BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Agricultural Holdings (Units of Production) (Wales) Order 2004 No. 1218
URL: http://www.bailii.org/wales/legis/num_reg/2004/20041218e.html

[New search] [Help]


2004 No. 1218 (W.133)

LANDLORD AND TENANT, WALES

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

  Made 27th April 2004 
  Coming into force 30th April 2004 

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[2], the National Assembly for Wales hereby makes the following Order: - 

Title, commencement and interpretation
     1.  - (1) This Order is called the Agricultural Holdings (Units of Production) (Wales) Order 2004 and comes into force on 30th April 2004.

    (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 Agricultural Holdings (Units of Production) (Wales) Order 2003[6] is hereby revoked.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[7].


John Marek
The Deputy Presiding Officer of the National Assembly

27th April 2004



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 373
Other breeds cow 460
Beef breeding cows:          
On eligible land under the Tir Mynydd (Wales) Regulations 2001[8] cow 43(1)
On other land cow 73(1)
Beef fattening cattle (semi-intensive) head 75(2)
Dairy replacements head 35(3)
Ewes:          
On eligible land under the Tir Mynydd Regulations (Wales) 2001. 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 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 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 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 £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 income 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 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 2003 to 11th September 2004 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 that 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. L341, 22.12.01, p.3.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, as last amended by Council Regulation (EC) No. 806/03 (OJ No. L122, 16.05.03, p.1).back

[6] S.I. 2003/4 (W.2).back

[7] 1998 c.38.back

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


Cymraeg (Welsh)


ISBN 0 11090939 9


  © Crown copyright 2004

Prepared 5 May 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/wales/legis/num_reg/2004/20041218e.html