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STATUTORY INSTRUMENTS

2001 No. 2751

LANDLORD AND TENANT, ENGLAND

The Agricultural Holdings (Units of Production) (England) Order 2001

  Made 30th July 2001 
  Laid before Parliament 1st August 2001 
  Coming into force 12th September 2001 

The Minister of Agriculture, Fisheries and Food, being the Minister designated in relation to England for the purposes of paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986[1], and of all other powers enabling him in that behalf, hereby makes the following Order: - 

Title, commencement and interpretation
     1.  - (1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2001 and shall come into force on 12th September 2001.

    (2) Any referenece in this Order to "the Schedule" is a reference to the Schedule to this Order.

    (3) Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.

    (4) In this Order:

Assessment of the productive capacity of land
     2.  - (1) Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of sub-paragraph (1) of paragraph (3) of Schedule 6 to the Agricultural Holdings Act 1986.

    (2) Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit or miscellaneous product as is mentioned in any of the entries 1 to 7 in column 1 of the Schedule, then - 

    (3) Where land capable, when farmed under competent management, of producing a net annual income is designated as set aside land, as is mentioned in entry 8 in column 1 of the Schedule, then - 

    (4) The Schedule has effect subject to the Notes to the Schedule.

Revocation
     3. The Agricultural (Units of Production) (England) Order 2000[5] is hereby revoked.


Whitty
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs

30 July 2001



SCHEDULE
Articles 1(2) and 2


PRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME


Column 1 Column 2 Column 3
Farming use Unit of production Net annual income from unit of production
          £
     1. Livestock
Dairy cows:

    Channel Islands breeds

 cow 296
Other breeds

 cow 375
Beef breeding cows:

    On eligible land under the Hill Farm Allowance Regulations 2001[6]

 cow 51(1)
On other land

 cow 43(1)
Beef fattening cattle (semi-intensive) head 45(2)
Dairy replacements head 30(3)
Ewes:

    On eligible land under the Hill Farm Allowance Regulations 2001

 ewe 10(4)
On other land ewe 11(5)
Store lambs (including ewe lambs sold as shearlings) head 0.87
Pigs:

    Sows and gilts in pig

 sow or gilt 70
Porker head 1.37
Cutter head 2.59
Bacon head 3.79
Poultry:

    Laying hens

 bird 0.90
Broilers bird 0.09
Point-of-lay pullets bird 0.20
Christmas turkeys bird 1.27
     2. Farm arable crops


          
Barley hectare 140(6)
Beans hectare 158(7)
Herbage seed hectare 125
Linseed hectare 22(8)
Oats hectare 163(9)
Oilseed rape hectare 82(10)
Peas:

    Dried

 hectare 200(11)
Vining

 hectare 205
Potatoes:

    First early

 hectare 835
Maincrop (including seed)

 hectare 860
Sugar beet hectare 250
Wheat hectare 197(12)
     3. Outdoor horticultural crops


          
Broad beans hectare 410
Brussels sprouts hectare 1505
Cabbage, savoys and sprouting broccoli hectare 1730
Carrots hectare 2270
Cauliflower and winter broccoli hectare 975
Celery hectare 8255
Leeks hectare 2945
Lettuce hectare 4150
Onions:

    Dry bulb

 hectare 1305
Salad

 hectare 4125
Outdoor bulbs hectare 1600
Parsnips hectare 2591
Rhubarb (natural) hectare 4845
Turnips and swedes hectare 1210
     4. Protected crops


          
Forced narcissi 1000 square metres 6980
Forced tulips 1000 square metres 7175
     5. Orchard fruit
Apples:

    Cider

 hectare 420
Cooking

 hectare 1275
Dessert

 hectare 1250
Cherries hectare 690
Pears hectare 965
Plums hectare 1215
     6. Soft fruit


          
Blackcurrants hectare 740
Raspberries hectare 3000
Strawberries hectare 3500
     7. Miscellaneous


          
Hops hectare 1670
     8. Set-aside(1)


 hectare 28



NOTES TO THE SCHEDULE
Article 2(4)

Note to column 1


    (1) For the marketing year 2001-2002 this refers to land which is set-aside under Article 2(3) of Council Regulation 1251/99, except where such land is used (in accordance with Article 6(3) of Council Regulation 1251/99) for the provision of materials for the manufacture within the Community of products not directly intended for human or animal consumption.

Notes to column 3


    (1) Deduct £126 from this figure in the case of animals for which the net annual income does not include a sum in respect of the premium for maintaining suckler cows (suckler cow premium) provided for in Article 6 of Council Regulation 1254/99.

Add £20 to the figure in column 3 in the case of animals for which the net annual income includes a sum in respect of the lower rate of extensification premium provided for in Article 13 of Council Regulation 1254/99.

Add £40 to the figure in column 3 in the case of animals for which the net annual income includes a sum in respect of the higher rate of extensification premium provided for in Article 13 of Council Regulation 1254/99.

    (2) This is the figure for animals which would be kept for 12 months.

Deduct £91 in the case of animals which are kept for 12 months and for which the Net Annual Income does not include a sum in respect of the special premium for holding male bovine animals (beef special premium) provided for in Article 4b of Council Regulation 805/68.

Add £20 to the figure in column 3 in the case of animals which are kept for 12 months and for which the net annual income includes a sum in respect of the lower rate of extensification premium.

Add £40 to the figure in column 3 in the case of animals which would be kept for that period and for which the net annual income includes a sum in respect of the higher rate of extensification premium.

In the case of animals which are kept for less than 12 months and for which the net annual income does not include a sum in respect of beef special premium, the net annual income is to be calculated by deducting £91 from the figure in column 3 and then making a pro rata adjustment of the resulting figure.

In the case of animals which are kept for less than 12 months and for which the net annual income includes a sum in respect of beef special premium, the net annual income is to be calculated by first deducting £91 from the figure in column 3, then making a pro-rata adjustment of the resulting figure, then adding to that figure the sum of £91 and (where the net annual income includes a sum in respect of extensification premium) the sum of £20 (where the extensification premium is paid at the lower rate) or £40 (where the extensification premium is paid at the higher rate).

    (3) This indicates the figure for animals (irrespective of age) which are kept for 12 months.

In the case of animals which are kept for less than 12 months a pro rata adjustment of this figure is to be made.

    (4) Deduct £12 from this figure in the case of animals for which the net annual income does not include a sum in respect of the premium for offsetting income loss sustained by sheep meat producers (sheep annual premium) provided for in Article 5 of Council Regulation 2467/98.

    (5) Deduct £8 from this figure in the case of animals for which the net annual income does not include a sum in respect of sheep annual premium.

    (6) Deduct £219 from this figure in the case of land for which the net annual income does not include a sum in respect of the compensatory payment for which producers of arable crops may apply (area payment) provided for in Article 2 of Council Regulation 1251/99.

    (7) Deduct £253 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

    (8) Deduct £264 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

    (9) Deduct £219 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

    (10) Deduct £258 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

    (11) Deduct £253 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

    (12) Deduct £220 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.


EXPLANATORY NOTE

(This note is not part of the Order)


This Order prescribes units of production for the assessment of the productive capacity of agricultural land situated in England and sets out the amount which is to be regarded as the net annual income from each such unit for the year 12th September 2001 to 11th September 2002 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2000.

An assessment of the productive capacity of agricultural land is required in determining whether or not the land in question is a "commercial unit of agricultural land" for the purposes of the succession provisions in the 1986 Act: see in particular sections 36(3) and 50(2). A "commercial unit of agricultural land" is land which, when farmed under competent management, is capable of producing a net annual income which is not less than the aggregate of the average annual earnings of two full-time male agricultural workers aged 20 years or over (paragraph 3 of Schedule 6 to the 1986 Act). In determining this annual income figure, neither the system of farming carried out on a particular holding nor historical data from that holding will necessarily be used. Instead, whenever a particular farming use mentioned in column 1 of the Schedule to this Order is relevant to this determination, the units of production and the net annual income specified in columns 2 and 3 respectively will form the basis of the assessment of the productive capacity of the land in question.

The net annual income figures in column 3 of the Schedule specify the net annual income from one unit of production. In some cases the net annual income is derived from a unit which will be on the land for the full twelve-month period. In other cases the net annual income is derived from a unit which will be on the land for only part of the year, and there may be more than one production cycle in the twelve-month period. The assessment of the productive capacity of the land will take account of the total production in the course of a year.

Notes:

 [1] 1986 c. 5; section 96(1) of the Act defines "the Minister".back

[2] OJ No. L312, 20.11.98, p. 1, as last amended by Council Regulation (EC) No. 1669/00 (OJ No. L193, 29.7.00, p. 8).back

[3] OJ No. L160, 26.6.99, p. 1, as last amended by Council Regulation (EC) No. 1038/01 (OJ No. L145, 31.5.2001, p. 16).back

[4] OJ No. L160, 26.6.99, p. 21.back

[5] S.I. 2000/1984.back

[6] S.I. 2001/476.back


ISBN 0 11 029865 9


 © Crown copyright 2001

Prepared 22 August 2001

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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012751.html