The Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1986

Interpretation of part III

14.—(1) In this part—

• “agricultural unit” means land which is occupied as a unit for agricultural purposes including—

  (a)

  any dwelling house or other building occupied by the same person for the purpose of farming the land; and

  (b)

  any other agricultural land which is in the occupation of the same person, being land as to which the Department is satisfied that, having regard to the character and situation thereof and other relevant circumstances, it ought in the interests of full and efficient production to be farmed in conjunction with the agricultural unit, and directs accordingly; but the Department shall not give such a direction as respects any land unless it is for the time being not in use for any purpose which appears to it to be substantial having regard to the use to which it might be put for agriculture;

• “amalgamation” and “boundary adjustment” have the meanings given by Article 9;

• “commercial unit” means an agricultural unit which in the opinion of the Department is capable, when farmed under reasonably skilled management, of providing full-time employment for an individual occupying it and for at least one other man (or full-time employment for an individual occupying it and employment for members of his family or other persons equivalent to full-time employment for one man);

• “intermediate unit” means an agricultural unit which, in the opinion of the Department, is capable, when farmed under reasonably skilled management, of providing full-time employment for an individual occupying it;

• “prescribed”, in relation to the contents of a scheme, means prescribed by the scheme;

• “tenant” means a tenant who holds under a contract of tenancy for a life or lives or for a term of years;

• “uncommercial unit” shall be construed by reference to the definition of commerical unit, except that, where the Department so directs, it may be treated as referring to the relevant agricultural unit exclusive of any one dwelling house of the unit or of an area sufficient to provide a site for one dwelling house and, if the Department so directs, exclusive of any small portion of land to be occupied with that dwelling house.

(2) In paragraph (1) “full-time employment” shall be construed in accordance with any provisions defining that expression in any scheme made under Article 9.