Statutory guidance

Tree health pilot scheme 2024: grant funding agreement terms and conditions

Published 16 February 2024

Applies to England

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 Tree Health Pilot Grant Letter from the Authority (the “Grant Recipient”)

In relation to: Tree Health Pilot (THP)

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 a competition for grant applications in respect of the Tree Health Pilot (THP).

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

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

(F) The Grant Recipient(s) 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 THP Annexes to this Grant Funding Agreement, specifically the THP Scheme Manual described at Annex 1 and the THP Group Applicants and Lead Facilitator Guide described at Annex 1A and incorporated in their entirety by reference herein;

(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 on the basis of the Grant Recipient’s THP Application Form for, where applicable, the provision of felling diseased trees, restocking and maintenance of trees.

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:

Definition	Interpretation
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;
Actual Costs	means the actual costs of items subject of the Funded Activities (Actual Cost Items), as determined in accordance with Annex 2;
Agreement Map	means the final application map(s) submitted to the Authority and sent to the Grant Recipient with the Grant Funding Agreement. If the Grant Recipient submits key information on more than one map, then more than one map will be an Agreement Map;
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 THP 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;
Biosecure Planting Stock	means plants and trees sourced from nurseries who provide evidence that they meet the requirements set out in the Plant Health Management Standard available at Plant Health Management Standard. The evidence should be provided in one of two forms: - Current membership of the Plant Healthy Certification Scheme (Certification Number) or have officially applied to become certified. For nurseries who are not current members of Plant Healthy certification should be achieved within 12 months. - Successful Ready to Plant assessment reference number associated with the Grant Funding Agreement number;
Branding Manual	means the HM Government of the United Kingdom of Great Britain and Northern Ireland Branding Manual Funded by UK Government published by the Cabinet Office which is available at Branding guidelines - GCS, including any subsequent updates from time to time;
Bribery Act	means the Bribery Act 2010 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 this legislation;
Capital Items and or Activities	means the capital items and or activities paid for by the Grant on a Standard Cost Item or Actual Cost Item basis;
Capital and or Activity Payment	means Grant funding payments for Capital Items and or Activities that are paid for as Standard Cost Items or Actual Cost Items, as opposed to Maintenance Payments;
Code of Conduct	means the Code of Conduct for Recipients of Government General Grants published by the Cabinet Office in November 2018 which is available at Code of Conduct for Recipients of Government General Grants, including any subsequent updates from time to time;
Commencement Date	means the date on which the Grant Recipient confirms Acceptance of this Grant Funding Agreement;
Confidential Information	means any information (however conveyed, recorded or preserved) disclosed by a Party or its personnel to another Party (and/or that Party’s personnel) whether before or after the date of the Grant Funding Agreement, including but not limited to: (a) any information that ought reasonably to be considered to be confidential (whether or not it is so marked) relating to: (i) the business, affairs, customers, clients, suppliers or plans of the disclosing Party; and (ii) the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing Party; and (b) any information developed by the Parties in the course of delivering the Funded Activities; (c) the Authority Personal Data; (d) any information derived from any of the above. Confidential Information shall not include information which: (a) was public knowledge at the time of disclosure (otherwise than by breach of paragraph 11 of these Conditions); (b) was in the possession of the receiving Party, without restriction as to its disclosure, before receiving it from the disclosing Party; (c) is received from a Third Party (who lawfully acquired it) without restriction as to its disclosure; or (d) is independently developed without access to the Confidential Information;
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 Regulation (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 (including the Northern Ireland Assembly and Executive Committee, the Scottish Executive and the National Assembly for Wales), including, but not limited to, government ministers and government departments and particular bodies, persons, commissions or agencies from time to time carrying out functions on its behalf;
Data Protection Legislation	means (i) the GDPR; (ii) the Data Protection Act 2018 to the extent that it relates to the processing of Personal Data and privacy; and (iii) all applicable Law relating to the processing of Personal Data and privacy;
Domestic Law	means an applicable law, statute, bye-law, 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 which replaces European Union (EU) law as a consequence of the UK leaving the EU;
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 (for the avoidance of doubt, including private investors and a government entity other than the Authority) 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	mean the Authority’s selection criteria used to determine who is eligible to be and should be Grant Recipients, including the Grant Recipient;
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 qualified under the expression of interest (EOI) process, that is based in the pilot region(s) and for which the Grant Recipient or Group Applicants have 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 the last date for which the various payments under the Grant can be claimed for. These dates are specified in Annex 2A;
EIR	means the Environmental Information Regulations 2004;
Event of Default	means an event or circumstance set out in paragraph 24.1;
Financial Year (FY)	means from 1 April to 31 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 the last to occur of the End of Funding Dates as specified in Annex 2A; the Grant Funding Agreement shall terminate at the end of the last to occur of the End of Funding Dates or final Obligation Period, as applicable;
General Data Protection Regulation and GDPR	means the General Data Protection Regulation (EU) 2016/679;
Grant	means the sum or sums the Authority will pay to the Grant Recipient in accordance with paragraph 4 and subject to the provisions set out at paragraph 24;
Grant Claim	means the THP Claim Form at Annex 1B and submitted by the Grant Recipient to the Authority for payment of the Grant;
Grant Funding Agreement	means these Conditions and Tree Health Pilot Scheme Manual, the THP Group Applicants and Lead Facilitator Guide, the Application Form, Agreement Map(s) and the Grant Offer and Acceptance Letters;
Grant Offer	means the sum or sums of money that is or are payable to the Grant Recipient in accordance with this Agreement (as set out in the Grant Offer Letter);
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 in relation to the Grant;
Group, Group Applicant or Group Application	means a Grant application made by more than one person or entity (“Group” in the collective or “Group Applicant” in the singular), for one or more parcels of Land on which Funded Activities are to be delivered and or coordinated by the Group, for which a designated Lead Facilitator receives Grant funding and performs other administrative activities on behalf of the Group. Each Group Applicant will enter and sign its own Grant Funding Agreement and be a Grant Recipient;
HRA	means the Human Rights Act 1998 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;
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, as amended from time to time;
Infrastructure	means various types of infrastructure installed to help make Woodland more accessible, allowing timber and other forest products to be moved more easily. The types of infrastructure eligible for this Grant are described in the THP Scheme Manual;
Intervention Rate	means the proportion of Actual Costs or Standard Costs the Authority will pay;
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 or its Representatives in relation to the Funded Activities during the Funding Period (including but not limited to, materials expressed in any form of report, database, design, document, technology, information, know how, system or process);
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 and in relation to which claims for funding can or have been made under this Grant Funding Agreement;
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;
Lead Facilitator	means, in the case of a Group Application, the person or entity designated and authorised by the Group to apply for Grant funding, receive and disseminate Grant funding, coordinate and oversee Funded Activities, retain records, monitor and report, and perform all other administrative activities required by this Grant Funding Agreement as administrator and agent acting on behalf of the Group. Where relevant to the Lead Facilitator responsibilities set out above, any references to “Grant Recipient” in this Grant Funding Agreement shall also apply to the Lead Facilitator. The Lead Facilitator will be entitled to receive Grant Funding in the form of Lead Facilitator Payments, which will be paid on an hourly basis of £24 per hour and capped at £4200 per month but in the aggregate over the duration of the Grant, the amount payable shall be no higher than the total award payment to the Group for which that Lead Facilitator is appointed;
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;
Maintenance Payment	has the meaning set out in Annex 2B and means the annual Grant payments available to the Grant Recipient for the required maintenance of restocked trees towards achieving Tree Establishment (in order to be eligible for Maintenance Payments during this period, the Grant Recipient must take measures to maintain above 75% restocked tree survival rate for Trees Outside Woodland (TOW) and above 85% restocked tree survival rate for trees inside woodland); Maintenance Payments are available to the Grant Recipient on an annual basis for the first three (3) years, for TOW and the first five (5) years for trees inside woodland of the Obligation Period which commences on the date of payment for an eligible Capital Item or Activity, with respect to that Capital Item or Activity;
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 Rate Cap	means the amount of Grant Funding available for the types of Funded Activities subject to the Maximum Rate Cap, as set out on in Annex 2B.
Maximum Sum	means the maximum amount of Grant Funding that the Authority will provide to the Grant Recipient for any Funded Activities subject to paragraph 24;
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, subject to the Authority’s prior notice, review and approval of the Novation Agreement;
Obligation Period	has the meaning given to it in Annex 2B and means the period of time over which the Grant Recipient is required to use reasonable measures to maintain restocked trees towards achieving Tree Establishment. The Obligation Period commences from the date of payment for an eligible Capital Item or Activity and continues for eight (8) years with respect to that Capital Item or Activity. Maintenance Payments are available to the Grant Recipient for the first three (3) years of the Obligation Period;
Party	means the Authority or Grant Recipient and Parties shall be each Party together;
Personal Data	has the meaning given to it in the Data Protection Legislation as amended from time to time;
Procurement Regulations	means the Public Contracts Regulations 2015, Concession Contracts Regulations 2016, Defence Security Public Contracts Regulations 2011 and the Utilities and Contracts Regulations 2016 together with their amendments, updates and replacements from time to time;
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 for: (i) doing or not doing (or for having done or not having done) any act in relation to the obtaining or performance of the Funding Agreement; or (ii) showing or not showing favour or disfavour to any person in relation to the Funding Agreement; (b) committing any offence: (iii) under the Bribery Act; (iv) under legislation creating offences in respect of fraudulent acts; or (v) at common law in respect of fraudulent acts in relation to the Funding Agreement; or (c) defrauding or attempting to defraud or conspiring 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 pursuant to the Rectification Plan process set out in paragraph 24;
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, set by the Authority’s personnel including FC Woodland Officers or FC Tree Health Officer. These may be communicated orally or in writing, formally or informally, with the Grant Recipient or their Agent following the Authority’s review of the Grant application, its supporting material or on-site surveys, prior to agreement. Site-Specific Conditions could include  specific requirements  such  as the location of infrastructure, geographical, archaeological or natural features that should be avoided or undisturbed, future timber extraction routes, and any specific planting requirements;
Special Payments	means ex gratia expenditure by the Grant Recipient to a third party where no legal obligations exists for the payment and/or other extra- contractual expenditure. Special Payments may include, but is not limited to, out-of-court settlements, compensation or additional;
Standard Costs	means the costs identified and set by the Authority for Capital Items and Activities paid for by the Grant, based on the national averages for those items and activities;
State Aid Law	means the law embodied in Articles 107- 109 of section 2, Title VII of the Common Rules on Competition, Taxation and Approximation of Laws – Consolidated Versions of the Treaty on EU and the Treaty for the Functioning of the EU to the extent it continues to apply in the United Kingdom;
Succession	means the transfer of the legal interest in the whole or part of the Eligible Land and subject to the Grant, held by the Grant Recipient at the Commencement Date of the Agreement, from the Grant Recipient to a Successor;
Successor	means a third party who obtains the legal interest in the whole or part of the Eligible Land subject to the Grant, held by the Grant Recipient at the Commencement Date of the Grant Funding Agreement, from the Grant Recipient;
Third Party	means any person or organisation other than the Grant Recipient or the Authority;
THP Grant Manual	means the Tree Health Pilot Grant Manual, which terms and conditions are hereby incorporated by reference into this Grant Funding Agreement;
Tree Establishment	means the standard the Forestry Commission, or its Authorised Representatives, will determine this through an inspection where Forestry Commission or its Authorised Representatives will be looking for evidence that the trees have been planted and established in accordance with the specification for each capital item;
United Kingdom Forestry Standard (UKFS)	means the reference standard for sustainable forest management in the UK. It outlines the context for forestry, sets out the approach of the UK governments to sustainable forest management, defines standards and requirements, and provides a basis for regulation and monitoring – including national and international reporting;
Unspent Monies	means any monies paid to the Grant Recipient in advance of its Eligible Expenditure, which remains unspent and uncommitted at the end of the Financial Year, the Funding Period or because of termination or breach of these Conditions;
VAT	means value added tax chargeable in the UK;
Woodland	means the woodland or forested area created as a result of these Funded Activities or more generally, land under stands of trees with a canopy cover of at least 20% (or having the potential to achieve this), including integral open space, and including felled areas that are awaiting restocking;
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. The further special Definitions at Annex 2B shall apply to these Conditions.

In these Conditions, unless the context otherwise requires:

(i) the singular includes the plural and vice versa;

(ii) reference to a gender includes the other gender and the neuter;

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

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

(v) 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;

(vi) 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”;

(vii) references to “writing” include typing, printing, lithography, photography, display on a screen, electronic and facsimile transmission and other modes of representing or reproducing words in a visible form, and expressions referring to writing will be construed accordingly;

(viii) references to “representations” will be construed as references to present facts, to “warranties” as references to present and future facts and to “undertakings” as references to obligations under the Grant Funding Agreement;

(ix) references to “paragraphs” and “Annexes” are, unless otherwise provided, references to the paragraphs and annexes of these Conditions and references in any Annex to parts, paragraphs and tables are, unless otherwise provided, references to the parts, paragraphs and tables of the Annex in which these references appear; and

(x) the headings in these Conditions are for ease of reference only and will not affect the interpretation or construction of these Conditions.

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

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

(ii) The Annexes to this Grant Funding Agreement, specifically the THP Scheme, and thereafter the THP Group Applicants and Lead Facilitator Guide to the extent that it applies;

(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).

3. Conditions

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 2A 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 or, if applicable, eight (8) years after the date that any final Grant Payment is made for any eligible Capital Item or Activity, that is, to the end of the final Obligation Period.

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 further Specific Conditions and Eligibility Criteria contained at Annex 2B, including the obligations imposed during the Obligation Period.

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. The signatory must be the Grant Recipient or someone with proper delegated authority on behalf of the Grant Recipient. Any change of bank details must be notified immediately and agreed by an approved signatory. Any change of signatory must be notified to the Authority for approval, as soon as known.

4.4. The Grant represents the Maximum Sum the Authority will pay to the Grant Recipient under the Funding Agreement. The Maximum Sum will not be increased in the event of any overspend by the Grant Recipient in its delivery of the Funded Activities.

4.5. The Authority will only pay the Grant to the Grant Recipient in respect of Eligible Expenditure incurred by the Grant Recipient to deliver the Funded Activities, and only up to and including the Maximum Sum as set out in the Grant Offer Letter. The Authority will not pay the Grant until it is satisfied that the Grant Recipient has paid for the Funded Activities in full and the Funded Activities have been delivered during the Funding Period.

4.6. The funding allocated to specific Funded Activities, as specified in the Grant Determination Letter, must be used for the sole purpose of that Funded Activity and is not transferrable to any other Funded Activity within the Grant Agreement.

4.7. On request, the Grant Recipient will provide the Authority with evidence of the costs, which are classified as Eligible Expenditure in paragraph 5.2, which may include (but will not be limited to) receipts and invoices or any other documentary evidence specified by the Authority.

4.8. The Grant Recipient agrees that:

(i) 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;

(ii) the Authority may refer the Grant Recipient to the police should it dishonestly and intentionally obtain Duplicate Funding for the Funded Activities;

(iii) The Authority will not make the first payment of the Grant and/or any subsequent payments of the Grant unless or until, the Authority is satisfied that:

(a) the Grant will be used for Eligible Expenditure only; and

(b) if applicable, any previous Grant payments have been used for the Funded Activities or, where there are Unspent Monies, have been repaid to the Authority.

4.9. The Grant Recipient shall submit a claim for Capital or Activity Payments (Standard Cost, Actual Cost and Maximum Rate Cap Items and/or activities) by the relevant End of Funding Date, and where applicable, for Maintenance Payments and Lead Facilitator Payments by the relevant End of the Funding Date, in any case by Grant Claim and with any other supporting documentation as prescribed by the Authority. Where relevant, the Grant Recipient may claim every year for three (3) years total for TOW or five (5) years total for trees inside Woodland for annual Maintenance Payments for restocked trees. However, the Obligation Period and the Grant Recipient’s obligation to reasonably maintain the restocked trees continues for another five (5) years for a total period of required maintenance of eight (8) years for TOW and ten (10) years for trees inside Woodland, the Obligation Period running from the date of the last payment for the eligible Capital Item or Activity.

4.10. Unless otherwise stated in the Grant Funding Agreement, payment of the Grant will be made within 30 days of the Authority approving the Grant Recipient’s Grant Claim.

4.11. The Authority will have no liability to the Grant Recipient for any Losses caused by a delay in the payment of a Grant Claim howsoever arising.

4.12. The Authority reserves the right not to pay any Grant Claims, which are not submitted within the period set out for Grant Claims, which are incomplete, incorrect or submitted without the full supporting documentation.

4.13. 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. This includes (without limitation) situations where the Grant Recipient is paid in error before it has complied with its obligations under the Grant Funding Agreement. Any sum, which falls due under this paragraph 4.13, shall fall due immediately. If the Grant Recipient fails to repay the due sum within 60 days the sum will be recoverable summarily as a civil debt.

4.14. Where the Grant Recipient enters into a contract with a Third Party in connection with the Funded Activities, the Grant Recipient will remain responsible for paying that Third Party. The Authority has no responsibility for paying Third Party invoices.

4.15. Onward payment of the Grant and the use of sub-contractors shall not relieve the Grant Recipient of any of its obligations under the Grant Funding Agreement, including any obligation to repay the Grant.

4.16. If the Grant Recipient is required to repay grant funds under any other Government grant scheme, part or all of the Grant Recipient’s THP Grant Claim may not be paid out to the Grant Recipient but instead used to repay what is owed to Government. Similarly, if the Grant Recipient is required to repay grant funds under their THP Grant agreement, such funds may be collected via other grant schemes held by the Grant Recipient with Government.

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 (as set out 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 the Grant Funding may not be used for payment of these:

(i) 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;

(ii) giving evidence to Parliamentary Select Committees;

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

(iv) responding to public consultations, where the topic is relevant to the objectives of the Funded Activities. To avoid doubt, Eligible Expenditure does not include the Grant Recipient spending the Grant on lobbying other people to respond to any such consultation (unless explicitly permitted in the Grant Funding Agreement);

(v) 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’;

(vi) 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;

(vii) 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;

(viii) enabling one part of government to challenge another on topics unrelated to the agreed purpose of the grant;

(ix) petitioning for additional funding;

(x) entertaining, specifically aimed at exerting influence to change government policy;

(xi) inputting VAT reclaimable by the Grant Recipient from HMRC; and

(xii) paying for activities of a political or religious nature.

5.3. Other examples of expenditure, which are not Eligible Expenditure and are prohibited, include the following:

(i) contributions in kind (specifically contribution in goods; including but not limited to any kinds, types or size of trees, as differentiated from money);

(ii) interest payments or service charge payments for finance leases;

(iii) gifts;

(iv) statutory fines, criminal fines or penalties civil penalties, damages or any associated legal costs;

(v) 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;

(vi) bad debts to related parties;

(vii) payments for unfair dismissal or other compensation;

(viii) depreciation, amortisation or impairment of assets owned by the Grant Recipient;

(ix) 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 Letter); and

(x) liabilities incurred before the commencement of the Grant Funding Agreement unless agreed in writing by the Authority.

6. Annual Grant review - not used

7. Monitoring and reporting

7.1. The Grant Recipient(s) shall closely monitor the delivery and success of the Funded Activities throughout the Funding Period to ensure that the aims and objectives of the Funded Activities are achieved.

7.2. The Grant Recipient(s) shall provide the Authority with all reasonable assistance and co-operation in relation to any ad-hoc information, explanations and documents as the Authority may require, from time to time, so the Authority may establish if the Grant Recipient has used the Grant in accordance with the Grant Funding Agreement.

7.3. The Grant Recipient will permit any person authorised by the Authority reasonable access, with or without notice, to its employees, agents, premises, facilities and records, for the purpose of discussing, monitoring and evaluating the Grant Recipient’s fulfilment of its obligations under the Grant Funding Agreement and will, if so required, provide appropriate oral or written explanations to such authorised persons as required during the Funding Period.

7.4. The Grant Recipient(s) will notify the Authority as soon as reasonably practicable of:

(i) any actual or potential failure to comply with any of its obligations under the Grant Funding Agreement, which includes those caused by any administrative, financial or managerial difficulties;

(ii) any actual or potential variations to the Eligible Expenditure set out in the Application Form and/or any event which materially affects the continued accuracy of such information.

7.5. The Grant Recipient represents and undertakes (and shall repeat such representations on delivery of any annual report):

(i) that the reports and information it gives pursuant to this paragraph are accurate;

(ii) that it has diligently made full and proper enquiry of the matter pertaining to the reports and information given; and

(iii) that any data it provided pursuant to an application for the Grant may be shared within the powers conferred by legislation with other organisations for the purpose of preventing or detecting crime.

8. Auditing and assurance

8.1. The Authority may, at any time during and up to five (5) years after the end of the Grant Funding Agreement, conduct audits or require information from the Grant Recipient as to whether the Grant has been used for the delivery of the Funded Activities, where the Authority considers it reasonable or necessary. The Grant Recipient agrees to grant the Authority or its Representatives access, as required, to all Funded Activities sites and relevant records. The Grant Recipient will ensure that all necessary information and access rights are explicitly included within all arrangements with sub-contractors.

8.2. If the Authority requires further information, explanations and documents, in order for the Authority to establish that the Grant has been used properly in accordance with the Grant Funding Agreement, the Grant Recipient will, within ten (10) Working Days of a request by the Authority, provide the Authority, free of charge, with the requested information.

8.3. The Grant Recipient shall:

(i) nominate an independent auditor to verify the final statement of expenditure and income submitted to the Authority;

(ii) identify separately the value and purpose of the Grant Funding in its audited accounts and its annual report; and

(iii) maintain a record of internal financial controls and procedures and provide the Authority with a copy if requested.

Retention of documents

8.4. The Grant Recipient shall retain all invoices, receipts, accounting records and any other documentation (including but not limited to, correspondence) relating to the Eligible Expenditure; income generated by the Funded Activities during the Funding Period for the duration of the Obligation Period.

8.5. The Grant Recipient shall take photographs of Actual Cost Items once installed and retain them for the duration of the Obligation Period and, on request of the Authority, make them available to the Authority within five (5) Working Days of such request.

8.6. The Grant Recipient shall ensure that all its sub-contractors retain each record, item of data and document relating to the Funded Activities for the duration of the Obligation Period.

8.7. Upon request of the Authority, the Grant Recipient will promptly provide revised forecasts of expenditure and any income in relation to the Funded Activities.

9. Financial management and prevention of bribery, corruption, fraud and other irregularity

9.1. The Grant Recipient will 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.

9.2. The Grant Recipient must have a sound administration and audit process, including where appropriate internal financial controls to safeguard against fraud, theft, money laundering, counter terrorist financing or any other impropriety, or mismanagement in connection with the administration of the Grant.

9.3. All cases of fraud or theft (whether proven or suspected) relating to the Funded Activities must be notified to the Authority as soon as they are identified. 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 Authority may however request that the matter is referred (which the Grant Recipient is obliged to carry out) to external auditors or other Third Party as required.

9.4. The Authority will have the right, at its absolute discretion, to insist that the Grant Recipient address any actual or suspected fraud, theft or other financial irregularity and/or to suspend future payment of the Grant to the Grant Recipient. Any grounds for suspecting financial irregularity includes what the Grant Recipient, acting with due care, should have suspected as well as what it actually proven.

9.5. The Grant Recipient agrees and accepts that it may become ineligible for Grant support and may be required to repay all or part of the Grant if it engages in tax evasion or aggressive tax avoidance in the opinion of Her Majesty’s Revenue and Customs.

9.6. For the purposes of paragraph 9.4 “financial irregularity” includes (but is not limited to) potential fraud or other impropriety, mismanagement, and the use of the Grant for any purpose other than those stipulated in the Grant Funding Agreement. The Grant Recipient may be required to provide statements and evidence to the Authority or the appropriate organisation as part of pursuing sanctions, criminal or civil proceedings.

10. Conflicts of interest

10.1. 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 Funding Agreement.

10.2. 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.

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 Funding 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 Funding Agreement.

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

(i) for the purpose of the examination and certification of the Authority’s accounts; or pursuant to section 6 (1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the Authority has used its resources; or

(ii) to any government department, consultant, contractor or other person engaged by the Authority, provided that in disclosing information under the Authority only discloses the information which is necessary for the purpose concerned and requests that the information is treated in confidence and that a confidentiality undertaking is given where appropriate;

(iii) 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 Funding 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. Transparency

12.1. The Authority and the Grant Recipient acknowledge that, except for any information that is exempt from disclosure in accordance with the provisions of the Information Acts, the content of the Grant Funding Agreement is not confidential.

13. Statutory duties

13.1. The Grant Recipient agrees to adhere to its obligations under the Law including but not limited to the Information Acts and the HRA.

13.2. Where requested by the Authority, the Grant Recipient will provide reasonable assistance and cooperation to enable the Authority to comply with its information disclosure obligations under the Information Acts.

13.3. On request from the Authority, the Grant Recipient within ten (10) Working Days 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.

13.4. 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 Funding Agreement without consulting the Grant Recipient.

13.5. 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 Funding 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.

14. Data protection, Freedom Of Information Act (FOI)/Environmental Information Request (EIR) and public procurement

Data protection

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

14.2. The Parties acknowledge that for the purpose of Data Protection Legislation the Grant Recipient is the Controller of any Personal Data processed by it pursuant to the Funded Activities. To the extent that the Grant Recipient and the Authority share any Personal Data for the purposes of this Grant Funding Agreement, the Parties accept that they are each a separate, independent Controller in respect of such Personal Data.

Each Party:

(i) must comply with the applicable Data Protection Legislation in respect of their processing of such Personal Data;

(ii) must be individually and separately responsible for its own compliance;

(iii) and do not and must not Process any Personal Data as Joint Controllers;

(iv) at their own cost enters into such specific agreements as may be reasonably required to enable each other to comply with their respective duties under the Data Protection Legislation as a result of the arrangements contemplated by this Grant Funding Agreement and give each other all reasonable assistance (including review by each party’s legal advisors) in so complying.

14.3. 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.

14.4. The Parties acknowledge and agree that this Grant Funding Agreement does not require either Party to act as a Processor of the other. In the event that there is any change which requires either Party to act as a Processor the Parties agree, at their own cost, to enter into the standard data protection clauses set out in the Crown Commercial Services Procurement Policy Note 02/18 (as amended or replaced from time to time).

14.5. In the event that the Parties believe that there is a Joint Controller relationship, the Parties must seek to agree and enter into a Data Processing Joint Controller Agreement, all Parties acting reasonably. With respect to compliance with the Data Protection Legislation only and in the event of a conflict between the conditions of this agreement and any Data Processing Joint Controller Agreement, the terms of the Data Processing Joint Controller Agreement must take precedence.

14.6. Each Party must, with respect to its processing of Personal Data as a separate, independent Controller, implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) (a), (b), (c) and (d) of the GDPR.

14.7. Subject to paragraph 6 (b), the Grant Recipient agrees that the Authority and its Representatives may use Personal Data which the Grant Recipient provides about its staff and partners involved in the Funded Activities to exercise the Authority’s rights under this Agreement and or to administer the Grant or associated activities. Furthermore, the Authority agrees that the Grant Recipient and its Representatives may use Personal Data which the Authority provides about its staff involved in the Funded Activities to manage its relationship with the Authority.

14.8. The Grant Recipient agrees that the Authority may share details of the Grant, including the name of the Grant Recipient’s organisation, with the UK Government and that these details may appear on the Government Grants Information System database which is available for search by other funders.

14.9. The Authority and the Grant Recipient shall:

(i) ensure that the provision of Personal Data to the other Party is in compliance with the Data Protection Legislation (including by ensuring all required fair processing information has been given to affected Data Subjects); and

(ii) ensure that it only shares Personal Data with the other Party to the extent required in connection with Funded Activities.

14.10. Where a Party (the “Data Receiving Party”) receives a request by any Data Subject to exercise any of their rights under the Data Protection Legislation in relation to the Personal Data shared pursuant to this Agreement:

(i) the other Party shall provide any information and/or assistance as reasonably requested by the Data Receiving Party to help it respond to the request or correspondence, at the Data Receiving Party’s cost; or

(ii) where the request or correspondence is directed to the other party and/or relates to the other Party’s Processing of the Personal Data, the Data Receiving Party will:

(iii) promptly, and in any event within five (5) Working Days of receipt of the request or correspondence, inform the other Party that it has received the same and shall forward such request or correspondence to the other Party; and

(iv) provide any information and/or assistance as reasonably requested by the other Party to help it respond to the request or correspondence in the timeframes specified by Data Protection Legislation.

14.11. Each Party shall promptly notify the other upon it becoming aware of any Personal Data Breach relating to Personal Data provided by the other Party pursuant to this Agreement and shall:

(i) do all such things as reasonably necessary to assist the other Party in mitigating the effects of the Data Breach;

(ii) implement any measures necessary to restore the security of any compromised Personal Data;

(iii) work with the other Party to make any required notifications to the Information Commissioner’s Office and affected Data Subjects in accordance with the Data Protection Legislation (including the timeframes set out therein); and

(iv) not do anything which may damage the reputation of the other Party or that Party’s relationship with the relevant Data Subjects, save as required by Law.

14.12. Without limiting any other provision of paragraph 14, each of the Parties shall, on request, provide such information and assistance as is reasonably requested by the other Party to assist the other Party in complying with the Data Protection Legislation in respect of the Personal Data.

14.13. The Authority and the Grant Recipient shall not retain or process Personal Data for longer than is necessary to perform the respective obligations under this Agreement.

14.14. The Grant Recipient will notify the Authority of any change to its constitution, legal form, membership structure (if applicable) or ownership, and of any complaint or investigation by any regulatory body or the police into its activities or those of its staff or officers or volunteers.

Freedom Of Information Act (FOI)/Environmental Information Request (EIR)

14.15. The Grant Recipient agrees to provide all necessary assistance and cooperation which is reasonably requested by the Authority for the purposes of complying with its obligations under the FOIA and the EIR. If the Grant Recipient is required to supply information pursuant to a FOIA/EIR request, it shall supply all such information which is within its possession or control within five (5) Working Days (or such other period as the Authority shall reasonably require).

14.16. If the Grant Recipient receives a FOIA/EIR request from a member of the public, it shall not respond to the request but shall forward the request to the Authority within two (2) Working Days of receipt.

14.17. The Authority shall determine in its absolute discretion whether any information is exempt from disclosure in accordance with the provisions of FOIA and/or the EIRs.

Public procurement

14.18. The Grant Recipient will ensure that any of its Representatives involved in the Funded Activities will adopt such policies and procedures that are required in order to ensure that value for money has been obtained in the procurement of goods or services funded by the Grant.

14.19. Where the Grant Recipient is a Contracting Authority within the meaning of the Procurement Regulations the Grant Recipient will comply, as necessary, with the Procurement Regulations when procuring goods and services in connection with the Grant Funding Agreement and the Authority shall not be liable for the Grant Recipient’s failure to comply with its obligations under the Procurement Regulations.

15. Subsidies

15.1. The Grant Recipient will ensure that delivery of the Funded Activities do not put the Authority in breach of the UK’s 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.

16. Intellectual Property Rights

16.1. Intellectual Property in all IPR Material will be the property of the Grant Recipient. Other than as expressly set out in these Conditions, 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.

16.2. 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.

16.3. Ownership of Third Party software or other IPR necessary to deliver Funded Activities will remain with the relevant Third Party.

16.4. The Grant Recipient must ensure that they have obtained the relevant agreement from the Third Party proprietor before any additions or variations are made to the standard ‘off-the-shelf’ versions of any Third Party software and other IPR. The Grant Recipient will be responsible for obtaining and maintaining all appropriate licences to use the Third Party software.

17. Environmental requirements

17.1. The Grant Recipient shall perform the Funded Activities at all times in compliance with the UKFS where applicable.

17.2. The Grant Recipient shall perform the Funded Activities in accordance with the Authority’s environmental policy, which is to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.

17.3. The Grant Recipient shall pay due regard to the use of recycled products, so long as they are not detrimental to the provision of the Funded Activities or the environment, to include the use of all packaging, which should be capable of recovery for re-use or recycling.

17.4. The Grant Recipient shall take all possible precautions to ensure that any equipment and materials used in the provision of the Funded Activities do not contain chlorofluorocarbons, halons or any other damaging substances, unless unavoidable, in which case the Authority shall be notified in advance of their use. The Grant Recipient shall endeavour to reduce fuel emissions wherever possible.

17.5. The Grant Recipient shall take all possible actions to source Biosecure Planting Stock, to reduce the risk of introducing or spreading harmful plant pests and diseases.

17.6. Except where the Authority has expressly approved an exemption, where applicable to the Grant Recipient (depending on Commencement Date of their Grant Agreement - see THP Scheme Manual), the Grant Recipient shall only source and plant stock from nurseries that can provide evidence they meet the requirements set out in the Plant Health Management Standard, which is available at Plant Health Management Standard.

18. Insurance

18.1. The Grant Recipient will during the term of the Funding Period and for five (5) years after termination or expiry of these Conditions, ensure that it has and maintains, at all times adequate insurance with an insurer of good repute to cover any claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with the Funded Activities or the Grant Funding Agreement.

18.2. The Grant Recipient will upon request produce to the Authority its policy or policies of insurance or where this is not possible, a certificate of insurance issued by the Grant Recipient’s insurance brokers confirming the insurances are in full force and effect together with confirmation that the relevant premiums have been paid.

18.3. Where the Grant Recipient receives more than fifty per cent of the Grant Recipient’s total income from public funds, the Grant Recipient will notify the Authority. The Authority will review the nature of the control of Grant Recipient’s organisation to determine any resulting requirement for reclassification which may in turn change the insurance requirements under the Grant Funding Agreement.

19. Assignment, Succession and Novation

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

19.2. The Grant Recipient shall notify the Authority if there is a change affecting any part of the Land which could prejudice the carrying out of the Funded Activities, including (without limitation) changes to any lease or tenancy, grant of a new leasehold interest over the whole or part of such Land, permanent boundary changes, grant of a licence or any contractual interest in the Land, acquisition of any new land or a Succession (“Notifiable Change”) no later than three (3) months of the Notifiable Change taking place.

19.3. With the prior written agreement of the Authority and at its sole discretion, the Grant Recipient may novate this Grant Funding Agreement to a Successor pursuant to a Novation Agreement (Novation), within twelve (12) months) of completion of a Succession, such Novation at all times to be subject to paragraph 24. The Grant Recipient acknowledges and agrees that if a Succession occurs and a Novation Agreement executed by the Grant Recipient and the Successor is not received by the Authorised Representative on or before twelve (12) months after the Succession for any reason, the Authority may exercise its discretion to recover the full amount of the Grant and any other sums actually received by the Grant Recipient pursuant to this Agreement and to terminate this Agreement in accordance with paragraph 24.

19.4. The Authority’s form of Novation Agreement shall be used for any Novation of this Grant Funding Agreement.

19.5. From and including the date of the Novation, the Grant Recipient agrees that it shall not be entitled to any further Grant on areas of Land subject to the novation under the terms of this Grant Funding Agreement; and if a breach of any requirement of this paragraph occurs, the Authority may exercise its discretion to recover from the Grant Recipient the full sums Grant received by the Grant Recipient pursuant to the terms of this Grant Funding Agreement and to terminate this Grant Funding Agreement in accordance with paragraph 24.

20. Losses, gifts and Special Payments

20.1. The Grant Recipient must obtain prior written consent from the Authority before:

(i) writing off any debts or liabilities;

(ii) offering to make any Special Payments; and

(iii) giving any gifts,

in connection with this Grant Funding Agreement.

20.2. The Grant Recipient will keep a record of all gifts, both given and received, in connection with the Grant or any Funded Activities.

21. Borrowing

21.1. The Grant Recipient must obtain prior written consent from the Authority before:

(i) borrowing or lending money from any source in connection with the Grant Funding Agreement; and

(ii) giving any guarantee, indemnities or letters of comfort that relate to the Grant Funding Agreement, or have any impact on the Grant Recipient’s ability to deliver the Funded Activities set out in the Grant Funding Agreement.

22. Publicity

22.1. The Grant Recipient gives consents 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 7.2 of these Conditions.

22.2. 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.

22.3. The Authority consents to the Grant Recipient carrying out any reasonable publicity about the Grant and the Funded Activities as required, from time to time.

22.4. 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.

22.5. 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.

22.6. 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.

23. Changes to the Authority’s requirements

23.1. The Authority will notify the Grant Recipient of any changes to their activities, which are supported by the Grant.

23.2. The Grant Recipient will accommodate any changes to the Authority’s needs and requirements under these Conditions.

24. Clawback, events of default, termination and rights reserved for breach and termination

Events of Default

24.1. The Authority may exercise its rights set out in paragraph 24.3 if any of the following events occur:

(i) the Grant Recipient uses the Grant for a purpose other than the Funded Activities;

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

(iii) where delivery of the Funded Activities does not occur within the financial year within which the Grant Recipient is due to claim payment and the Grant Recipient fails to provide the Authority with a satisfactory explanation for the delay, or failed to agree a new date on which the Funded Activities shall start with the Authority;

(iv) the Grant Recipient uses the Grant for Ineligible Expenditure;

(v) the Grant Recipient fails, in the Authority’s opinion, to make satisfactory progress with the Funded Activities and in particular, with meeting the Agreed Outputs set out in the Application Form;

(vi) the Grant Recipient fails to:

(a) submit an adequate Remedial Action Plan to the Authority following a request by the Authority pursuant to paragraph 24.3 (iv); or

(b) improve delivery of the Funded Activities in accordance with the Remedial Action Plan approved by the Authority;

(vii) the Grant Recipient is, in the opinion of the Authority, delivering the Funded Activities in a negligent manner (in this context negligence includes but is not limited to failing to prevent or report actual or anticipated fraud or corruption);

(viii) the Grant Recipient fails to declare Duplicate Funding;

(ix) the Grant Recipient receives 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;

(x) the Grant Recipient provides the Authority with any materially misleading or inaccurate information and/or any of the information provided in their grant application or in any subsequent supporting correspondence is found to be incorrect or incomplete to an extent which the Authority considers to be significant;

(xi) the Grant Recipient commits or has committed a Prohibited Act or fails to report a Prohibited Act to the Authority, whether committed by the Grant Recipient, its Representatives or a Third Party, as soon as they become aware of it;

(xii) the Authority determines (acting reasonably) that the Grant Recipient or any of its Representatives has:

(a) acted dishonestly or negligently at any time during the term of the Grant Funding Agreement and to the detriment of the Authority; or

(b) taken any actions which unfairly bring or are likely to unfairly bring the Authority’s name or reputation and/or the Authority into disrepute. Actions include omissions in this context;

(c) transferred, assigns or novates the Grant to any Third Party without the Authority’s consent;

(d) failed to act in accordance with the Law; howsoever arising, including incurring expenditure on unlawful activities;

(xiii) the Grant Recipient ceases to operate for any reason, or it 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;

(xiv) the Grant Recipient 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;

(xv) the European Commission or the Court of Justice of the EU 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;

(xvi) 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 obligations under the Trade and Co-operation Agreement or the terms of any UK subsidy control legislation;

(xvii) 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 32.2;

(xviii) the Grant Recipient breaches any of the Conditions under paragraph 19 regarding Assignment, Succession/Novation and Notifiable Changes;

(xix) if in the opinion of the Authority, the Land subject of the Funded Activities have not achieved Tree Establishment by the end of the Obligation Period;

(xx) the Grant Recipient undergoes a Change of Control which the Authority, acting reasonably, considers:

(a) will be materially detrimental to the Funded Activities and/or;

(b) the new body corporate cannot continue to receive the Grant because they do not meet the Eligibility Criteria used to award the Grant to the Grant Recipient;

(c) the Authority believes that the Change of Control would raise national security concerns and/or;

(d) the new body corporate intends to make fundamental change(s) to the purpose for which the Grant was given.

24.2. Where the Authority determines that an Event of Default has or may have occurred, the Authority shall notify the Grant Recipient to that effect in writing, setting out any relevant details, of the failure to comply with these Conditions or pertaining the Event of Default, and details of any action that the Authority intends to take or has taken.

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

24.3. Where, the Authority determines that an Event of Default has or may have occurred, the Authority shall take any one or more of the following actions:

(i) suspend or terminate the payment of Grant for such period as the Authority shall determine; and/or

(ii) 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

(iii) require the Grant Recipient to repay the Authority the whole or any part of the amount of Grant previously paid to the Grant Recipient. Such sums shall be recovered as a civil debt; and/or

(iv) give the Grant Recipient an opportunity to remedy the Event of Default (if remediable) in accordance with the procedure set out in paragraphs 24.7 to 24.13;

(v) terminate the Grant Funding Agreement.

24.4. If any sum becomes repayable under paragraph 24 of the Grant Funding Agreement, it shall be treated as a debt owing by the Grant Recipient to the Authority until such time as the outstanding amount is repaid. A recovery order will be issued to the Grant Recipient specifying the amount to be repaid and the date by which repayment must be made.

24.5. If the Grant Recipient fails to make a repayment within 60 days of the date of the relevant recovery order, the Authority reserves the right to charge interest on the outstanding debt at a daily rate equivalent to the Bank of England base rate plus 1%.

24.6. Where any sum is repayable under the Grant Funding Agreement and the Grant Recipient has failed to repay the outstanding amount within the period specified in the recovery order, the Authority reserves the right, at its absolute discretion, to deduct the outstanding debt from future payments due to the Grant Recipient under this Grant Funding Agreement and any other agreement the Authority may have with the Grant Recipient, or to terminate the Grant Funding Agreement in accordance with 24.3.(v).

Opportunity for the Grant Recipient to remedy an Event of Default

24.7. Where the Grant Recipient is provided with an opportunity to submit a draft Remedial Action Plan in accordance with paragraph 24.3.(iv) the draft Remedial Action Plan shall be submitted to the Authority for approval, within fifteen (15) Working Days of the Grant Recipient receiving notice from the Authority.

24.8. The draft Remedial Action Plan shall set out:

(i) full details of the Event of Default; and

(ii) the steps which the Grant Recipient proposes to take to rectify the Event of Default including timescales.

24.9. On receipt of the draft Remedial Action Plan and as soon as reasonably practicable, the Authority will submit its comments on the draft Remedial Action Plan to the Grant Recipient.

24.10. The Authority shall have the right to accept or reject the draft Remedial Action Plan. If the Authority rejects the draft Remedial Action Plan, the Authority shall confirm, in writing, the reasons why they have rejected the draft Remedial Action Plan and will confirm whether the Grant Recipient is required to submit an amended Remedial Action Plan to the Authority.

24.11. If the Authority directs the Grant Recipient to submit an amended draft Remedial Action Plan, the Parties shall agree a timescale for the Grant Recipient to amend the draft Remedial Action Plan to take into account the Authority’s comments.

24.12. If the Authority does not approve the draft Remedial Action Plan the Authority may, at its absolute discretion, terminate the Grant Funding Agreement.

24.13. The Authority shall not by reason of the occurrence of an Event of Default which is, in the opinion of the Authority, capable of remedy, exercise its rights under either paragraph 24.3 (iii) or 24.3.(iv) unless the Grant Recipient has failed to rectify the default to the reasonable satisfaction of the Authority.

General termination rights – termination for convenience

24.14. Notwithstanding the Authority’s right to terminate the Grant Funding Agreement pursuant to paragraph 24.3 above, the Authority may terminate the Grant Funding Agreement at any time by giving at least three (3) months written notice to the Grant Recipient.

24.15. In all other cases if the Grant Recipient seeks to terminate or withdraw from this Grant Funding Agreement without fulfilling its obligations thereunder, or without novating this Grant Funding Agreement to a Successor in accordance with paragraph 19, the Authority reserves its legal rights and its right to seek to reclaim all sums provided to the Grant Recipient under this Grant Funding Agreement.

24.16. If the Authority terminates the Grant Funding Agreement in accordance with paragraph 24.3 the Authority may choose to pay the Grant Recipient’s reasonable costs in respect of the delivery of the Funded Activities performed up to the termination date. Reasonable costs will be identified by the Grant Recipient and will be subject to the Grant Recipient demonstrating that they have taken adequate steps to mitigate their costs. For the avoidance of doubt, the amount of reasonable costs payable will be determined solely by the Authority.

24.17. 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.

24.18. Expiry or termination of the Grant Funding Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of expiry or termination which existed at or before the date of expiry or termination.

Change of Control

24.19. 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, any in any case within 30 days of completion of the Change of Control, provided such notification does not contravene any Law.

24.20. The Grant Recipient shall ensure that any notification made pursuant to paragraph 24.20 shall set out full details of the Change of Control including the circumstances suggesting and/or explaining the Change of Control.

24.21. Where the Grant Recipient has been awarded to a Group under a Group Application, the notification required under paragraph 24.19 shall include any changes to the Group members (each a Grant Recipient) as well as the Lead Facilitator.

24.22. Following notification of a Change of Control the Authority shall be entitled to exercise its rights under paragraph 24.1 and 24.3 of these Conditions and will provide the Grant Recipient with notification of its proposed action in writing within three (3) months of:

(i) being notified in writing that a Change of Control is anticipated or is in contemplation or has occurred; or

(ii) where no notification has been made, the date that the Authority becomes aware that a Change of Control is anticipated or is in contemplation or has occurred.

24.23. The Authority shall not be entitled to terminate this Grant Funding Agreement where an approval for the Change of Control was granted by the Authority to the Grant Recipient prior to the Change of Control.

25. Variation

25.1. The Authority reserves the right to vary or amend this Grant Funding Agreement, the amount of Grant funding and its Conditions. Any variation will be effected in writing and notified to the Grant Recipient in advance. The Authority shall endeavour to give such notice as is reasonable and proportionate, having regard to the nature of the variation and its consequences to the Grant Recipient.

26. Severability

26.1. If any term, condition or provision of the Grant Funding Agreement is held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will not affect the validity, legality and enforceability of the other provisions or any other documents referred to in the Grant Funding Agreement.

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 fifteen (15) 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. Waiver

28.1. No failure or delay by either Party to exercise any right or remedy under the Grant Funding Agreement shall be construed as a waiver of any other right or remedy.

29. Dispute resolution

29.1. Any dispute arising between the Parties or any complaint or appeal by the Grant Recipient concerning the Authority’s actions in connection with the Grant Funding Agreement shall be resolved according to the Authority’s actions complaint procedure. Information on this process can also be obtained from The Executive Office, England National Office, 620 Bristol Business Park, Coldharbour Lane, Bristol, BS16 1EJ, Tel:03000674000 or email nationalenquiries@forestrycommission.gov.uk.

30. Limitation of liability

30.1. The Authority accepts no liability for any consequences, whether direct or indirect, that may come about from the Grant Recipient delivering/running the Funded Activities, the use of the Grant or from withdrawal, withholding or suspension of the Grant. The Recipient shall indemnify and hold harmless the Authority, its Representatives with respect to all actions, claims, charges, demands Losses and 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 Funding Agreement or its obligations to Third Parties.

30.2. Subject to this paragraph 30, the Authority’s liability under this Grant Funding Agreement is limited to the amount of Grant outstanding.

30.3. The Grant Funding Agreement shall not create any partnership or joint venture between the Authority and the Grant Recipient, nor any relationship of principal and agent, nor authorise any party to make or enter into any commitments for or on behalf of the other party.

31. VAT

31.1. If VAT is held to be chargeable in respect of the Grant Funding 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.

31.2. 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 HMRC in addition to such sums, or other consideration, pay to HMRC all the VAT so payable upon the receipt of a valid VAT invoice.

32. Code of Conduct for Grant Recipients

32.1. The Grant Recipients acknowledges that by signing the Grant Funding Agreement it agrees to take account of the Code of Conduct, which includes ensuring that its Representatives undertake their duties in a manner consistent with the principles set out in the Code of Conduct.

32.2. The Grant Recipient shall immediately notify the Authority if it becomes aware of any actual or suspected breaches of the principles outlined in the Code of Conduct.

32.3. The Grant Recipient acknowledges that a failure to notify the Authority of an actual or suspected breach of the Code of Conduct may result in the Authority immediately suspending the Grant funding, terminating the Grant Funding Agreement and taking action to recover some or all of the funds paid to the Grant Recipient as a civil debt in accordance with paragraph 24.1. (xvii).

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

(i) comply with requirements of the Branding Manual in relation to the Funded Activities; and

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

33. Notices

33.1. All notices and other communications in relation to this Grant Funding 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 referred to in the Application Form or otherwise notified in writing. All notices and other communications must be marked for the attention of as specified in the Application Form. If personally delivered or if emailed 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.

34. Governing law

34.1. These Conditions will be governed by and construed in accordance with the law of England and the Parties irrevocably submit to the exclusive jurisdiction of the English courts.

Annex 1 - THP Scheme Manual

Subject to paragraph 2.3 of the Grant Funding Agreement, the Tree Health Pilot Scheme Manual (“THP Scheme Manual”) full terms and conditions shall apply to this Grant Funding Agreement.

Annex 1A – THP Group Applicants and Lead Facilitator Guide

Subject to paragraph 2.3 of the Grant Funding Agreement, only where applicable, in the case of Group Applications, the Tree Health Pilot Group Applicants and Lead Facilitator Guide (“THP Group Applicants and Lead Facilitator Guide”) full terms and conditions shall apply to this Grant Funding Agreement. The Lead Facilitator Guide is accessible on request from thpilotenquiries@forestrycommission.gov.uk.

Annex 1B – THP Claim Form

Subject to paragraph 2.3 of the Grant Funding Agreement, the Tree Health Pilot Claim Form (“THP Claim Form”) full terms and conditions shall apply to this Grant Funding Agreement.

Annex 2 – Funded Activities

1. Background and purpose of the Grant

1.1. The Tree Health Pilot expands on support available through the existing Countryside Stewardship Woodland Tree Health grant by testing new ways to help people who own or manage trees, to keep trees healthy by stopping the spread of pests and diseases, and maintaining the treescape through resilient restocking after pests and diseases induced tree loss. Learning generated through the pilot will be used to develop future incentives schemes for tree health.

1.2. The Tree Health pilot is funded through Defra’s Future Farming and Countryside Programme and delivered in partnership with the Forestry Commission. The Tree Health Pilot delivers on the Agricultural Transition Plan 2020, supporting the commitment to the 25 Year Environment Plan, the Tree Health Resilience Strategy and the UK’s carbon net zero goals.

1.3. The pilot will be testing funding for two interventions:

(i) felling and treatment of diseased trees to slow the spread of pests and diseases and protect the wider treescape (including hire and purchase of infrastructure, capital items, site surveys and road closures to support this); and

(ii) restocking of trees for resilience to enable treescape recovery.

1.4. Grants are available for people, including groups, who manage trees or woodlands affected by: ash with ash dieback, oak trees affected by oak processionary moth (OPM), larch with Phytophthora ramorum, spruce growing in the high-risk spruce bark beetle (Ips typographus) area, sweet chestnut with Phytophthora ramorum or sweet chestnut blight, in the following regions of England:

• North West, primarily targeting Arnside and Silverdale Area of Outstanding Natural Beauty (AONB) and the Lake District National Park.

• South East and London, primarily targeting Kent and East Sussex

• West Midlands, primarily targeting the Malvern Hills AONB and Shropshire Hills AONB.

2. Funded Activities

2.1. THP will fund the following Capital Items and or Activities to fell, treat and restock trees, paid for as Standard Cost, Actual Cost or Maximum Rate Cap at the relevant Intervention Rate, more below and detailed in the THP Scheme Manual and at Annex 2B:

• felling diseased trees, which covers the costs of cutting down trees, including any temporary infrastructure or access aids required, which can then either be left to waste or removed unless there are specific felling/removal conditions associated with a public notice or other regulations. This felling can be either manual or by machine, as guided by the woodland officer for the circumstance. Where the SPHN explicitly requires destruction of the timber on site (for spruce with Ips typographus or sweet chestnut with sweet chestnut blight), felling can also include chipping and burning.
• chemically killing diseased trees.
• restocking and capital items to replace trees that you’ve felled because they have pests or diseases – your restocking plans, for example the species and planting density used, must comply with the UKFS and any felling licence conditions.
• Permanent infrastructure, under the ‘THP infrastructure improvement grant’ for example to improve access to trees, so you can fell and remove them.
• biosecurity items to stop pests and diseases being transferred, for example a pressure washer to clean vehicles and equipment.
• biosecurity advice and training to support actions required and access to funding by SPHN recipients.
• road closure costs and protected species site surveys, if you’re applying for ash with ash dieback only
• Rhododendron control/clearance, if you’re applying for larch under SPHN with Phytophthora ramorum only
• SPHN advice and support, funding an agent consultation, the formation of a biosecurity management plan, biosecurity training and a personal biosecurity kit (for SPHN holders affected by larch with Phytophthora ramorum, sweet chestnut with Phytophthora ramorum, sweet chestnut with sweet chestnut blight or spruce with eight-toothed spruce bark beetle (Ips typographus) and within the pilot areas only). Read the SPHN advice package grant funding agreement terms and conditions 2023 for more details.
• Group facilitation and contractor surveying of oak trees affected by Oak Processionary Moth (OPM), supporting a facilitator to bring together a group of people, to better understand the risks and hazards of oak processionary moth on their trees in the Established Area. The facilitator will get financial support and advice to create a group OPM management plan.

2.2. THP will also fund Maintenance Payments for restocked TOW, payable in annual instalments for three (3) years following the date of the Grant payment for the restocking of such trees, as detailed more in Annex 2B.

2.3. THP will also fund Maintenance Payments for restocked trees inside Woodland, payable in annual instalments for five (5) years following the date of the Grant payment for the restocking of such trees, as detailed more in Annex 2B.

2.4. THP will also fund Lead Facilitator Payments which apply to Group Applications only and are paid to the Lead Facilitator to cover the costs of their activities in acting as Lead Facilitator and coordinating a Group’s Funded Activities. The rate of £24 per hour is payable and is capped at £4200 per month, but in the aggregate over the duration of the Grant, the amount payable shall be no higher than the total award payment to the Group. Please note that Lead Facilitator payments are subject to the Authority’s powers under paragraph 24 of this Grant Funding Agreement, including an assessment by the Authority as to the satisfactory progress of the Funded Activities.

Annex 2A – Grant Funding Period

1. Grant Funding Period and End of Funding Dates

1.1. With respect to Capital Item and or Activity Payments associated with felling activities, which means cutting down trees or chemical killing and removal, waste or wood chipping, the Grant Funding Period shall expire 12 months after the Grant Funding Agreement is made or earlier if the Grant Recipient completes the Funded Activities before such date.

1.2. With respect to Capital Item and/or Activity Payments for tree planting activities, to replace trees that you’ve felled because they have pests or diseases, the Grant Funding Period shall expire on the date stated on the Grant Determination letter and in any case not later than 31 March 2025, or earlier if the Grant Recipient completes the Funded Activities before such date.

1.3. With respect to Maintenance Payments for restocked TOW, the Grant Funding Period shall expire a maximum of three (3) years from the date of the payment for the eligible Capital Item or Activity. The Grant Recipient is not obliged to apply for or receive Grant Funding (in the form of Maintenance Payments in respect of any such maintenance. The Grant Recipient, however, is required to maintain such trees beyond the Maintenance Payment period, for a further period of five (5) years, so that the total Obligation Period for the maintenance of such restocked trees towards Tree Establishment is eight (8) years from the payment for the Capital Item or Activity (for example, restocking).

1.4. With respect to Maintenance Payments for restocked trees inside Woodland, the Grant Funding Period shall expire a maximum of five (5) years from the date of the payment for the eligible Capital Item or Activity. The Grant Recipient is not obliged to apply for or receive Grant Funding (in the form of Maintenance Payments in respect of any such maintenance. The Grant Recipient, however, is required to maintain such trees beyond the Maintenance Payment period, for a further period of five (5) years, so that the total Obligation Period for the maintenance of such restocked trees towards Tree Establishment is ten (10) years from the payment for the Capital Item or Activity (for example, restocking).

1.5. With respect to Lead Facilitator Payments, the Grant Funding Period shall expire at the end of the Grant Funding Agreement.

Annex 2B – THP special conditions and eligibility requirements

1. Obligation Period and Maintenance Payments

1.1. The Grant Recipient is required to reasonably maintain any THP funded restocking of trees for the Obligation Period following the date of a Grant payment for an eligible Capital Item and or Activity (for example, newly planted tree(s)), with respect to that Capital Item and or Activity. The Obligation Period for trees inside woodland is set out in 1.3 and for TOW it is set out in 1.4.

1.2. For TOW, for the first three (3) years of the Obligation Period, THP will make available Grant funds to the Grant Recipient for the maintenance costs of restocked trees and for watering and weeding activities to aid survival of newly planted trees, payable in annual instalments. These are known as Maintenance Payments. In order to be eligible for Maintenance Payments during this three year period the Grant Recipient must maintain newly planted trees and replace failed trees where practical and proportionate, to maintain above 75% restocked tree survival rate.

1.3. For trees inside woodland, for the first five (5) years of the Obligation Period, THP will make available Grant funds to the Grant Recipient for the maintenance costs of restocked trees and for watering and weeding activities to aid survival of newly planted trees, payable in annual instalments. These are known as Maintenance Payments. In order to be eligible for Maintenance Payments during this five-year period, the Grant Recipient must maintain newly planted trees and replace failed trees where practical and proportionate, to maintain above 85% restocked tree survival rate.

1.4. Maintenance Payments are only available for the first three (3) years of the Obligation Period for TOW even though the Grant Recipient’s obligation to reasonably maintain such trees continues throughout the Obligation Period for a total of eight (8) years from the Grant payment for restocking.

1.5. Maintenance Payments are only available for the first five (5) years of the Obligation Period for trees inside Woodland; even though the Grant Recipient’s obligation to reasonably maintain such trees continues throughout the Obligation Period for a total of ten (10) years from the Grant Payment for restocking.

1.6. When restocking trees, the Grant Recipient should ensure maintenance is in line with UKFS Standards and guidance on maintaining new trees after restocking as on GOV.UK.

1.7. Maintenance Payments include covering costs for the removal of tree guards. Where practicable, landowners are encouraged to recycle these products.

1.8. Maintenance prescriptions for trees inside woodland are as follows:

(i) replace any trees that die, to ensure required stocking density is maintained by year 5 and to ensure canopy closure will be obtained by year 10 after planting;

(ii) use reasonable endeavours to ensure the trees planted as part of the Funded Activities are maintained and become established. This includes weeding, watering and checking trees during multiple visits over a 3-year period;

(iii) ensure all planted trees are kept free from competing vegetation and grazing animals;

(iv) maintain tree protection (fencing, shelters, spiral guards);

(v) ensure the upkeep of tree guards, in an appropriate manner;

(vi) ensure all trees are suitably protected against herbivores, (browsing and bark stripping animals), either individually or collectively, and maintain this protection throughout the Obligation Period;

(vii) avoid using any herbicides if trees are being planted on land next to a watercourse.

1.9. Maintenance prescriptions for TOW are as follows:

(i) replace any trees that die, to maintain above 75% restocked tree survival rate;

(ii) use reasonable endeavours to ensure the trees planted as part of the Funded Activities are maintained and become established. This includes weeding, watering and checking trees during multiple visits over a 3-year period;

(iii) ensure all planted trees are kept free from competing vegetation and grazing animals;

(iv) maintain tree protection (fencing, shelters, spiral guards);

(v) ensure the upkeep of tree guards, in an appropriate manner;

(vi) ensure all trees are suitably protected against herbivores, (browsing and bark stripping animals), either individually or collectively, and maintain this protection throughout the Obligation Period;

(vii) avoid using any herbicides if trees are being planted on land next to a watercourse.

1.10. The Grant Recipient must submit annual maintenance claims, including photographic evidence of maintenance efforts in advance of receiving a Maintenance Payment. Maintenance Payments are subject to providing sufficient evidence of maintenance activities.

1.11. Maintenance Payments will be made upon proof of maintenance works being adequately completed at all sites. Evidence of maintenance will be provided through photos and/or on-site inspections by the Authority.

1.12. The first maintenance claim should be submitted at the end of the first growing season following the submission of the final restocking claim.  This will normally be at the end of October, but claims will be accepted between 15 September and the end of March.

1.13.The subsequent year’s maintenance claims should be submitted at the end of each of the following growing seasons. Claims will be accepted between 15 September and the end of March

1.14. The Grant Recipient is not obliged to apply for or receive Grant funding in the form of Maintenance Payments in respect of the required maintenance and may undertake maintenance at their own cost.

2. Lead Facilitators and Group Applicants

2.1. The Lead Facilitator will act as the key point of contact for all communications or requests to and from FC throughout the Grant period.

2.2. The Lead Facilitator shall be responsible as agent of and administrator of the Group and for the co-ordination and submission of all Group Grant application documents, handling and dissemination of Grant monies, coordination of Funded Activities, submission of Claim Forms, arranging of site visits and inspections, retention of records, monitoring and reporting, and submission of information relating to biosecurity and research, as detailed in the Grant Funding Agreement and THP Group Applicants and Lead Facilitator Guide.

2.3. The Lead Facilitator will submit a signed copy of the THP Grant Funding Agreement, but all Group Applicants should read this document and be aware of its contents.

2.4. The Lead Facilitator shall receive and disseminate Grant funds to the Group Grant Recipients as is detailed in the Claims Form. It is the Lead Facilitator’s responsibility to ensure distribution of funds to all Group Applicants to achieve all Funded Activities.

2.5. When the Grant is funding a Group Application, the Group Grant Recipients accept that payment of Grant will only be made to the Lead Facilitator. It is the responsibility of the Lead Facilitator to transfer funds to the Group Grant Recipients as detailed in the Claims Form and in accordance with this Grant Funding Agreement.

2.6. The Lead Facilitator shall closely monitor the delivery and success of the Funded Activities throughout the Funding Period to ensure that the aims and objectives of the Funded Activities are achieved.

2.7. When entering into the Grant Funding Agreement as a Group, the Group Applicant is accepting that there may be changes to the Group structure if one or more Group Applicants leave the scheme. This may result in the value of payments made to, and distributed amongst, the Group being reduced for certain grant Funded Activities.

3. Research

3.1. During the term of the Agreement, the Grant Recipient(s) will be required to take part in certain activities with Forest Research, Forestry Commission and Defra, as part of evaluating the Tree Health Pilot.

3.2. The Grant Recipient(s) may be asked by the Authority to undertake any of the following activities during the Grant Funding Agreement:

3.2.1. All Grant Recipients will be expected to engage in evaluation activities including questionnaires and keeping some records of activities and experiences.

3.2.2. A smaller sample will be asked to participate in other learning including surveys, workshops, and interviews.

3.3 Grant Recipients are expected to complete evaluation activities at varying periods between February 2022 and end by April 2024, or up to 12 months after the last Capital and or Activity Payment is made, whichever ends later.

4. Grant funded activities

4.1. The Items and Activities applied for as part of your THP Application should align with the recommendations of the THP Woodland Officer; as established during your pre-assessment site visit.

4.2. You cannot use this Grant for capital works which you are required to carry out under other legally binding obligations (including private contractual obligations) or for which you are receiving (or have received) funding from other sources. For example, work might be required as part of a tenancy agreement or grant schemes such as:

(i) England Woodland Creation Offer (ii) Countryside Stewardship Woodland Tree Health Grant

4.3. You must make sure that any work proposed as part of this grant does not breach the conditions of any other agreement. We will carry out Duplicate Funding checks to make sure that capital works are not funded twice from public money.

4.4. The Grant Recipient shall comply with any and all Site-Specific Conditions set by the Authority, including by Woodland Officers, specific to the Land or Woodland subject of the Funded Activities.

4.5. The Grant Recipient undertakes to use the Grant funding to deliver the Funded Activities to the best practice recommendations set out in Annexes 1 and 1A, designed to help the Grant Recipient deliver best practice.

4.6. The Grant Recipient and the Authority may agree to delay the Funded Activities in one-year increments. The Party requesting the extension must make their request in writing, no less than one (1) month before the expiry of the Grant Funding Period. Neither Party shall be under any obligation to agree to an extension requested by the other Party. The extension shall only take effect once it has been confirmed in writing by the Authority.

4.7. The Grant Recipient acknowledges and agrees that if the tree restocking does not achieve Tree Establishment by the expiry of the Obligation Period, the Authority reserves its right to reclaim all sums made to the Grant Recipient under the Grant pursuant to paragraph 24.

4.8. Grant Recipients/s have Management Control of the Land subject of the Funded Activities and will retain such management control throughout the period that this Grant Funding Agreement remains in effect.

4.9. The Authority reserves the right to carry out inspections of the Land at any time to observe the growth of tree re-planting and to check that conditions across the Land remain suitable for Tree Establishment and to ensure any Capital Items are in place and being maintained at any time during the Obligation Period. The results of this inspection may lead the Authority to exercise its rights set out in paragraph 24.3 and extend or suspend the period for payment for further funding.

4.10. Where THP funded tree restocking has occurred in woodland areas the Grant Recipient acknowledges and agrees that under the Forestry Act 1967, as amended, current policy in England states that conversion of woodland or forest to other land uses shall not occur except in exceptional circumstances.

4.11. Grant funding for restocking and Capital Items is subject to an overall cap as detailed in the THP Scheme Manual (Annex 1).

4.12. Where a felling licence is required, felling actions funded in the pilot scheme must be compliant with the licence conditions. Funded Activities must also comply with any relevant outbreak notices, for example restrictions on the handling of felled spruce within the demarcated area. It is the Grant Recipient’s responsibility to stay up to date and ensure compliance with any outbreak notices.

4.13. The Applicant will be paid based on costs incurred for undertaking grant funded activities. Any VAT which grant recipients cannot recover from HMRC can be included in their THP application and claim(s).

4.14. For Group Applications, Lead Facilitators must consider the VAT status of individual Group Applicants where relevant and submit costs accordingly.

5. Tree Health Pilot payment approaches and evidence requirements

5.1. There are three types of payment approaches across the THP funded activities listed in Annex 2; Standard Costs, Actual Costs and Maximum Rate Cap.

5.2. Intervention Rates apply to Actual Costs and Maximum Rate Cap activities and items, meaning that the Grant payment may not cover 100% of the Applicant’s costs.

5.3. Intervention Rates are dependent on the type of Grant funded activity, individual or Group Application. Rhododendron clearance has a 100% Intervention Rate. Felling, chemical treatment and temporary infrastructure have an 80% Intervention Rate. Permanent infrastructure, i.e. ‘infrastructure improvement’ items have a 40% Intervention Rate. Biosecurity items have a 60% Intervention Rate for hired items and 40% Intervention Rate for permanent/purchased items. THP Intervention Rates are set out in the THP Scheme Manual (see Annex 1).

Standard Costs

5.4. For Items and Activities payable on a Standard Cost basis, the Items and Activities will be funded at the specified rate, detailed in the application form and based on national averages, regardless of the cost to the Applicant. They may therefore not cover 100% of the Applicant’s costs. Some Standards Costs already have an Intervention Rate applied and may therefore not cover 100% of The Applicant’s costs.

Actual Costs

5.5. For Items and Activities payable on an Actual Cost basis, the actual costs are taken from the quotes submitted with your application. Should your application be successful, the appropriate Intervention Rate(s) will be applied, resulting in the Maximum Sum set out in your Grant Offer Letter. The Intervention Rates vary depending on factors such as the type of works and whether an item or service is being bought or hired.

5.6. Actual Cost Items and Activities require Authority approval and a specified number of quotes to be submitted with your application.

5.7. The Actual Cost you enter in the application form should be the lowest quote that you have sourced, unless agreed by the Authority. You do not have to use the contractor that has provided the lowest quote; however, we will only fund the quote agreed, and you will need to pay the difference in cost incurred if using an alternative.

5.8. For Actual Cost Items and Activities, the Authority will fund the Intervention Rate of the incurred expenditure, as evidenced by the claim, up to the Maximum Sum set out in the Grant Offer Letter.

Maximum Rate Cap

5.9. The Maximum Rate Cap payment approach is for the felling and chemical killing of trees (including temporary infrastructure and access items to aid these activities) as well as permanent infrastructure improvement; and is auto-calculated within the THP application form using;

(i) the felling volume estimate provided by an agent or forestry professional multiplied by the Maximum Rate Cap of £50 per cubic metre for larch and sweet chestnut or £80 per cubic metre for spruce (for felling and temporary infrastructure and access items);

(ii) the number of trees to be chemically killed, multiplied by the Maximum Rate Cap of £8 per tree for stem for injection with powdered glysophate capsules, for example, EcoPlug or £4 per tree for surface treatment ‘Cut & Spray’ with liquid glysophate;

(iii) a linear metre estimate for track or road building, provided by an agent or forestry professional, multiplied by the Maximum Rate Cap of £100 per linear metre (for permanent infrastructure improvement);

(iv) a square metre estimate for other areas/facilities, for example, stacking bays, turnarounds, bell mouths, etc, provided by an agent or forestry professional, multiplied by the Maximum Rate Cap of £30 per square metre (for permanent infrastructure improvement).

5.10 Grant Recipients making a claim under Maximum Rate Cap will be able to claim for their actual costs incurred for the felling operation up to a Maximum Rate Cap (set in advance by FC with reference to market rates) as indicated in their Grant Offer Letter, less the value of the timber produced from the felling operation. That figure will also have an Intervention Rate applied as set out in paragraphs 5.3, 5.14 and 5.15.

5.11. For Maximum Rate Cap felling activities, you do not need to submit multiple quotes as part of your application. However, a felling volume estimate and a linear metre and/or square metre estimate for any permanent infrastructure improvements must be provided by a forestry professional in order to calculate your maximum agreement value. This may be provided by submitting either:

a) a single quote from a contractor, requesting that the contractor include their estimate and calculations within the drafted quote;

OR

b) an accurate estimate (i.e. a mensuration or tariff, including calculations) from a forestry/land agent.

5.12. The Maximum Rate Cap payment approach negates the requirement for three quotes at the point of application for felling operations. However, evidence of incurred expenditure, as well as evidence of income generated from the sale of timber products are required at the point of claim to calculate your actual financial costs (see paragraphs 5.17 - 5.22).

5.13. At the point of claim, the Authority will use the evidence submitted to establish the final economic status of the application site. Income generated from the sale of your timber will be deducted from the incurred expenditure resulting from the felling operation and any associated infrastructure improvements.

5.14. Should the application site prove to be economical, i.e. the income generated from felling operations exceeds the actual costs incurred; THP grant funding will not be awarded.

5.15. At the point of claim, your actual costs for Maximum Rate Cap activities will be subject to the appropriate Intervention Rate(s) set out at paragraph 5.3 and you will be paid this value, up to the Maximum Rate Cap set out in your Grant Offer Letter.

5.16. If the value of the actual costs incurred by the Grant Recipient for Maximum Rate Cap activities, with the Intervention Rate(s) applied, exceeds the Maximum Rate Cap value as set out in the Grant Offer Letter, any excess costs must be funded by the Grant Recipient.

Evidence requirements at the point of claim

5.17. At the point of claim, the Applicant shall provide photographic evidence of all Standard Cost, Actual Cost and Maximum Rate Cap Items and Activities being claimed for.

5.18. At the point of claim, the applicant shall also provide evidence of incurred expenditure, in the form of invoices and receipts, for all Actual Cost and Maximum Rate Cap Items and Activities being claimed for.

5.19. At the point of claim, for Maximum Rate Cap Items and Activities, the invoices submitted should include:

(i) for felling, the volume of timber felled, in cubic metres

(ii) for chemical killing, the number of trees chemically killed and the method used (such as injection with powdered glyphosate capsules, for example, EcoPlug or surface treatment ‘Cut & Spray’ with liquid glyphosate)

(iii) for track or road building under the permanent infrastructure grant, the length of the track or road, in linear metres

(iv) for other areas and facilities under the permanent infrastructure grant, for example stacking bays, turnarounds, bell mouths, the area in square metres

5.20. At the point of claim, the Applicant must submit evidence of any income generated from felling operations.

5.21. At the point of claim, the Authority will request justification for why timber was not sold in order to recover costs, where applicable.

5.22. At the point of claim, the Authority will use internal checks to ensure that the income generated from the sale of any timber products is market appropriate.

5.23. At the point of claim, evidence of incurred expenditure is not routinely required for any Standard Costs Items or Activities. However, invoices must be retained and provided to the Authority upon request. See paragraph 8.4 ‘Retention of Documents’ in the Tree Health Pilot Grant Funding Agreement. Where invoices are not available, the Applicant must retain justification of why this evidence is missing (for example, bulk purchase or where work completed themselves etc.)

6.Additional Grant Eligibility Criteria

6.1. The Grant Recipient acknowledges and agrees that the following additional Eligibility Criteria apply to this Grant Funding Agreement:

6.1.1. The total gross area of Land subject of the Grant is solely within England, even if the Grant Recipient’s initial or wider application included land outside of England. Any part of the Grant Recipient’s application that is for land not within England is not eligible for funding under the Grant Funding Agreement;

6.1.2. The minimum value of a Grant application must be £500.

6.1.3. The Land subject of the Grant is not subject to grant funding from other sources for the Funded Activities at the time of the Commencement Date;

6.1.4. The Grant Recipient’s proposal to plant trees is not a requirement to mitigate the impacts of development under a planning consent;

6.1.5. The Land subject of the Grant is Eligible Land and that there are no legal or other restrictions affecting the Eligible Land which prevent the completion of the Funded Activities;

6.1.6. THP grant support for ash with ash dieback is available for Group Applications only (group already formed or willing to form a group). Group members should be situated on the same stretch of road and/or adjacent area (can be multiple roads in same area). A single road closure/traffic management operation should cover everyone in the group to minimise disturbance and ensure collaboration.

6.1.7. THP grant support is available for roadside ash and ash along all public access routes. Ash trees away from public highways or public access routes are not eligible for any THP ash grants, for example, site survey and restocking.

For unpaved roads or public access routes, for example, footpaths and bridleways, the applicant can choose the method of risk mitigation – for example, footpath closure or banksmen, under the ‘road closure/traffic management’ grant.

6.1.8. Higher Tier Local Authorities are not eligible to apply to the Tree Health Pilot as a Group Applicant, but may act as the Lead Facilitator of a Group Application.

6.1.9. When acting as the Lead Facilitator of a Group Application for ash with ash dieback, Higher Tier Local Authorities are eligible for the Tree Health Pilot restocking grant.

6.1.10. Lower Tier Local Authorities are eligible to apply to the Tree Health Pilot as a Group Applicant (for ash with ash dieback only).

6.2. Applications for permanent infrastructure, biosecurity capital items and the SPHN advice package will only be granted funding where these will be used to support tree health actions (felling, treatment, extraction, restocking).

6.3. Applicants issued with a Statutory Plant Health Notice (SPHN) must not undertake funded activities that conflict with the conditions of an SPHN.