GovWire

For legacy schemes please visit Invoke the force majeure clause in your legacy scheme.

Contents:

What is force majeure?
What grants does this apply to?
What are the potential outcomes?
How to submit a force majeure application
How to appeal a decision on your force majeure application

What is force majeure?

If you hold a Forestry Commission grant included in the list of grants, your agreement will be subject to a force majeure clause. Force majeure is defined as an abnormal and unforeseeable circumstance outside of your control, the consequences of which, despite taking all due care, could not have been avoided. The circumstance must be caused by an event.

You can invoke the force majeure clause if you believe such circumstances have impacted your scheme so that:

• part or all of the area impacted no longer meets the obligations of the scheme (the scheme rules), such as non-compliance with the scheme
• the impacts mean you can no longer submit a valid claim

Either one or both of the above may apply, if grants are still due for payment.

What grants does this apply to?

The grants included under this guidance are:

• England Woodland Creation Offer
• HS2 Woodland Fund
• Local Authority Treescapes Fund
• Tree Health Pilot scheme
• Urban Tree Challenge Fund

What are the potential outcomes?

If your request meets the criteria, the relevant section of the force majeure clause applies. We will decide whether the grant recipient is relieved of all or part of their obligations under the agreement, and whether all or part of the grant should be withheld or repaid.

If a request has been accepted, we might do one or more of these:

• remove the affected area from the scheme
• initiate a reclaim for the area affected
• provide a longer period of time to complete work
• accept a lower standard of work

How to submit a force majeure application

You must:

• complete the force majeure application form
• provide all relevant evidence with your application
• complete all sections of the form electronically

If you need to complete the form by hand, you must use:

• black ink
• block capitals
• the boxes available to complete the form

You will need to give evidence that shows:

• what has happened
• how the event means you can no longer meet the scheme rules

You are advised to keep a completed copy of this form.

You should submit the completed form to the Forestry Commission Compliance Team:

Email:FS.Compliance@forestrycommission.gov.uk

Or by post:

How to appeal the decision on your application

We will consider each application on an individual basis. If we refuse your application to claim force majeure, you have the right to appeal this decision.

You should send your appeal in writing to the Head of Incentives Development and Compliance, either by email or post to the contact address supplied.