Rural Payments Agency
This guidance is general advice for any farmer and land manager whose land has been affected by the recent extreme temperatures.
The guidance below covers the following schemes and services:
- Basic Payment Scheme (BPS)
- Countryside Stewardship (CS)
- Environmental Stewardship (ES)
- Sustainable Farming Incentive (SFI)
- Sustainable Farming Incentive (SFI) Pilot
- Farm Woodland Premium/English Woodland Grant Scheme
- keeping farm animals and horses in extreme weather
- cross compliance.
If you think the heat will affect your ability to meet your agreement requirements or change the area eligible for a scheme in place you should contact the Rural Payments Agency (RPA), using the details below, at the earliest opportunity. Please provide RPA with detail about the issue including the date and time that it occurred.
Temporary changes and minor change requests
Defra has approved temporary requirement adjustments to some CS and ES options due to the extreme challenges that farmers are facing this year. The Hot and dry weather: temporary support for farmers in 2022 page explains what you need to do to adjust these requirements. The options with temporary adjustments document lists the approved options.
If you cannot meet the option requirements for an option which is not on this list, you can request a minor and temporary adjustment to those requirements.
Read more information about this for CS and ES.
Once you have filled in the form, you can either post the form to RPA, or you can scan it then email it using the subject title Adjustment Request, the scheme you need to request an adjustment for, and your Agreement Number.
Permanent changes and force majeure requests
If the impact of heat is more serious and permanent, you should notify RPA and consider requesting force majeure. This is where you are unable to meet scheme requirements or agreement obligations due to exceptional and unforeseeable circumstances outside your control.
ForBPS, the impact could be regarded as more serious and permanent if the land can no longer be considered as eligible forBPSand no longer meets the land eligibility criteria.
ForESagreements, andCS agreements starting before 1 January 2021, the impact may result in a permanent change to the agreement land and/or land features meaning that you can no longer manage the land according to the requirements of the options in your agreement.
If the effects of heat change your land permanently, you should check whether you need to make corresponding changes to your digital maps (see our guidance on how to make such changes) and it is important you let RPA know if this will change the areas able to be managed underES,CSor a Woodland scheme, or change theBPSeligible area.
How to request force majeure
For requests concerningESagreements, andCSagreements starting before 1 January 2021, you must send your email or letter within 15 working days of being in a position to do so. This is not necessarily 15 working days from the force majeure event itself.
You will need to prove that, despite taking every care that could have been expected of you, the exceptional circumstances prevented you from meeting your obligations.
Your evidence should include details of the actions taken with an explanation of the events and the dates they occurred.
How to notify us of a change in circumstances
ForBPS2022 applications, andCSagreements starting from 1 January 2021 or later, you must email or write to RPA using the subject title Extreme heat 2022, your SBI and, forCS, your agreement reference.
If you are unable to meet your requirements under your agreement, you must send your email or letter within 8 weeks of being in a position to do so. You will need to provide written evidence to show:
- what has happened
- how the event meant you were unable to meet the scheme rules.
Sustainable Farming Incentive (SFI)
Where there is a change of circumstances, you will need to contact RPA as soon as reasonably practicable. For more information, read the Checking progress of your SFI standards agreement section relating to change of circumstances in the SFIguidance.
Sustainable Farming Incentive (SFI) pilot
Where there is a change of circumstances, you will need to contact RPA as soon as reasonably practicable. For more information, read the Piloting the Sustainable Farming Incentive: monitoring guidance.
Keeping farm animals and horses in extreme weather
Read about how to care for animals during extreme weather.
Other cross compliance requirements
For there to be a breach of cross compliance, you must be directly responsible for any action or inaction that caused the breach.
Therefore, any cross-compliance breaches caused by heat will not be considered as breaches as they are not the result of any action or inaction you have taken.
You are also exempt from the rules where any action is carried out by a statutory body acting under its statutory authority. For example, utility companies carrying out electricity, water, gas or highway works.
Many of the Good Agricultural and Environmental Conditions (GAECs)already include exemptions that allow works to be carried out in emergency situations.
You are also exempt from aGAECrule in the following circumstances:
- there is a risk to human or animal health or safety
- it is necessary to control or treat serious causes of harm to plant health
- it is necessary to prevent or treat serious pest or weed infestations.
You do not need to write to RPA to ask for an exemption. RPA can grant derogations where work is to be carried out for the following reasons:
- it would enhance the environment
- it relates to livestock or crop production
- it would improve public or agricultural access.
You must apply to RPA in writing for a derogation. You must wait for written permission before carrying out any works.
If you are concerned about a breach of the cross compliance rules thats out of your control, you should keep a record of it. Use photos and/or a written record of the issues. You can show these if you are inspected at a later date, so RPA can see how you were affected.
If any of the above-mentioned directly attributable provisions, exemptions and derogations do not appl