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2004 No. 1811

LANDLORD AND TENANT, ENGLAND

The Agricultural Holdings (Units of Production) (England) Order 2004

  Made 13th July 2004 
  Laid before Parliament 14th July 2004 
  Coming into force 12th September 2004 

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 2004 and shall come into force on 12th September 2004.

    (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 2003[6]is revoked.


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

13th July 2004



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 (other than Channel Islands breeds) cow 260
Beef breeding cows:

    On less favoured area land under the Hill Farm Allowance Regulations 2004[7]

 cow 31(1)
On other land cow 80(1)
Beef fattening cattle (semi-intensive) head 63(2)
Dairy replacements head 45(3)
Ewes:

    On less favoured area land under the Hill Farm Allowance Regulations 2004

 ewe 14(4)
On other land ewe 21(5)
Store lambs (including ewe lambs sold as shearlings) head 1.05
Pigs:          
Sows and gilts in pig sow or gilt 95
Porker head 1.90
Cutter head 3.50
Bacon head 5.50
Poultry:          
Laying hens bird 1.25
Broilers bird 0.15
Point-of-lay pullets bird 0.30
Christmas Turkeys bird 3.00
     2. Farm arable crops

          
Barley hectare 199(6)
Beans hectare 175(7)
Herbage seed hectare 120
Oats hectare 131(8)
Oilseed rape hectare 188(9)
Peas:          
Dried hectare 201(10)
Vining hectare 175
Potatoes:          
First early hectare 900
Maincrop (including seed) hectare 780
Sugar Beet hectare 270
Wheat hectare 266(11)
     3. Outdoor horticultural crops

          
Broad beans hectare 575
Brussel sprouts hectare 1600
Cabbage, savoys and sprouting broccoli hectare 2000
Carrots hectare 3100
Cauliflower and winter broccoli hectare 1000
Celery hectare 8000
Leeks hectare 3600
Lettuce hectare 4150
Onions:          
Dry bulb hectare 1305
Salad hectare 3800
Parsnips hectare 3250
Rhubarb (natural) hectare 6900
Turnips and swedes hectare 1500
     4. Orchard fruit

          
Apples:          
Cider hectare 380
Cooking hectare 1250
Dessert hectare 1400
Cherries hectare 900
Pears hectare 1000
Plums hectare 1250
     5. Soft fruit

          
Blackcurrants hectare 850
Raspberries hectare 3100
Strawberries hectare 4200
     6. Miscellaneous

          
Hops hectare 1700
     7. Forage Land

Eligible forage area as described in regulation 7 of the Hill Farm Allowance Regulations 2004

 hectare The amount of hill farm allowance required to be paid under the Hill Farm Allowance Regulations 2004
     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 37

NOTES TO THE SCHEDULE

    (1) Deduct £135 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 would be kept for 12 months.

    (3) This indicates the figure for animals (irrespective of age) which would be 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 £19 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 £15 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 £ 238 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 £ 274 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

    (8) Deduct £ 238 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 £ 238 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 £ 274 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 £ 238 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 2004 to 11th September 2005 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2003.

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, as amended by Council Regulation (EC) No. 1782/03 (OJ No. L270, 21.10.03, p.1).back

[4] OJ No. L160, 26.6.99, p.1, as last amended by Council Regulation (EC) No. 1782/03 (OJ No. L270, 21.10.03, p.1).back

[5] OJ No. L160, 26.6.99, p.21, as last amended by Council Regulation (EC) No. 1782/03 (OJ No. L270, 21.10.03, p.1).back

[6] S.I. 2003/2151.back

[7] S.I. 2004/145back


ISBN 0 11 049529 2


  © Crown copyright 2004

Prepared 20 July 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20041811.html