Current status: Answered by Jim Fairlie on 8 January 2025
To ask the Scottish Government what qualifying circumstances would be covered under the force majeure clause in the Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) Regulations 2024, and how crofters and farmers can (a) access protection and (b) appeal a decision of a rejected application to access protection under this clause.
The Force Majeure/Exceptional Circumstance (FM/EC) provision is one that has existed for a number of years and if a business has been unable to comply with the rules of a scheme because of FM/EC, they may retain the right to aid in respect of the claim. To qualify, a business must notify the Scottish Government Rural Payments and Inspections Division (SGRPID) in writing of the FM/EC event along with relevant evidence from the date they are in a position to do so.
The FM/EC provision applies on a case by case basis, and decisions are taken on the basis of relevant evidence provided. The way on which the Scottish Government continue to approach cases relies on the approach set out by legislation.
Examples of force majeure or exceptional circumstances are:
1.the death of the farmer
2.the long-term professional incapacity of the farmer
3.a severe natural disaster gravely affecting the holding's agricultural land
4.the accidental destruction of livestock buildings on the holding
5.an epizootic affecting part of or all of the farmer’s livestock (for example, Foot and Mouth Disease)
This is not an exhaustive list and animal health concerns, weather conditions, bull failure or transport issues may also qualify as FM/EC. These are only examples and they are not, by themselves, sufficient to qualify as FM/EC and the applicant would still need to provide evidence in support of these events that demonstrate that calving performance has been impacted by comparison to previous years.
In August 2024, the Scottish Government posted a Frequently Asked Questions (FAQ) Scottish Suckler Beef Support Scheme (Mainland and Islands) to support the industry with information on the new calving interval condition being introduced to the Scottish Suckler Beef Support Scheme (SSBSS) from 2025. The FAQ includes detail of the FM/EC provision in the context of the SSBSS calving interval condition, including the type of evidence that would be required to support a request for it to be applied.