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Statutory Instruments made by the National Assembly for Wales
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URL: http://www.bailii.org/wales/legis/num_reg/2001/20013064e.html

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2001 No. 3064 (W. 253 )

LANDLORD AND TENANT, WALES

The Agricultural Holdings (Units of Production) (Wales)(No.3) Order 2001

  Made 4th September 2001 
  Coming into force 12th September 2001 

In exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986[1], which are now vested in it, the National Assembly for Wales[2] hereby makes the following Order: - 

Title, commencement and interpretation
     1.  - (1) This Order may be cited as the Agricultural Holdings (Units of Production) (Wales) (No.3) Order 2001 and shall come into force on 12th September 2001.

    (2) Any reference 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 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 Wales, 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.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6].


D. Elis-Thomas
The Presiding Officer of the National Assembly

4th September 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 Tir Mynydd Regulations 2001(a) 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 Tir Mynydd 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.

    (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 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 Wales 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.

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 Agricultural Holdings Act 1986: 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.back

[2] By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999(S.I. 1999/ 672), the functions of the Secretary of State for Wales under paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986, were, so far as they were exercisable in relation to Wales, transferred to the National Assembly for Wales.back

[3] 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

[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.back

[6] 1998 c.38.back


Cymraeg (Welsh)


ISBN 0 11090383 8


  Prepared 17 December 2001

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URL: http://www.bailii.org/wales/legis/num_reg/2001/20013064e.html