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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/2003/20030004e.html

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STATUTORY INSTRUMENTS

2003 No. 4 (W.2)

LANDLORD AND TENANT, WALES

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

  Made 7th January 2003 
  Coming into force 13th January 2003 

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 is called the Agricultural Holdings (Units of Production) (Wales) Order 2003 and comes into force on 13th January 2003.

    (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 6 in column 1 of the Schedule, then - 

    (3) Where land capable, when farmed under competent management, of producing a net annual income is the subject of Tir Mynydd payments or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of the Schedule, then - 

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

Revocation
     3. The following Orders are revoked: - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9].


John Marek
The Deputy Presiding Officer of the National Assembly

7th January 2003



THE 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 299
Other breeds cow 378
Beef breeding cows:          
On eligible land under the Tir Mynydd Regulations 2001[10] cow 19(1)
On other land cow 60(1)
Beef fattening cattle (semi-intensive) head 38(2)
Dairy replacements head 30(3)
Ewes:          
On eligible land under the Tir Mynydd Regulations 2001. ewe 3(4)
On other land ewe 9(5)
Store lambs (including ewe lambs sold as shearlings) head 0.75
Pigs:          
Sows and gilts in pig sow or gilt 75
Porker head 1.50
Cutter head 2.85
Bacon head 4.20
Poultry:          
Laying hens bird 0.92
Broilers bird 0.09
Point-of-lay pullets bird 0.20
Christmas turkeys bird 1.27
2. Farm arable crops
Barley hectare 149(6)
Beans hectare 195(7)
Herbage seed hectare 110
Oats hectare 176(8)
Oilseed rape hectare 76(9)
Peas:          
Dried hectare 224(10)
Vining hectare 200
Potatoes:          
First early hectare 860
Maincrop (including seed) hectare 860
Sugar Beet hectare 240
Wheat hectare 214(11)
3. Outdoor horticultural crops
Broad beans hectare 425
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
Parsnips hectare 2591
Rhubarb (natural) hectare 5000
Turnips and swedes hectare 1210
4. Orchard fruit
Apples:          
Cider hectare 420
Cooking hectare 1275
Dessert hectare 1250
Cherries hectare 690
Pears hectare 965
Plums hectare 1215
5. Soft fruit
Blackcurrants hectare 740
Raspberries hectare 3000
Strawberries hectare 3500
6. Miscellaneous
Hops hectare 1670
7. Forage Land
Eligible land as described in regulation 2A of the Tir Mynydd (Wales) Regulations 2001 hectare the amount of the Tir Mynydd payment required to be paid under the Tir Mynydd (Wales) Regulations 2001
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 Regulation1251/99) for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption hectare 24




NOTES TO THE SCHEDULE


    (1) Deduct £120 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 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 £17 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 Articles 4 and 5 of Council Regulation 2529/01 on the common organisation of the market in sheepmeat and goatmeat.

    (5) Deduct £13 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 £227 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 £262 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 £226 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 £228 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 £262 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 £228 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 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 2002 to 11th September 2003 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 Minister (defined in section 96(1) of the Act as the Secretary of State in relation to 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. L10, 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] S.I. 2001/2982 (W.249).back

[7] S.I. 2001/2983 (W.250).back

[8] S.I. 2001/3064 (W.253).back

[9] 1998 c.38.back

[10] S.I. 2001 / 496 (W.23) as amended by S.I. 2002/1806 (W.176).back


Cymraeg (Welsh)


ISBN 0 11090619 5


 
© Crown copyright 2003
Prepared 23 January 2003

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URL: http://www.bailii.org/wales/legis/num_reg/2003/20030004e.html