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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032151.html

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2003 No. 2151

LANDLORD AND TENANT

ENGLAND

The Agricultural Holdings (Units of Production) (England) Order 2003

  Made 19th August 2003 
  Laid before Parliament 20th August 2003 
  Coming into force 12th September 2003 

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986[1], and now vested in her[2] makes the following Order:

Title, commencement and interpretation
     1.  - (1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2003 and shall come into force on 12th September 2003.

    (2) 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.

    (3) In this Order - 

Assessment of 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 6 in column 1 of the Schedule to this Order, then - 

    (3) Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of the Schedule to this Order, then - 

Revocation
     3. The Agricultural Holdings (Units of Production) (England) Order 2002[6] is revoked.


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

19th August 2003



SCHEDULE
Article 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 373
Other breeds

 cow 460
Beef breeding cows:

          
On less favoured area land under the Hill Farm Allowance Regulations 2003[7]

 cow 43(1)
On other land

 cow 73(1)
Beef fattening cattle (semi-intensive)

 head 75(2)
Dairy replacements

 head 35(3)
Ewes:

          
On less favoured area land under the Hill Farm Allowance Regulations 2003

 ewe 11(4)
On other land

 ewe 19(5)
Store lambs (including ewe lambs sold as shearlings)

 head 1.00
Pigs:

          
Sows and gilts in pig

 sow or gilt 85
Porker

 head 1.75
Cutter

 head 3.25
Bacon

 head 5.00
Poultry:

          
Laying hens

 bird 1.00
Broilers

 bird 0.12
Point-of-lay pullets

 bird 0.25
Christmas Turkeys

 bird 2.00
     2. Farm arable crops


          
Barley

 hectare 186(6)
Beans

 hectare 169(7)
Herbage seed

 hectare 100
Oats

 hectare 190(8)
Oilseed rape

 hectare 171(9)
Peas:

          
Dried

 hectare 194(10)
Vining

 hectare 175
Potatoes:

          
First early

 hectare 800
Maincrop (including seed)

 hectare 750
Sugar Beet

 hectare 240
Wheat

 hectare 223(11)
     3. Outdoor horticultural crops


          
Broad beans

 hectare 500
Brussels sprouts

 hectare 1400
Cabbage, savoys and sprouting broccoli

 hectare 1800
Carrots

 hectare 2700
Cauliflower and winter broccoli

 hectare 975
Celery

 hectare 8000
Leeks

 hectare 3200
Lettuce

 hectare 4150
Onions:

          
Dry bulb

 hectare 1305
Salad

 hectare 3800
Parsnips

 hectare 2850
Rhubarb (natural)

 hectare 6000
Turnips and swedes

 hectare 1300
     4. Orchard fruit


          
Apples:

          
Cider

 hectare 380
Cooking

 hectare 1150
Dessert

 hectare 1250
Cherries

 hectare 800
Pears

 hectare 900
Plums

 hectare 1150
     5. Soft fruit


          
Blackcurrants

 hectare 800
Raspberries

 hectare 3000
Strawberries

 hectare 4000
     6. Miscellaneous


          
Hops

 hectare 1700
     7. Forage Land


          
Eligible forage area as described in regulation 7 of the Hill Farm Allowance Regulations 2003

 hectare the amount of hill farm allowance required to be paid under the Hill Farm Allowance Regulations 2003
     8. Set-aside


          
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 primarily intended for human or animal consumption.

 hectare 51

NOTES TO THE SCHEDULE

    (1) Deduct £124 from the figure in column 3 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 on the common organisation of the market in beef and veal.

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

    (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 £18 from the figure in column 3 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 Articles 4 and 5 of Council Regulation 2529/01 on the common organisation of the market in sheepmeat and goatmeat.

    (5) Deduct £14 from the figure in column 3 in the case of animals for which the net annual income does not include a sum in respect of sheep annual premium.

    (6) Deduct £249 from the figure in column 3 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 £288 from the figure in column 3 in the case of land for which the net annual ncome does not include a sum in respect of area payment.

    (8) Deduct £249 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

    (9) Deduct £250 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

    (10) Deduct £291 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

    (11) Deduct £250 from the figure in column 3 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 2003 to 11th September 2004 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2002.

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 describe 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] In relation to England, the functions previously vested in the Minister of Agriculture, Fisheries and Food are vested in the Secretary of State - see article 5(1) of, and paragraph 27 of Schedule 1 to, the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002. (S.I. 2002/794).back

[3] OJ No. L341, 22.12.01, p.3.back

[4] OJ No. L160, 26.6.99, p.1, as last amended by Council Regulation (EC) No. 1038/01 (OJ No. L145, 31.5.01, p.16).back

[5] OJ No. L160, 26.6.99, p.21, as last amended by Council Regulation (EC) No. 806/03 (OJ No. L122, 16.5.03, p.1).back

[6] S.I. 2002/1925.back

[7] S.I. 2003/289.back


ISBN 0 11 047516 X


  Prepared 16 September 2003

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032151.html