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Read this guidance if you want to make the following changes to your EWCO 补驳谤别别尘别苍迟:听听

• update any details in your agreement聽

• transfer the agreement to a new owner (succession)聽

• change who has management control聽

1. Before you request an amendment聽聽

Amendment means a change to the EWCO agreement where the obligations and responsibilities of the grant remain with the original grant recipient.

Before you request any amendments, consider the following:聽

• amendments are based on available budget and are entirely at the Forestry Commission鈥檚 discretion聽

• amendments must be justified and necessary for woodland establishment聽

• amendments will not be approved where the grant funds increase (except in the case of Rural Payments Agency (RPA) re-mapping)聽

• grant funds cannot be reallocated between standard cost items (except for gates in some circumstances)聽

• EWCO agreements must continue to meet the minimum eligibility requirements for planting area, stocking and species, following any amendment

• amendments will not usually be permitted where the grant funds have already been paid聽

• work undertaken outside of an agreement, before an amendment is approved and accepted, will not be funded聽

• we may terminate the agreement, reclaim or reduce payments, where we consider the changes will not deliver the agreement objectives (this may include additional contributions payments)聽

You can email EWCO@forestrycommission.gov.uk to check if you can make an amendment. You must also fill in an amendment request form to get the changes approved.听

2. How to request amendments聽

Use the amendment request form to request amendments to your EWCO 补驳谤别别尘别苍迟.听

2.1. Amend contact details聽

You can request amendments to contact details including:聽

• 苍补尘别蝉听

• 补诲诲谤别蝉蝉别蝉听

• phone numbers聽

• 别尘补颈濒蝉听

Fill in section 2.1 of the amendment request form.

If your request is due to a change of grant recipient for an organisation or business, a Director, or similar, must confirm it. They must write a letter on official letterheaded paper to submit with the amendment request form. Or, they can send an email from a business email address registered with the Forestry Commission. It must be from an email address that鈥檚 associated with the application or agreement. 聽

2.2. Change agent details聽

To add an additional agent, remove an existing one or both, complete section 2.2 of the amendment request form. If you鈥檙e adding a new agent, you鈥檒l also need to complete an agent authority form if not already in place with the correct consents selected.听聽聽

2.3. Add or remove a contact (countersigner)聽聽

To add or remove a business partner or another contact from the agreement, fill in section 2.3 of the amendment request form. If you are adding a new contact, also complete a EWCO declaration form: continuation sheet for countersigning.

2.4. Amend area or boundary聽聽

An increase in gross area will not usually be approved.听聽

You may request to reduce the area of your agreement or remove a land parcel or compartment. However, both of the following conditions will apply:聽

• the minimum eligibility for EWCO must still be met聽
• you must not have submitted a claim for grant funds on this area yet聽

Consider how a change in area will impact the quantity of trees and the area and eligibility of additional contributions and annual maintenance to be paid.听

We will check whether the change in area affects the additional contributions agreed in your agreement. If the change moves the compartment(s) out of a spatial targeting area, or creates a break in contiguity for relevant additional contributions, the relevant additional contribution will be removed.听聽

We may consider amendments to the amount of open space, provided this is justified and the minimum eligibility for EWCO will still be met.听

To request an area or boundary amendment fill in section 2.4 of the amendment request form. Submit it with an updated application form and map. Update those issued with your agreement (show the new area or boundary details on the map).听

2.5. Reduce or remove capital items and activities聽

You cannot reallocate funds between standard cost Items or request to add additional items.听

We will consider reductions or removal of standard cost Items or payments towards actual costs for infrastructure, if you鈥檝e not yet claimed for them.

We鈥檒l also consider a change request for the type of gate applied for, if the change is reviewed and agreed internally by a woodland officer. To request an amendment to the standard cost Items or Infrastructure in your agreement, fill in section 2.4 of the amendment request form.

Make the amendments on the EWCO application form issued with your grant agreement. You鈥檒l need to update the standard cost items, or Infrastructure tab, whichever is relevant.听

Submit your amendment request form with your updated application form.

2.6. Amend the flexible grant cap on standard cost items聽

You can request to apply a further cap on standard cost items if you have not yet submitted a claim for them. You cannot raise the value of the cap to receive more grant funds, once the agreement is in place. Read about the standard costs and infrastructure elements of the EWCO agreement for further information.

To request an amendment to the flexible grant cap on standard cost items, fill in section 2.4 of the amendment request form. Make the amendments to the grant values (拢) tab on a copy of the application form issued with your 补驳谤别别尘别苍迟.听

Submit your amendment request form with your updated application form.

2.7. Amend planting stocking density or species composition聽

Consider how changing the species composition or stocking density of the planting may impact eligibility for any additional contributions. We understand issues with tree stock supplies may mean you need to change tree species. Before you buy tree species that are not in your agreement, you must request the change using an amendment request form. This is to assess whether the trees are suitable for the site and eligible for the grant.听聽

If you submitted your application on or after 22 June 2022, make sure any trees you purchase, comply with the Biosecure Procurement Requirement Pilot for plants and trees.

To request amendments to either the planting stocking density or species composition fill in section 2.4 of the amendment request form. Make the amendments to the species breakdown tab on the application form issued with your grant 补驳谤别别尘别苍迟.听聽

Submit your amendment request form with your updated application form.听

2.8. Amend additional contributions聽聽

You cannot add additional contributions or increase the area applied for, once your agreement is in place.听聽

You can reduce the area applied for, provided that these grant funds have not already been paid.听聽

To request a reduction to the area of additional contributions applied for, fill in section 2.4 of the amendment request form. 聽

Make the amendments to the composition & additional contributions (ACs) tab on the EWCO application form issued with your grant 补驳谤别别尘别苍迟.听聽

Submit your amendment request form with your updated application form.

2.9. Request to extend the Capital Funding period

In exceptional cases, we may consider an extension to your Grant Funding Period. You must explain why you need an extension providing any documents that are relevant to your case. We will review whether the extension request can be approved.听

Exceptional cases include, but are not limited to:聽

• adverse weather preventing the work going ahead聽

• illness that has had a clear impact on delivery聽

• unexpected issues with external contractors or suppliers聽

• unexpected staff turnover that has had a clear impact on delivery

2.10. What happens after you submit your request聽

We will review your amendment request. If we need any further information, we will contact you.听

If we approve your amendment, you will receive an amendment of Grant Offer letter with an acceptance of Grant Offer letter for you to sign.

If we approve your request for an extension to your Capital Funding Period, you will receive a letter to confirm it.

Before you can carry out any work or submit claims for capital works relevant to the amendment, you must:

• wait to receive the amended Grant Offer letter聽

• read, sign and return the acceptance of Grant Offer letter

Any work carried out without the formally amended Grant Offer and signed acceptance of Grant Offer will not be funded.听

聽You must:聽

• meet all the requirements as outlined in the EWCO Grant Funding Agreement Terms and Conditions
• establish the trees by the end of the agreement鈥檚 Obligation Period聽

Failure to do this may result in any grant that has been paid being reclaimed in full.听

We will notify you by email if your amendment request has been rejected. Details on how to appeal a decision will be included within our correspondence.

3. How to request a management control change聽

You must notify us of a change of management control no later than 3 months from the date of the change.听

A change of management control may be a result of, but not limited to:聽

• granting a license over the land聽

• granting any contractual interest in the land聽

• granting a new leasehold interest over the land or a sublease聽

• sale of the land*聽

• surrender of a leasehold interest in the land by the tenant to the landlord*聽

• transfer of the land as a gift*聽

• transfer of the leasehold interest in the land*聽

• death of the grant recipient and transfer of the land as a result of probate*聽

Certain changes of management control (marked with *) may count as a succession. We will contact you with details if that is the case. We will then assess whether to approve or reject a request for a succession, at our discretion.听

We will not renegotiate any terms of the agreement in the event of a change of management control.听

At the point of change of management control, we have the right to terminate the agreement. We may at that time recover the grant if the objectives of the agreement have not been met.听

3.1. What you need to do聽

Fill in a change of management control notification form and submit it with your supporting evidence. Examples of supporting evidence include but are not limited to:聽

• 诲别别诲蝉听
• tenancy agreements聽
• 肠辞苍迟谤补肠迟蝉听

Submit the form, so we receive it no later than 3 months from the date of the change. If we do not receive the form within this time, we may recover any grant funds paid.听聽

When we review your request:聽

• we鈥檒l consider the aims and obligations of the agreement to make a decision聽

• we may ask for a countersignature on the agreement if any new legal interests in the land have been granted聽

• the grant recipient must continue to adhere to the EWCO Grant Funding Agreement Terms and Conditions

If we believe the agreement is at risk, or obligations will not be met following the change, we may terminate the agreement, reclaim any grant funds paid, or both.听

You should receive our decision within 40 working days of us receiving your form. If appropriate, we will then send you a succession form to complete.听聽

We will notify you by email if your amendment request has been rejected. Details on how to appeal a decision will be included within our correspondence.

4. How to request a change of ownership (succession) 聽

A change of ownership (or succession) is the transfer of rights and obligations of an agreement to a new successor. We will not renegotiate any terms of the agreement in the event of a change of succession.听

The successor, including where this is the landlord, must be eligible under the EWCO grant agreement rules to take over the grant agreement. 聽

A full succession is where all land in the agreement is transferred to a successor.听

A part succession is where part of the land in the agreement is retained and part is transferred to one successor or more (alternatively, all land in the agreement is transferred to two or more successors).

A succession must not result in the agreement area(s) being smaller than the minimum eligible area.听

We must receive a change of management control notification form no later than 3 months from the date the change took place. We will send a succession form to fill in, if relevant, to be submitted within 12 months from the date of sale or transfer. 聽

We will consider the aims and obligations of the agreement before we make a decision. The current grant recipient will remain liable under the agreement until they receive written confirmation that the succession has been completed. In most cases, we will not recover grant payments where the Obligation Period has ended. However, we may recover grant payments where maintenance obligations remain outstanding, at our discretion.听

Annual maintenance payments will be paid to the person named as the grant recipient on 31 August of that year.

If we approve your succession request, we鈥檒l pay the new landowner the remaining grant if they take on and comply with the 补驳谤别别尘别苍迟.听

We will reclaim any grant funds paid to the previous grant recipients, even after any land sale, if the terms and conditions of the agreement are not met.听 We strongly encourage all EWCO applicants to obtain private indemnity clauses in tenancy and land sale agreements.听

On the date we receive your signed acceptance:聽

• the agreement will be transferred to the successor (including transfer of the right to receive further grant payments)聽

• as the previous grant recipient, you will cease to be entitled to any further grant payments under the agreement (and accept that all payments due have been paid)聽

Also, you are released from future obligations under the agreement, with the exception that you remain liable for:聽

• any retained elements of the agreement, for example, where you only transferred part of their rights and obligations under the agreement (part succession)聽

• any claims under the agreement made before the date of the approved succession聽

• any claims that relate to the period in which you were subject to the Grant Funding Agreement Terms and Conditions

• you shall remain subject to paragraph 26 of the agreement and any other relevant clauses, regarding repayment of grant funding

If we do not approve the succession, any grant funds received by previous grant recipients may be recovered in full.

4.1. What you need to do聽

You must fill in and submit a change of management control notification form as soon as you are aware there will be a change of ownership.

We must receive the form no later than 3 months from the date the change took place. You may then receive a EWCO succession form to fill in, if it applies to your situation. The current grant recipient must submit the completed succession form no later than 12 months from the date of sale or transfer.听

If we approve the succession, the successor will receive a Grant Offer. The transfer is not complete until the successor has accepted the EWCO Grant Offer in writing. They must sign and return the declaration of acceptance to complete the succession. 聽

We may make an offer of succession in principle, if you have notified us of a change of management control but the change is not yet complete. You, the successor, or both, must then provide proof that the transfer has taken place. We will check the evidence is satisfactory before the succession can proceed.听

5. How succession works for tenants and landlords聽

The following examples provide further guidance on how successions under EWCO operate for tenants and landlords.听

In all cases, if we need to reclaim any grant funds paid during the Agreement Period, we will recover this from the grant recipient who was in receipt of the funds. We strongly encourage tenants and landlords to consider a private indemnity clause in tenancy and land sale agreements to ensure they are protected.

5.1. Supporting the tenant to landlord succession pilot聽

We are piloting an option for landlords and tenants to apply together to automatically succeed an agreement. You can use this option when the grant recipient is expected to change during the Agreement Period.

The landlord or tenant who is not the main grant recipient at application must:聽

• provide their Single Business Identifier (SBI) when countersigning the EWCO 补辫辫濒颈肠补迟颈辞苍听

• countersign the Agreement Offer聽

During the application stage we will carry out appropriate checks on both parties.听

You do not have to fill in and submit a succession form. However, you must still fill in and submit a change of management control notification form, to make the other party the grant recipient 聽

The original grant recipient will remain liable under the agreement until we confirm the change in writing.听聽

The tenant or landlord will remain the grant recipient and be responsible for the agreement until we are notified of a change. The other party will not be able to claim grant funds or make amendments to the agreement before a succession is in place.听

This pilot aims to facilitate woodland creation on tenanted land, and we encourage landlords and tenants to work together to take proposals forward. Read further guidance from the Tenancy Reform Industry Group (TRIG): .听

Outside of this pilot, where the grant recipient is a tenant, landlords will be required to take on the obligations of the agreement if a tenant leaves the land. Follow the standard change of management control and succession process in this scenario.

5.2. Succession from tenant to tenant聽

EWCO allows for the succession of agreements from tenant to tenant.听聽

The landlord must countersign the succession form to confirm:聽

• the land is now under a new tenancy聽

• they will continue to take responsibility for the agreement if the new tenant is unable to during the Grant Funding Period 聽聽

5.3. Sale of land where the tenant remains the grant recipient聽

A succession is not required if both:聽

• the land in the agreement, is sold or transferred by the landlord and the tenant remains the grant recipient named on the agreement聽

• the tenant retains full management control of the land聽

We consider the new landowner to agree with the same conditions as the previous landowner that countersigned the EWCO application.听聽

5.4. Succession from tenant to the landowner聽

Where the option of the supporting tenant to landlord succession pilot was not applied, landlords who鈥檝e countersigned an agreement are liable for making sure all obligations under the agreement are fulfilled, where the named grant recipient ceases to have management control of all or part of the land. This responsibility will last for the duration of the 补驳谤别别尘别苍迟.听

The change of management control notification form and succession form include space to explain why the tenant is leaving the agreement and the landowner succeeding.听

Where land is resumed by a contested notice to quit, we may refuse the succession or prevent it taking place for 12 months, at our discretion. Tenants should seek legal advice on their position, should their tenancy end unexpectedly before the term of any 补驳谤别别尘别苍迟.听

5.5. Succession from landowner to tenant聽

A succession is not required for a landowner with an agreement who can show they have management control over the land, that鈥檚 let to a tenant. The landowner will remain liable to fulfil the obligations of the 补驳谤别别尘别苍迟.听

Where a tenant receives management control over the land, they must follow the succession process. Tenants also have the option to apply under the supporting tenant and landlord succession pilot to allow for automatic succession.听聽

5.6. How succession works if a grant recipient passes away聽

If a grant recipient passes away, the process for succession will depend on the circumstances of the land ownership.听

We may, at our sole discretion, choose not to:聽

• recover any funds from the estate of the deceased聽

• enforce the 3 month timescale for notification where any change of management control occurs聽

• enforce the 12 month timescale for succession of the agreement聽聽

5.6.1. Land held jointly with a surviving grant recipient聽

If the land was held jointly with another EWCO grant recipient and the share in the land is left to them, we do not consider that a succession or a change of management control has taken place. This means no action is required.听

5.6.2. Land held by a sole grant recipient聽

If a sole grant recipient has passed away and the land and agreement are to be transferred to a new third party, the executors of the estate should notify us as soon as possible. They must let us know that the ownership of the land will change and confirm whether the new owner wants to take on the EWCO 补驳谤别别尘别苍迟.听聽

On the grant of probate, the executors of the estate should complete a change of management control notification form and request a succession form. The executors are the grant recipient for the purposes of the forms. They must make sure that the beneficiary (successor) in receipt of the land also completes the succession form (as the intended successor). They should then arrange for the succession form to be sent to us for approval.