Changes to T&Cs
All existing EU agri-environment agreements moved to domestic (UK) T&Cs (Terms and Conditions) on 1 January 2023.
The move allows for a simplification of the schemes which in turn will help to create greater flexibility and opportunities for agreement holders, an ask the NFU has continued to lobby for. These flexibilities are outlined below.
A summary of the main changes to the T&Cs is available on GOV.UK for each scheme:
- Environmental Stewardship agreements: addendum to terms and conditions | GOV.UK
- Countryside Stewardship agreements: modified terms and conditions GOV.UK
Flexibilities
Site visits and administrative checks
There is greater flexibility to the RPA's approach to site visits (previously called inspections) and administrative checks.
This includes a longer notice period given to agreement holders before a site visit and in some cases virtual site visits.
The field officers (previously called inspectors) will take a new supportive and farmer focused approach. More information about this approach can be found on this RPA blog: RPA’s new supportive, partnership-based approach to visits | GOV.UK
Breaches, repayments, and penalties
Where there is a difference between what is being delivered in the agreement and what is being claimed the RPA, following checks, will recover any difference.
If the RPA has already paid the agreement holder, they will recover the difference.
Additional penalties however will not be applied but reductions will still apply to late payment claims.
There will be no payment recovery for exiting an agreement early and entering another environmental scheme.
HLS extensions
The RPA is offering up-to four-year extensions to eligible HLS agreements expiring in 2024. Defra has announced its intention to retire HLS agreements and encourage their transition to SFI or CS. The final HLS agreements will expire in 2028.
Eligibility for the extensions is assessed by Natural England. It is expected that the majority of extensions expiring in 2023 will be eligible.
The RPA will be in contact with agreement holders whose HLS expires in 2024; in many cases extension offers are already being sent out. The extension offer will run from the end date of the agreement and will be like-for-like. Options or land cannot be removed, replaced, or added.
The RPA have confirmed that if a scheme breach is identified in the extension period, any recoveries will only be applied back to the start of the new extension.
If you receive an extension offer you should consider whether there have, or will be, any changes to your circumstances including if current consents or arrangements expire during the extension period. If you would like to proceed with the extension, you will need to accept the extension and provide up-to-date consents (e.g. SSSI) and supporting documents.
Agreement holders requiring a shorter extension period should contact the PRA.
You can find more information on HLS agreement extensions at: GOV.UK | Higher Level Stewardship 2024: agreement extensions.
If you think you're eligible, but haven't received an offer, or you change your mind, you can contact the RPA by emailing [email protected] before your current agreement expires. If you're not eligible, the RPA and/or Natural England will you know in time to apply for a new scheme.
Transferring between schemes
The ability to move between agreements is another one of the flexibilities created as a result of existing EU agri-environment agreements moving to domestic T&Cs from 1 January 2023.
Agreement holders can now leave an agri-environment agreement early if they are successfully accepted onto another environmental scheme that provides as a minimum equivalent environment management.
Currently, there is no formal process to enable transfers between schemes such as HLS and CS to SFI. The NFU is lobbying the new government for arrangements to be put in place and guidance to be issued.
Defra intends to introduce an automatic process next year. If you do want to undertake a transfer before the automatic process is in place, please contact the RPA. This will be a more bureaucratic process.
The NFU understands that for the agreement you are leaving you will be paid until the last complete agreement year. If you leave part way through the agreement year, you will not be paid for the part-year. The new agreement will not need to have the equivalent options in it.
Agreement co-locating
The block preventing more than one agreement in a parcel has been removed.
A CS revenue application (Higher Tier, Mid-Tier...) can be submitted for any unused land in a land parcel with an existing HLS or CS agreement on.
It is possible to have a SFI agreement on the same land as long as you’re not being paid twice for the same activity.
This allows multiple agreements on the same land parcel as long as there is no overlap. Agreements would essentially sit side by side.
Further key updates:
CS option GS4 on land parcels containing an historic feature
Following NFU lobbying CS option GS4 (legume and herb-rich swards) can now be offered on land parcels that contain a historic feature, as long as the option is not on the historic or archaeological feature and there is a suitable buffer area.
Stacking CS/ES/HLS and the SFI
Defra will not allow payment for the same action twice. Some of the scheme actions are however different, this means that some options and agreements can be stacked in the same area. Interaction between an SFI agreement and CS depends on the standard and type of agreement (revenue or capital).
More information about how SFI interacts with CS/ES/HLS can be found at GOV.UK | How an SFI standards agreement interacts with other funding schemes.
Defra is aiming for a single integrated online service where farmers can select the combination of actions across SFI and CS that work for them.
