There are different levels of penalties depending on the intent, extent, severity and permanence of the scheme breach. These are summarised below, and set out in detail in the downloadable tables at the bottom of this page:
Group 1 (Annual Recurrent Options)
Intent - negligent or intentional
- Negligent - A beneficiary has breached a measure as a result of failing to take reasonable care, skill and foresight.
- Intentional non-compliance - this has been defined as being the same as its legal meaning within criminal and civil law. Very broadly, an intentional non-compliance is where the beneficiary has knowingly breached the rules that are set out with an understanding of what she/he was doing.
Extent - Minimum, medium or high (determined by the extent of the managed area covered).
- Minimum - Up to and including 10% of area managed
- Medium - Over 10% and up to and including 50% of area managed.
- High - More than 50% of area managed.
Severity - Low or high
- Determined by the inspector/officer and based on the importance of the consequences of breaching the management requirement of the Option. The inspector will take into account the benefits the Option is trying to achieve.
Permanence
The permanence of the breach will be determined by the timescale in which the breach can be rectified, if at all.
- Rectifiable within the scheme year
- Rectifiable within the period of the commitment
- Permanent not rectifiable within the period of the commitment
Repetition
A breach will be determined as a repetition where the same breach is found on the same site in subsequent scheme years.
How we apply scheme rule breaches to Group 1
If multiple breaches for the same option occur they will be grouped and the most severe penalty applied.
Group 2 (Capital Options)
Intent - negligent or intentional
- Negligent - A beneficiary has breached a measure as a result of failing to take reasonable care, skill and foresight.
- Intentional non-compliance - this has been defined as being the same as its legal meaning within criminal and civil law. Very broadly, an intentional noncompliance is where the beneficiary has knowingly breached the rules that are set out with an understanding of what she/he was doing.
Extent
- Partially complete or not undertaken determined by the inspector/officer.
Severity - Low or high
- Determined by the inspector and based on the importance of the consequences of breaching requirement of the Option.
Permanence
The permanence of the breach will be determined by the timescale in which the breach can be rectified, if at all
- Rectifiable
- Permanent not rectifiable within the period of the commitment
Repetition
A breach will be determined as a repetition where the same breach is found for the same option in subsequent scheme years.
How we apply scheme rule breaches to Group 2