor;

‘Obligation Period’ is not Applicable for SSA Grant;

‘Party’ means the Authority or Grant Recipient;

‘Personal Data’ has the meaning given to it in the Data Protection Legislation;

‘Procurement Regulations’ means the Public Contracts Regulations 2015, the Procurement Act 2023, and any related Law;

‘Prohibited Act’ means (a) directly or indirectly offering, giving or agreeing to give to any servant of the Authority or the Crown any gift or consideration of any kind as an inducement or reward; (b) committing any offence under the Bribery Act; or (c) defrauding or attempting to defraud the Authority or the Crown;

‘Publication’ means any announcement, comment or publication of any publicity material by the Grant Recipient concerning the Funded Activities or the Authority;

‘Remedial Action Plan’ means the plan of action submitted by the Grant Recipient to the Authority following an Event of Default;

‘Representatives’ means any of the Parties’ duly authorised directors, employees, officers, agents, professional advisors and consultants;

‘Site-Specific Conditions’ means Conditions of the Grant specific to the Land or Woodland subject of the Funded Activities;

‘Special Payments’ means ex gratia expenditure by the Grant Recipient to a third party where no legal obligations exist for the payment;

‘Standard Costs’ is the set rate of £2,000 granted for the successful completion of the Spruce Site Assessment, as per obligations set out within the Grant Funding Agreement;

‘State Aid Law’ means the law embodied in Articles 107-109 of the Treaty on the Functioning of the European Union;

‘Succession’ means the transfer of the legal interest in the whole or part of the Eligible Land;

‘Successor’ means a third party who obtains the legal interest in the whole or part of the Eligible Land;

‘Third Party’ means any person or organisation other than the Grant Recipient or the Authority;

‘Tree Establishment’ means the standard for trees to be established, as determined by an inspection;

‘United Kingdom Forestry Standard’ means the reference standard for sustainable forest management in the UK;

‘Unspent Monies’ means any monies paid to the Grant Recipient which remains unspent and uncommitted;

‘VAT’ means value added tax chargeable in the UK;

‘Working Day(s)’ means any day from Monday to Friday (inclusive) which is not specified or proclaimed as a bank holiday in England and Wales pursuant to section 1 of the Banking and Financial Dealings Act 1971 including Christmas Day and Good Friday.  

2.2.    In this Grant Agreement, unless the context otherwise requires:

        2.2.1  the singular includes the plural and vice versa;

        2.2.2  reference to a gender includes the other gender and the neuter;

        2.2.3  references to a person include an individual, company, body corporate, corporation, unincorporated association, firm, partnership or other legal entity or Crown Body;

        2.2.4  a reference to any Law includes a reference to that Law as amended, extended, consolidated or re-enacted from time to time;

        2.2.5  any reference in these Conditions which immediately before IP Completion Day was a reference to (as it has effect from time to time):

                (a) any EU regulation, EU decision, EU tertiary legislation or provision of the European Economic Area (“EEA”) agreement (“EU References”) which forms part of domestic law by application of section 3 of the EU (Withdrawal) Act 2018 shall be read on and after IP Completion Day as a reference to the EU References as they form part of domestic law by virtue of section 3 of the EU (Withdrawal) Act 2018 as modified by domestic law from time to time; and

                (b) any EU institution or EU authority or other such EU body shall be read on and after IP Completion Day as a reference to the UK institution, authority or body to which its functions were transferred;

        2.2.6  the words “including”, “other”, “in particular”, “for example” and similar words will not limit the generality of the preceding words and will be construed as if they were immediately followed by the words “without limitation”; and

        2.2.7  the headings in this Grant Agreement are for ease of reference only and will not affect the interpretation or construction of this Grant Agreement.

2.3.    Where there is any conflict between the documents that make up this Grant Agreement the conflict shall be resolved in accordance with the following order of precedence:

        2.3.1  The Terms and Conditions set out within this Grant Funding Agreement;

        2.3.2  The Annexes to this Grant Funding Agreement, specifically the SSA grant manual.

        2.3.3  The Authority’s Grant Offer Letter and the Grant Recipient’s Acceptance Letter;

        2.3.4  The Grant Recipient’s Application Form;

        2.3.5  Agreement Map(s).

Conditions

3. Duration, purpose and conditions of the grant

3.1.    The Funding Period starts on the Commencement Date and ends on the dates set out in Annex 2 of this Grant Funding Agreement unless terminated earlier in accordance with this Grant Funding Agreement.

3.2.    The Grant Funding Agreement and these Conditions shall continue in effect until the last to occur of the End of Funding Dates.

3.3.    The Grant Recipient shall use the Grant solely for the delivery of the Funded Activities. The Grant Recipient may not make any changes to the Funded Activities.

3.4.    If the Authority wants to make a change to the Funded Activities (including for example reducing the Grant or removing some of the Funded Activities from the Grant) it may do so on thirty (30) Working Days written notice to the Grant Recipient.

3.5.    The Grant Recipient shall comply with the Eligibility Criteria and any Site-Specific Conditions.

3.6.    The Grant Recipient acknowledges and agrees that work undertaken before the Commencement Date of this Grant Funding Agreement will not be funded.

3.7.    The Grant Recipient confirms that all required licences, consents and permissions will be in place prior to commencing the Funded Activities.

4. Payment of Grant

4.1.    Subject to the remainder of this paragraph 4, the Authority shall pay the Grant Recipient an amount not exceeding the Maximum Sum set out in the Grant Offer Letter. The Authority shall pay the Grant in pound sterling (GBP).

4.2.    The Grant Recipient must complete and sign the Grant Claim in order to receive Grant funding payments.

4.3.    Subject to the remainder of this paragraph 4 the Authority shall pay the Grant to the Grant Recipient:

        4.3.1  up to the maximum amount stated in the Grant Funding Letter;

        4.3.2  in pound sterling (GBP) and into a bank located in the UK, save that where it is more efficient to pay the Grant in a foreign currency, the Authority may choose to do so at its sole discretion (in which case the Grant amount will be for the sum agreed in GBP as at the Commencement Date); and

        4.3.3  in respect of Eligible Expenditure only.

4.2.    The Grant Recipient will provide the Authority with such evidence as it may reasonably require (including receipts, invoices and other documentary evidence) that Grant Claims relate to costs which constitute Eligible Expenditure.

4.3.    The Grant Recipient shall notify the Authority of any Match Funding which is or has been applied for (or which the Grant Recipient intends to apply for), approved or offered, before the Commencement Date and during the Funding Period. Such notification shall be made before receiving or using such Match Funding and shall include the amount, purpose and source of the proposed Match Funding.

4.4.    Upon receipt of the Grant Recipient’s notice under paragraph 3.3, the Authority shall notify the Grant Recipient that (at its sole discretion) it either agrees to or refuses the Grant Recipient’s acceptance of the Match Funding.

4.5.    If the Authority agrees to the Grant Recipient’s acceptance of Match Funding under paragraph 3.4, the Grant Recipient may take receipt of the relevant Match Funding. In such circumstances, the Grant Recipient shall provide the Authority with a detailed summary of the Match Funding received, including the amount of Match Funding, the use of such Match Funding and such other information as the Authority may reasonably require.

4.6.    If the Authority refuses the Grant Recipient’s acceptance of the Match Funding under paragraph 4.4, the Grant Recipient shall not accept or use the Match Funding.

4.7.    The Grant Recipient agrees that it will not apply for or obtain Duplicate Funding in respect of any part of the Funded Activities which have been paid for in full using the Grant. The Authority may refer the Grant Recipient to the police should it dishonestly and intentionally obtain Duplicate Funding for the Funded Activities;

4.8.    The Authority will not make the first payment of the Grant and/or any subsequent payments of the Grant unless and until the Authority is satisfied that:

        4.8.1  the Grant Recipient will use the Grant payment for Eligible Expenditure only; and

        4.8.2  if applicable, any grant payments provided by the Authority to the Grant Recipient prior to the first payment of the Grant to fund activities broadly equivalent to the Funded Activities (including under a previous grant agreement) have been used for their intended purpose or repaid to the Authority.

4.9.    The Grant Recipient shall promptly notify and repay immediately to the Authority any money incorrectly paid to it either as a result of an administrative error or otherwise. Any sum which falls due under this paragraph 4.9 shall fall due immediately. If the Grant Recipient fails to repay the due sum immediately (or within any other timeframe specified by the Authority) the sum will be recoverable summarily as a civil debt.

5. Eligible and ineligible expenditure

5.1     The Authority will only pay the Grant in respect of Eligible Expenditure incurred by the Grant Recipient to deliver the Funded Activities and the Grant Recipient will use the Grant solely for delivery of the Funded Activities (outlined in Annex 2 of these Conditions).

5.2     For the avoidance of doubt, the following costs/payments will not be classified as Eligible Expenditure even if incurred for the purposes of the Funded Activities and Grant funding may not be used for payment of:

        5.2.1  fees charged or to be charged to the Grant Recipient by the external auditors/accountants for reporting/certifying that the grant paid was applied for its intended purposes;

        5.2.2  giving evidence to Parliamentary Select Committees;

        5.2.3  attending meetings with government ministers or civil servants to discuss the progress of a taxpayer funded grant scheme;

        5.2.4  responding to public consultations, where the topic is relevant to the objectives of the Funded Activities. This includes the Grant Recipient spending the Grant on lobbying other people to respond to any such consultation (unless explicitly permitted in this Grant Agreement);

        5.2.5  providing independent, evidence-based policy recommendations to local government, departments or government ministers, where that is the objective of a taxpayer funded grant scheme, for example, ‘What Works Centres’;

        5.2.6  providing independent evidence-based advice to local or national government as part of the general policy debate, where that is in line with the objectives of the Grant.

        5.2.7    paid for lobbying, which means using the Grant to fund lobbying (via an external firm or in-house staff) to undertake activities intended to influence or attempt to influence Parliament, government or political activity; or attempting to influence legislative or regulatory action;

        5.2.8    enabling one part of government to challenge another on topics unrelated to the agreed purpose of the grant; and

        5.2.9    petitioning for additional funding;

5.3.    The Grant Recipient may not in any circumstance claim the following non-exhaustive list as Eligible Expenditure (the list below does not override activities which are deemed eligible in this Grant Agreement):

        5.3.1  paid for lobbying, which means using the Grant to fund lobbying (via an external firm or in-house staff) in order to undertake activities intended to influence or attempt to influence Parliament, government or political activity; or attempting to influence legislative or regulatory action;

        5.3.2  using the Grant to directly enable one part of government to challenge another on topics unrelated to the agreed purpose of the grant;

        5.3.3  using the Grant to petition for additional funding;

        5.3.4  expenses such as for entertaining, specifically aimed at exerting undue influence to change government policy;

        5.3.5  input VAT reclaimable by the grant recipient from HMRC; and

        5.3.6  payments for activities of a political or exclusively religious nature.

5.4.    Other examples of expenditure which are prohibited include the following:

        5.4.1  contributions in kind;

        5.4.2  interest payments or service charge payments for finance leases;

        5.4.3  gifts;

        5.4.4  statutory fines, criminal fines or penalties civil penalties, damages or any associated legal costs;

        5.4.5  payments for works or activities which the grant recipient, or any member of their partnership, has a statutory duty to undertake, or that are fully funded by other sources;

        5.4.6  bad debts to related parties;

        5.4.7  payments for unfair dismissal or other compensation;

        5.4.8  depreciation, amortisation or impairment of assets owned by the Grant Recipient;

        5.4.9  the acquisition or improvement of Assets by the Grant Recipient (unless the Grant is explicitly for capital use – this will be stipulated in the Grant Funding Letter); and

        5.4.10 liabilities incurred before the commencement of the Grant Agreement unless agreed in writing by the Authority.

6. Monitoring and Reporting

6.1.    The Grant Recipient shall closely monitor the delivery and success of the Funded Activity throughout the Funding Period and shall notify the Authority as soon as reasonably practicable of any actual or potential failure to comply with any of its obligations under this Grant Agreement.

6.2.    The Grant Recipient shall provide the Authority with:

        6.2.1  any assistance and information reasonably requested by the Authority to establish whether the Grant Recipient has used the Grant in accordance with the Grant Agreement.

7. Auditing and Assurance

7.1.    The Authority, National Audit Office and/or their authorised representatives may, at any time during and up to 7 years after the end of the Grant Agreement, conduct audits in relation to the Grant Recipient’s use of the Grant and/or compliance with this Grant Agreement. The Grant Recipient agrees to act reasonably in cooperating with such audits, including by granting access to relevant documentation, premises and personnel.

7.2.    The Grant Recipient shall:

        7.2.1  maintain to the Authority’s satisfaction an appropriate system of financial management and controls, maintain detailed records in relation to such controls, and provide copies of such records to the Authority on request; and

        7.2.2  retain, and procure that its sub-contractors retain, all relevant documentation relating to the Eligible Expenditure and any income generated by the Funded Activity (including invoices, receipts and accounting records) during the Funding Period and for a period of 7 years.

7.3.    Where the Grant Recipient is a company registered at Companies House; the Grant Recipient must file its annual return and accounts by the dates specified by Companies House.

7.4.    Where the Grant Recipient is a registered charity, the Grant Recipient must file its charity annual return by the date specified by the Charity Commissioner.

7.5.    If requested by the Authority, the Grant Recipient shall provide the Authority with copies of its annual return, accounts and/or charity annual return (as applicable) within five (5) days of filing them at Companies House and/or the Charity Commissioner (as applicable).

8. Financial Management and Prevention of Bribery, Corruption, Fraud and Other Irregularity

8.1.    The Grant Recipient will:

        8.1.1  at all times comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act;

        8.1.2  maintain a sound administration and audit process, including internal financial controls to safeguard against fraud and theft, money laundering, counter terrorist financing or any other impropriety, or mismanagement in connection with the administration of the Grant; and

        8.1.3  notify the Authority of all actual or suspected cases of fraud, theft or financial irregularity relating to the Funded Activities as soon as they are identified and keep the Authority informed in relation to its remedial actions thereafter.

8.2.    In the event of any actual or suspected fraud, theft or other financial irregularity (which shall include use of the Grant for any purpose other than that envisaged by this Grant Agreement), the Authority may, at its absolute discretion:

        8.2.1  require the Grant Recipient to take such remedial steps as the Authority shall reasonably specify; and/or

        8.2.2  suspend future payment of the Grant to the Grant Recipient and in all cases the Grant Recipient shall explain to the Authority what steps are being taken to investigate the irregularity and shall keep the Authority informed about the progress of any such investigation. The Grant Recipient will, if required by the Authority, refer the matter to an external auditor or any other Third Party.

8.3.    The Grant Recipient agrees and accepts that it may become ineligible for grant support and be required to repay all or part of the Grant if it engages in tax evasion or aggressive tax avoidance in the opinion of HMRC.

9. Conflicts of Interest

9.1.    Neither the Grant Recipient nor its Representatives shall engage in any personal, business or professional activity which conflicts or could conflict with any of their obligations in relation to the Grant Agreement.

9.2.    The Grant Recipient must have and will keep in place adequate procedures to manage and monitor any actual or perceived bias or conflicts of interest.

10. Change of control

10.1.  The Grant Recipient shall notify the Authority immediately in writing and as soon as the Grant Recipient is aware (or ought reasonably to be aware) that it is anticipating, undergoing, undergoes or has undergone a Change of Control, provided such notification does not contravene any Law.

11. Confidentiality

11.1.  Except to the extent set out in this paragraph 11 or where disclosure is expressly permitted, the Grant Recipient shall treat all Confidential Information belonging to the Authority as confidential and shall not disclose any Confidential Information belonging to the Authority to any other person without the prior written consent of the Authority, except to such persons who are directly involved in the provision of the Funded Activities and who need to know the information. 

11.2.  The Grant Recipient gives its consent for the Authority to publish the Grant Agreement in any medium in its entirety (but with any information which is Confidential Information belonging to the Authority or the Grant Recipient redacted), including from time-to-time agreed changes to the Grant Agreement.

11.3.  Nothing in this paragraph 11 shall prevent the Authority disclosing any Confidential Information obtained from the Grant Recipient:

        11.3.1 for the purpose of the examination and certification of the Authority’s accounts and/or pursuant to Section 6(1) of the National Audit Act 1983;

        11.3.2 to any government department, consultant, contractor or other person engaged by the Authority, provided that the Authority only discloses information which is necessary for the purpose concerned and obtains appropriate confidentiality undertakings in relation to such information; and/or

        11.3.3 where disclosure is required by Law, including under the Information Acts.

11.4.  Nothing in this paragraph 11 shall prevent either Party from using any techniques, ideas or know-how gained during the performance of its obligations under the Grant Agreement in the course of its normal business, to the extent that this does not result in a disclosure of the other Party’s Confidential Information or an infringement of the other Party’s Intellectual Property Rights.

12. Statutory Duties

12.1.  The Grant Recipient agrees to adhere to its obligations under the Law, including the Information Acts and the HRA.

12.2.  The Grant Recipient hereby acknowledges that the Authority is subject to requirements under the Information Acts. Where requested by the Authority, the Grant Recipient will provide reasonable assistance and cooperation to the Authority to assist the Authority’s compliance with its information disclosure obligations.

12.3.  On request from the Authority, the Grant Recipient will provide the Authority with all such relevant documents and information relating to the Grant Recipient’s data protection policies and procedures as the Authority may reasonably require.

12.4.  The Grant Recipient acknowledges that the Authority, acting in accordance with the codes of practice issued and revised from time to time under the Information Acts, may disclose information concerning the Grant Recipient and the Grant Agreement without consulting the Grant Recipient.

12.5.  The Authority will take reasonable steps to notify the Grant Recipient of a request for information to the extent that it is permissible and reasonably practical for it to do so.  Notwithstanding any other provision in the Grant Agreement, the Authority will be responsible for determining in its absolute discretion whether any information is exempt from disclosure in accordance with the Information Acts.

13. Data Protection

13.1.  The Grant Recipient and the Authority will comply at all times with their respective obligations under Data Protection Legislation.

13.2.  Given the nature of this Grant Agreement and the Funded Activities, the Parties do not envisage that either Party will process any Personal Data for or on behalf of the other Party, under or in connection with this Grant Agreement or the Funded Activities.  Where and to the extent that in undertaking the obligations set out in this Grant Agreement or performing the Funded Activities, either Party anticipates that the other will process any Personal Data for and on behalf of the other Party it shall notify the other Party and the Parties shall agree a variation to this Grant Agreement to incorporate appropriate provisions in accordance with Article 28 of the UK GDPR, or as otherwise required by the Data Protection Legislation.

14. Public procurement

14.1.  The Grant Recipient will ensure that value for money is obtained in the procurement of goods or services funded by the Grant. Where the Grant Recipient is a Contracting Authority within the meaning of the Procurement Regulations, the Grant Recipient will comply with the Procurement Regulations when procuring goods and services in

15. Subsidy Control

15.1.  The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations in respect of subsidies.

15.2.  The Grant Recipient will maintain appropriate records of compliance with the relevant subsidy control regime and will take all reasonable steps to assist the Authority to comply with the same and respond to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body.

15.3.  The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in a way that affects any such trade.

16. Intellectual property rights

16.1.  All rights (including Intellectual Property Rights) and title in and to any Background IPRs will remain the property of the relevant Party (or its licensors).

16.2.  All rights (including Intellectual Property Rights) and title in and to any IPR Material will vest in the Grant Recipient (or its licensors).

16.3.  The Grant Recipient grants to the Authority a non-exclusive irrevocable and royalty-free, sub-licensable, worldwide licence to use all the IPR Material for the purpose of supporting other projects.

16.4.  Other than as expressly set out in this Grant Agreement, neither Party will have any right to use any of the other Party’s names, logos or trademarks on any of its products or services without the other Party’s prior written consent.

17. Assignment

17.1.  The Grant Recipient will not transfer, assign, novate or otherwise dispose of the whole or any part of the Grant Agreement or any rights under it, to another organisation or individual, without the Authority’s prior approval.

18. Borrowing, Losses, Gifts, Special Payments

18.1.  The Grant Recipient shall obtain the Authority’s prior written consent before:

        18.1.1 borrowing or lending money from any source in connection with the Grant Agreement;

        18.1.2 giving any guarantee, indemnity, security over any Asset or letter of comfort in relation to the Grant Agreement;

        18.1.3 giving any gift, making any Special Payment and/or writing off any debt or liability in connection with the Grant, and shall keep a record of all gifts given and received in connection with the Grant.

19. Publicity

19.1.  The Grant Recipient gives consent to the Authority to publicise in the press or any other medium the Grant and details of the Funded Activities using any information gathered from the Grant Recipient’s initial Grant application or any monitoring reports submitted to the Authority in accordance with paragraph 6.2.

19.2.  The Grant Recipient will comply with all reasonable requests from the Authority to facilitate visits, provide reports, statistics, photographs and case studies that will assist the Authority in its promotional and fundraising activities relating to the Funded Activities.

19.3.  Any publicity material for the Funded Activities must refer to the programme under which the Grant was awarded and must feature the Authority’s logo. If a Third Party wishes to use the Authority’s logo, the Grant Recipient must first seek permission from the Authority.

19.4.  The Grant Recipient will acknowledge the support of the Authority in any materials that refer to the Funded Activities and in any written or spoken public presentations about the Funded Activities. Such acknowledgements (where appropriate or as requested by the Authority) will include the Authority’s name and logo (or any future name or logo adopted by the Authority) using the templates provided by the Authority from time to time.

19.5.  In using the Authority’s name and logo, the Grant Recipient will comply with all reasonable branding guidelines issued by the Authority from time to time.

20. Clawback, Events of Default, Termination and Rights Reserved for Breach and Termination

Events of Default

20.1.  The Authority may exercise its rights set out in paragraph 20.2 if any of the following events occur: 

        20.1.1 the Grant Recipient fails to comply with any of its obligations under the Grant Funding Agreement, which is material in the opinion of the Authority;

        20.1.2 the delivery of the Funded Activity does not start within three (3) months of the Commencement Date;

        20.1.3 the Grant Recipient fails, in the Authority’s opinion, to make satisfactory progress with the Funded Activity and, in particular, towards meeting the Agreed Outputs outlined in Annex 3 and the Spruce Site Assessment survey form;

        20.1.4 the Grant Recipient fails to improve delivery of the Funded Activity, having undertaken the remedial activity agreed with the Authority under paragraph 8.2;

        20.1.5 the Grant Recipient obtains any funding from a Third Party which, in the opinion of the Authority, undertakes activities that are likely to bring the reputation of the Funded Activities or the Authority into disrepute;

        20.1.6 the Grant Recipient provides the Authority with any materially misleading or inaccurate information in its grant application or in subsequent related correspondence;

        20.1.7 the Grant Recipient commits or committed a Prohibited Act or fails to report a Prohibited Act to the Authority, whether committed by the Grant Recipient or a Third Party, immediately upon becoming aware of it;

        20.1.8 during the Funding Period, any director or employee of the Grant Recipient commits any dishonest negligent act or omission, or otherwise brings the Authority into disrepute;

        20.1.9 the Grant Recipient:

                (a)     ceases to operate for any reason, or passes a resolution (or any court of competent jurisdiction makes an order) that it be wound up or dissolved (other than for the purpose of a bona fide and solvent reconstruction or amalgamation);

                (b)     becomes Insolvent as defined by section 123 of the Insolvency Act 1986, or it is declared bankrupt, or it is placed into receivership, administration or liquidation, or a petition has been presented for its winding up, or it enters into any arrangement or composition for the benefit of its creditors, or it is unable to pay its debts as they fall due;

        20.1.10 the European Commission or the Court of Justice of the European Union requires any Grant paid to be recovered by reason of a breach of State Aid Law through its application under Article 10 of the Northern Ireland Protocol;

        20.1.11 a court, tribunal or independent body or authority of competent jurisdiction requires any Grant paid to be recovered by reason of breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations (including under the Trade and Cooperation Agreement);

        20.1.12 the Grant Recipient breaches the Code of Conduct and/or fails to report an actual or suspected breach of the Code of Conduct by the Grant Recipient or its Representatives in accordance with paragraph 24;

        20.1.13 the Grant Recipient undergoes a Change of Control which will, in the reasonable opinion of the Authority:

                (a)     be materially detrimental to, or result in fundamental changes to, the Funded Activities;

                (b)     result in the new body corporate being unable to receive the Grant; and/or

                (c)     raise national security concerns.

Rights reserved for the Authority in relation to an Event of Default

20.2.  Where the Authority determines that an Event of Default has or may have occurred, the Authority may by written notice to the Grant Recipient take any one or more of the following actions:

        20.2.1 suspend the payment of Grant for such period as the Authority shall determine; and/or

        20.2.2 reduce the Maximum Sum in which case the payment of Grant shall thereafter be made in accordance with the reduction and notified to the Grant Recipient; and/or

        20.2.3 cease to make payments of Grant to the Grant Recipient under the Grant Agreement and (in addition) require the Grant Recipient to repay the Authority the whole or any part of the amount of Grant previously paid to the Grant Recipient; and/or

        20.2.4 terminate the Grant Agreement.

20.3.  Where the Authority requires any or all of the Grant to be repaid in accordance with paragraph 20.2.3, the Grant Recipient shall repay this amount no later than thirty (30) days following the date of the demand for repayment. If the Grant Recipient fails to repay the Grant within such period, the sum will be recoverable summarily as a civil debt.

Opportunity for the Grant Recipient to remedy an Event of Default

20.4.  If the Authority wishes to exercise any right under paragraph 20.2 in connection with an Event of Default which the Authority considers remediable:

        20.4.1 the Authority will provide reasonable notice to the Grant Recipient specifying particulars of the Event of Default, how it must be resolved and the timescales for its resolutions; and

        20.4.2 following receipt of a notification under paragraph 20.4.1, the Grant Recipient will be given reasonable opportunity to resolve the Event of Default before the Authority exercises the relevant right under paragraph 20.2.

20.5.  If the Authority wishes to exercise any right under paragraph 20.2 in connection with an Event of Default that it considers to be irremediable, or if a remediable Event of Default has not been resolved after the Grant Recipient has been given reasonable opportunity under paragraph 20.4.2, the Authority may immediately exercise the relevant right under paragraph 20.2.

General Termination Rights – Termination for Convenience

20.6.  Notwithstanding the Authority’s right to terminate the Grant Agreement pursuant to paragraph 20.2.4 above, either Party may terminate the Grant Agreement at any time by giving at least three (3) months written notice to the other Party.

Consequences of Termination

20.7.  If the Authority terminates the Grant Agreement in accordance with paragraph 20.2.4 or 20.6 the Grant Recipient shall return any Unspent Monies to the Authority within thirty (30) days of the date of the Authority’s termination notice, save where the Authority gives written consent to their retention.

20.8.  In the event of termination or expiry of this Grant Agreement, the Authority will not be liable to pay any of the Grant Recipient’s costs or those of any contractor/supplier of the Grant Recipient related to any transfer or termination of employment of any employees engaged in the provision of the Funded Activities.

20.9.  The Grant Recipient shall, on the Authority’s request, promptly prepare a written exit plan to provide for the cessation or seamless transfer of the Funded Activities following expiry or termination of this Grant Agreement.

21. Dispute resolution

21.1.  The Parties will use all reasonable endeavours to resolve in good faith any dispute that arises during the term of the Grant Agreement.

21.2.  All disputes and complaints (except for those which relate to the Authority’s right to withhold funds or terminate the Grant Agreement) shall be referred in the first instance to the Grant Manager and the Project Representative.

21.3.  If the dispute cannot be resolved between the Grant Manager and the Project Representative within a maximum of fifteen (15) Working Days, then the matter will be escalated to a formal meeting between the Parties’ Escalation Contacts.

22. Limitation of liability

22.1.  The Authority accepts no liability for any consequences or losses, whether arising directly or indirectly, that may arise in connection with:

        22.1.1 the Grant Recipient running the Funded Activities;

        22.1.2 the use of the Grant by any person;

        22.1.3 any reduction, suspension, withdrawal or request for repayment of the Grant; and/or

        22.1.4 termination of this Grant Agreement for any reason.

22.2.  The Grant Recipient shall indemnify and hold harmless the Authority and its Representatives with respect to all actions, claims, charges, demands, losses and/or proceedings arising from or incurred by reason of the actions and/or omissions of the Grant Recipient in relation to the Funded Activities, the non-fulfilment of obligations of the Grant Recipient under this Grant Agreement and/or its obligations to Third Parties.

22.3.  Save in respect of any liabilities that cannot be lawfully limited, the Authority’s liability to the Grant Recipient under this Grant Agreement is limited to the obligation to make payment of the Grant Funding when due and payable in accordance with this Grant Agreement.

23. VAT

23.1.  If VAT is held to chargeable in respect of the Grant Agreement, all payments shall be deemed to be inclusive of all VAT and the Authority shall not be obliged to pay any additional amount by way of VAT.

23.2.  All sums or other consideration payable to or provided by the Grant Recipient to the Authority at any time shall be deemed to be exclusive of all VAT payable and where any such sums become payable or due or other consideration is provided, the Grant Recipient shall at the same time or as the case may be on demand by the Secretary of State in addition to such sums or other consideration pay to the Secretary of State all the VAT so payable upon the receipt of a valid VAT invoice.

24. Code of conduct for grant recipients and branding manual

24.1. The Grant Recipient agrees to comply with the Code of Conduct and ensure that its Representatives undertake their duties in a manner consistent with the principles set out in the Code of Conduct. The Grant Recipient shall immediately notify the Authority if it becomes aware of any actual or suspected breaches of the principles outline in the Code of Conduct.

24.2. The Grant Recipient shall at all times during and following the end of the Funding Period:

        24.2.1 comply with requirements of the Branding Manual in relation to the Funded Activities; and

        24.2.2 cease use of the Funded by UK Government logo on demand if directed to do so by the Authority.

25. Variations

25.1. Save in respect of changes made under paragraph 3.4, any variation to this Grant Agreement will only be valid if it is in writing and signed by authorised representatives of both Parties. The Authority reserves the right to require the Recipient to comply with such additional conditions as the Authority may require in its sole discretion before agreeing to a variation.

26. Notices

26.1.  All notices and other communications in relation to this Grant Agreement shall be in writing and shall be deemed to have been duly given if personally delivered, e-mailed, or mailed (first class postage prepaid) to the address of the relevant party as stated in the Grant Funding Letter. All notices and other communications must be marked for the attention of the Grant Manager (for the Authority) and the Project Representative (for the Recipient).

26.2.  If personally delivered or if e-mailed all such communications 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 communications shall be deemed to have been given and received on the second Working Day following such mailing.

27. Force majeure

27.1. If the Grant Recipient is prevented from complying with its obligations under the Grant Funding Agreement due to force majeure or exceptional circumstances, the Authority must be notified in writing, within forty (40) Working Days from the date on which the Grant Recipient (or any person authorised to act on behalf of the Grant Recipient) is in a position to do so.

27.2. Force majeure or exceptional circumstances may include:

        (i) the Grant Recipient’s death or long-term professional incapacity;

        (ii) a severe natural disaster gravely affecting the Land;

        (iii) the accidental destruction of livestock buildings on the Land;

        (iv) an epizootic or a plant disease affecting part or all of the Grant Recipient’s crops, trees or livestock; or

        (v) expropriation of all or a large part of the Land (provided that the expropriation could not have been anticipated at the time the application for funding was made).

27.3. The Authority will consider the facts on a case-by-case basis in deciding whether or not the Grant Recipient is relieved of all or part of its obligations under the Grant Funding Agreement and whether all or part of the Grant should be suspended or repaid, due to force majeure or exceptional circumstances under this paragraph.

28. Governing Law

28.1. This Grant Agreement will be governed by and construed in accordance with the law of England and Wales.

Annex 1: SSA Guidance

Subject to paragraph 1.1, the Spruce Site Assessment grant manual (Guidance on how to apply) full terms and conditions shall apply to this Grant Funding Agreement.

Annex 2: Funded Activities

1. Background and purpose of the Grant

The eight-toothed spruce bark beetle (Ips typographus) is considered a serious pest on spruce in Europe and has recently been found in the wider environment in England as part of routine plant health surveillance activity.

The beetle is mainly a secondary pest, preferring stressed or weakened trees. However, under the right environmental conditions, beetle numbers can increase enough to result in attacks on healthy trees.

If left uncontrolled, the beetle, in association with pathogenic fungi (particularly the blue stain fungus Endoconidiophora polonica), has the potential to cause significant damage to Britain’s spruce-based forestry and timber industries.

The Ips typographus contingency plan states the objective to ‘ensure that infestations of Ips typographus are managed promptly with the primary aim of eradicating pioneer populations of the beetle.’

Policy also focuses on proactively encouraging spruce tree removal and replacement with non-susceptible trees. Felling healthy spruce reduces the opportunity for colonisation by Ips typographus and may be required as a precaution to remove potentially susceptible material that could lead to infestation. Removing spruce as a host from the Proactive Spruce Removal Area entirely will limit the possibility of populations of Ips typographus establishing and prevent geographical spread. Predicted climate change may alter spruce suitability in some sites across the South and East of England, impacting future spruce health and resilience to Ips typographus infestations. Felling proactively could reduce the risk of these areas becoming future outbreak sites.

The Spruce Site Assessment (SSA) offers funding for landowners who have spruce canopy cover within the Ips typographus Proactive Spruce Removal Area.  This is only available on land with existing spruce that is not currently subject to an Statutory Plant Health Notice (SPHN). The SSA assesses:

• the extent and condition of spruce on their property
• the costs of felling that spruce
• the costs of restocking
• the funding available to fell and restock
• This in turn will allow landowners to make informed decisions on the felling of the spruce on the property.

2. Funded Activities

Each SSA agreement will offer funding for £2,000 for the assessment of spruce on the property.

There must be a minimum of 0.5ha of spruce which is wholly or partly within the Proactive Spruce Removal Area, to be eligible for payment for SSA. This can be split down into discrete blocks, of no minimum size, so long as the total of all blocks equals or surpasses 0.5ha.

The SSA must include all the spruce on the property.

There is no obligation to fell any spruce on the property (unless an SPHN is served).

Only one SSA will be paid on any property.

The completion of the SSA must be on the SSA survey pro forma provided by the Forestry Commission.  No other form of assessment will be accepted. Application to the SSA must be requested for and completed using the Forestry Commission application template, no other form of application will be accepted.

Request for SSA application forms via email: SSAenquiries@forestrycommission.gov.uk.

Approval and payment of a claim for SSA does not entitle the applicant to any further funding in relation to the felling being considered in the SSA.

The funding available at the point of any application for proactive felling may differ from that used in the calculations in the SSA.

All funded activities within the SSA (the completion of the SSA form) must be completed and the claim submitted by 31st of March 2026.

The fund will remain open for new application until 65 agreements have been offered or the 28th of February 2026, whichever is sooner.

Annex 3: Agreed Performance Measures and Outcomes

• The SSA will provide a comprehensive breakdown of site(s), planning and operational constraints or features on the site that will impact the cost of felling the spruce.

• Map(s) submitted with the SSA and claim must include the following:

  • Map title
  • Agreement Reference
  • Author name
  • Date
  • National Grid Reference
  • Key
  • Scale
  • Woodland boundary for that ownership
  • all areas of spruce on the property – locations of small groups or individual trees can be indicative
  • Proposed felling operation required to remove spruce (clearfell / selective group felling/thinning/individual trees)
  • All felling constraints
  • New infrastructure requirements or improvements including lengths or area
• The SSA will provide a clear summary of the costs associated with felling of spruce only and replanting. It will also detail the potential funding available for the felling and replanting.
• The potential rate(s) of grant funding for felling and restocking identified in the SSA will reflect those rates available at time of submission.

Annex 4: Confirmation of Bank Details

The Confirmation of Bank Details form, to be completed by the Grant Recipient.

A Forestry Commission Suppliers Creation form will be sent to the applicant with an agreement offer. This should be signed and returned with the signed Terms and Conditions.

Annex 5: Declaration of Agreement

I have read, understand and accept the Spruce Site Assessment Terms and Conditions, Annexes and Associated Best Practice.

Signed by the Grant Recipient (this is either the Landowner or Agent with authority, and on behalf of, the Landowner).

Date