The Agriculture (Calculation of Value for Compensation) Regulations 1978

Statutory Instruments

1978 No. 809

LANDLORD AND TENANT

AGRICULTURAL HOLDINGS

The Agriculture (Calculation of Value for Compensation) Regulations 1978

Made

25th May 1978

Laid before Parliament

9th June 1978

Coming into Operation

1st July 1978

The Minister of Agriculture, Fisheries and Food, in relation to England, with the advice of the committee appointed by him under the provisions of section 79 of the Agricultural Holdings Act 1948, and the Secretary of State for Wales, in relation to Wales, with the advice of the committee appointed by him under the provisions of the said section 79 as read with Article 2(1) of the Transfer of Functions (Wales) (No. 1) Order 1978, in exercise of the powers conferred by section 51(1) of the Agricultural Holdings Act 1948, and now vested in them(1), and of all other powers enabling them in that behalf, hereby make the following regulations:—

Citation and commencement

1.  These regulations may be cited as the Agriculture (Calculation of Value for Compensation) Regulations 1978, and shall come into operation on 1st July 1978.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires,—

the Act” means the Agricultural Holdings Act 1948;

roots” means the produce of any root crop of a kind normally grown for consumption on the holding;

tenant” means the outgoing tenant;

year” means a period of twelve consecutive calendar months.

(2) The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.

(3) Any reference in these regulations to any enactment shall be construed as a reference to that enactment as amended, varied or extended under that enactment or by or under any other enactment.

Compensation for improvements and other matters

3.  Subject to subsections (2) and (3) of section 51 of the Act and to regulation 4 below, the compensation for any improvement or other matter specified in a numbered paragraph of the Fourth Schedule to the Act shall, where the tenancy of the tenant claiming such compensation terminates on or after the coming into operation of these regulations, be calculated in accordance with the paragraph so numbered in Schedule 1 to these regulations.

Reduction of compensation

4.—(1) Where any work in relation to an improvement or other matter has not been carried out in the most efficient and economical manner practicable in the circumstances, or any improvement or other matter has been adversely affected by—

(a)any breach by the tenant of the rules of good husbandry, or

(b)any other act or omission of the tenant, whether intentional or negligent,

and the compensation for that improvement or other matter calculated pursuant to regulation 3 above exceeds the actual value to an incoming tenant, the compensation shall be reduced so as not to exceed such actual value, but no reduction shall be made for any adverse effects of seasonal conditions which the tenant could not reasonably have been expected to guard against or mitigate.

(2) Where—

(a)any hay, fodder crops, straw, roots, manure or compost are destroyed by fire or otherwise or, after the giving of a notice to quit by the tenant or the landlord and without the landlord's written consent, are sold by the tenant or removed by him from the holding, and

(b)but for the destruction, sale or removal, compensation would have been payable to the tenant under paragraph 8 of the Fourth Schedule to the Act in respect of the produce destroyed, sold or removed,

the compensation which would otherwise be payable to the tenant under these regulations shall be reduced by an amount equal to the reasonable cost to an incoming tenant of replacing on the holding produce similar in all respects to that which has been destroyed, sold or removed, less the value of the replaced produce itself, calculated under these regulations as if it had been on the holding when the tenant quitted at the termination of the tenancy.

(3) Paragraphs 8 to 10 of Part II of Schedule 1 to these regulations do not apply to crops or produce grown, seeds sown, cultivations, fallows or acts of husbandry performed or pasture laid down in contravention of the terms of a written contract of tenancy unless either—

(a)the tenant shows that the terms contravened were inconsistent with the fulfilment of the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry, or

(b)the contravention was reasonably necessary in consequence of the giving of a direction by the Minister under the Agriculture Act 1947 or by the Secretary of State for Wales under that Act as read with the Transfer of Functions (Wales) (No. 1) Order 1978.

Revocations

5.  The instruments mentioned in Schedule 2 to these regulations are hereby revoked, but without prejudice to their application in relation to tenancies terminating before the coming into operation of these regulations.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd May, 1978.

L.S.

John Silkin

Minister of Agriculture, Fisheries and Food

T. Alec Jones

Parliamentary Under Secretary of State for Wales

25th May, 1978

Regulation 3

SCHEDULE 1

PART I

1Mole drainage and works carried out to secure the efficient functioning thereof

(1) (a) Where the moles discharge into a piped main drain, the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-sixth for each year since the work was completed;

(b)Where the moles discharge direct into an open ditch (whether the outfalls are piped or not), the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-third for each year since the work was completed.

(2) If the value of any work, calculated in accordance with sub-paragraph (1) above, exceeds the actual value to an incoming tenant, in any case where—

(a)plans on a suitable scale, made at the time when the work was done, and showing the position of all moles, mains and outfalls, are not made available to the landlord; or

(b)moles were not drawn at a proper depth, having regard to the nature of the soil and subsoil; or

(c)any ditches into which the outfalls discharge have not been maintained clean, free from obstruction and at a proper depth since the work was done; or

(d)deep cultivation or other work interfering with the efficient functioning of the drains has been done on the land since the drainage work was completed; or

(e)the land is not of consistently suitable slope or soil texture for mole drainage to be effective; or

(f)the drainage scheme was not a proper one, having regard to all the conditions, or was not efficiently carried out; or

(g)for any other reason, the drainage system does not function efficiently,

the value so calculated shall be reduced so as not to exceed such actual value.

2Protection of fruit trees against animals

The value shall be the reasonable cost of the protection, whether around each tree or around the perimeter of the orchard or both, reduced where necessary according to—

(a)the existing condition of the protection;

(b)the existing condition of the fruit trees;

(c)the further period for which protection is likely to be necessary.

3

4Clay burning

The value shall be the reasonable cost of the work, less one-quarter for each growing season since the work was completed.

5Liming (including chalking) of land

(1) Subject to sub-paragraphs (2) and (3) below, the value shall be the reasonable cost of the lime applied to the land (including the cost of delivery and application) reduced by such amount as represents the value of calcium carbonate (CaCO3) or its equivalent calcium oxide (CaO) lost due to excess winter rainfall, such loss being estimated, by reference to mean annual excess winter rainfall and the rate of application of nitrogenous fertiliser to the land subsequent to the application of lime, in accordance with Table 1.

TABLE 1
Estimated annual loss of Calcium carbonate (CaCO3) and its equivalent Calcium oxide (CaO) due to excess winter rainfall and nitrogenous fertiliser application
Rate of application of nitrogenous fertiliser Kilogrammes per hectare annually
Up to 6061 to 120121 to 240Over 240
Mean annual excess winter rainfallRate of application of lime (ground limestone or equivalent)Annual lossKg/haAnnual lossKg/haAnnual lossKg/haAnnual lossKg/ha
mmtonnes per hectareCaCO3CaOCaCO3CaOCaCO3CaOCaCO3CaO
Up to 7.4240140390210600340900500
Up to 2507.5 to 12.4300180450250680380970540
12.5 and over4002305503007704301,070600
Up to 7.44902806403608704901,170650
260 to 5007.5 to 12.46803808204601,0405901,340750
12.5 and over9205101,0705901,2807201,580890
Up to 7.48905001,0405801,2607001,560880
Over 5007.5 to 12.41,2306901,3707701,5908901,9001,050
12.5 and over1,7109301,8501,0402,0701,1502,3701,330

(2) For the purpose of sub-paragraph (1) above, the cost shall not be regarded as reasonable if it exceeds the estimated cost (including the cost of delivery and application) of the equivalent in ground limestone or chalk, whichever is the cheaper, of an application of 7.5 tonnes per hectare of calcium oxide unless a heavier dressing or alternative material was applied following and in accordance with scientific advice relating to the condition of the soil.

(3) (a) Where the soil characteristics and high excess winter rainfall taken together are such as to be major causes of rapid leaching of calcium from the soil, the value shall be nil at the end of four years after application of the lime; and

(b)in every other case, the value shall be nil at the end of eight years after application of the lime.

(4) In this paragraph and Table 1—

(a)the expression “limeincludes chalk;

(b)excess winter rainfall” means the amount of rain falling between the date in autumn when the soil reaches field capacity and the end of March in the following year, less the amount of the evapotranspiration from the soil during that period, as is indicated by the data on such rainfall, including data of mean annual excess winter rainfall, in relation to different areas of England and Wales produced from time to time by the Meteorological Office.

6Application to land of purchased manure and fertiliser, whether organic or inorganic

APurchased fertilisers containing nitrogen, phosphate or potash

I.  Fertilisers other than bulky organic manures:

(1) Where no crop has been taken from the land since the fertiliser was applied, the value shall be the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application).

(2) Where one crop or more has been taken from the land since the fertiliser was applied, the value shall be,—

(a)for nitrogen contained in the fertiliser, nil;

(b)subject as provided below, for each Unit of phosphoric acid (as P2O5) contained in the fertiliser, the amount calculated in accordance with Table 2 below:

Provided that—

(i)where a phosphatic fertiliser contains less than one-tenth of its total phosphoric acid content in an insoluble form, as indicated by the solubility test appropriate to that fertiliser, its total phosphoric acid content shall be treated as soluble;

(ii)where a phosphatic fertiliser other than a fertiliser specified and applied as described in items 2(a), 2(b)(i) or 3(a) in Table 2 contains more than one-tenth of its total phosphoric acid content in an insoluble form, the value shall be restricted to and determined only for each Unit of phosphoric acid in soluble form in that fertiliser;

(iii)for the purpose of this sub-paragraph, permanent grassland shall be taken to mean grassland which at the termination of the tenancy has been established for five or more years;

(iv)in the case of land situated in an area in which rapid fixation of phosphate occurs, the foregoing provisions of this sub-paragraph shall not apply and the value for each Unit of phosphoric acid contained in fertiliser applied to that land shall be the residual value (if any) determined in accordance with scientific evidence and by reference to the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application);

(c)for each Unit of potash (K2O) contained in the fertiliser, the amount calculated in accordance with Table 3 below:

Provided that—

(i)where a vegetable crop has been produced from the land following the application of the fertiliser and the majority of the stem and leaf was removed, the value shall be nil, but where the said majority was left on the land, the value shall be calculated in accordance with item 1 in Table 3, and where an intermediate proportion of stem and leaf was removed, the value shall be calculated in accordance with such proportion;

(ii)in the case of land comprised in holdings which are entirely or mainly horticultural holdings, the value shall be calculated in accordance with item 1 in Table 3.

(3) For the purposes of sub-paragraph (2) above, a Unit of nutrient (phosphoric acid (as P2O5) or, as the case may be, potash (K2O)) is the amount of nutrient contained in one per cent of a tonne of fertiliser calculated on the basis of the percentage content of the nutrient in the fertiliser as stated in the relevant statutory statement given in relation to the fertiliser under section 68 of the Agriculture Act 1970.

TABLE 2
Unit Value of Phosphoric acid (as P2O5) in one per cent of a tonne of fertiliser
After
Nature of fertiliser
ONETWOTHREE
growing seasons
ppp
1. Organic forms and inorganic forms (including basic slag) but excluding rock phosphates and calcined calcium aluminium phosphate1427135
2. `Soft' ground rock phosphates(2) applied in—
(a) areas with a mean excess winter rainfall(3) of 450mm or more1427135
(b) areas with a mean excess winter rainfall(4) of less than 450mm
(i) Permanent grassland1427135
(ii) Other cropsnilnilnil
3. Other ground rock phosphates applied in—
(a) areas with a mean excess winter rainfall(5) of 450mm or more353535
(b) areas with a mean excess winter rainfall(6) of less than 450mmnilnilnil
4. Calcined calcium aluminium phosphateThe value, if any, shall be such as may be determined in accordance with scientific evidence

II.  Bulky organic manures brought on to the holding:

Subject to sub-paragraphs (3) and (4) below, the values of bulky organic manures brought on and applied to the holding shall be in accordance with the provisions of sub-paragraphs (1) and (2) below:—

(1) Farmyard manure:

(a)Where no payment was made for the manure and—

(i)no crop has been taken from the land since the manure was applied, the value shall be the cost of delivery and application;

(ii)one crop or more has been taken from the land since the manure was applied, the value shall be, after the first growing season, one-half,

TABLE 3
Unit Value of Potash (K2O) in one per cent of a tonne of fertiliser
After
Type of crops to which fertiliser applied
ONETWOTHREE
growing seasons
ppp
1. Applied to arable crops (except forage crops) and all root crops where tops are left on the land, except potatoes (see also 4 below)6633nil
2. Applied to leys, permanent grassland or forage crops which are grazed or the product cut and fed on the holding6633nil
3. Applied to leys and permanent grassland the product of which is cut and removed from the holdingnilnilnil
4. Applied to roots (including potatoes) and forage crops which are removed from the holdingnilnilnil

and after the second growing season, one-quarter, of the cost of delivery and application, and thereafter, nil;

(b)Where payment was made for the manure and—

(i)no crop has been taken from the land since the manure was applied, the value shall be the cost of the manure as applied to the land (including the cost of delivery and application);

(ii)one crop or more has been taken from the land since the manure was applied, the value shall be, after the first growing season, one-half, and after the second growing season, one-quarter, of the said cost, and thereafter, nil:

Provided that the value of any type of manure specified in Table 4 below shall not exceed the value specified in relation to that type in the appropriate circumstances set out in that Table.

TABLE 4
Value per tonne of purchased farmyard manure
Type of manureNo crop offAfter one growing seasonAfter two growing seasonsAfter three growing seasons
pppp
Cattle (FYM)430215108nil
Horse (stable manure)490245123nil
Pig (FYM)475238119nil
Poultry (deep litter)980490245nil
Poultry (broiler manure)1,165583291nil

(2) Slurry:

Where manure is brought on and applied to the land in the form of slurry, the value shall be the reasonable cost of cartage (if any) and application.

(3) No compensation shall be payable under sub-paragraph (1) or (2) above in respect of the excess (if any) of the rates of application set out in the second column below in relation to the type of bulky organic manure specified in the first column below:—

Bulky Organic Manure
(1)(2)
Type applied Application per hectare per annum
Cattle, horse or pig manure50 tonnes
Deep litter poultry manure18 tonnes
Broiler poultry manure12.5 tonnes

(4) No value shall be given to, and no compensation shall be payable in respect of, any purchased manure applied to land during the last year of the tenancy after the last crop was removed from that land unless such application was made at the written request, or with the written consent, of the landlord.

BMagnesium and copper

(1) (a) (i) Subject to sub-paragraph (b) of this paragraph, where magnesium (in whatever chemical compound form) has been applied to land following and in accordance with scientific advice, the value of the magnesium so applied shall be taken to be the amount (if any) by which the net cost (including the cost of delivery and application) of the quantity of calcined magnesite required to provide the same quantity of magnesium as was actually applied (such net cost being calculated by reference to average prices and costs prevailing at the time of the purchase, delivery and application respectively, of the magnesium) exceeds the net cost (including, and calculated, as aforesaid) of the quantity of calcined magnesite which would provide 60 kilogrammes of magnesium per hectare.

(ii)After the first, second and third growing seasons following application of the magnesium, the value calculated in accordance with sub-paragraph (a)(i) above shall be reduced to three-quarters, one-half and one-quarter, respectively, and to nil thereafter.

(b)Sub-paragraph (a) above shall not apply to magnesium applied to land in the form of a magnesian fertiliser specified in Group 5 of Section A of Schedule 1 to the Fertilisers Regulations 1977.

(2) (a) Subject to sub-paragraph (b) below, where copper (in whatever chemical compound form) has been applied to land following and in accordance with scientific advice, the value of the copper so applied shall be taken to be the amount (if any) by which the net cost (including the cost of delivery and application) of the quantity of hydrated copper sulphate required to provide the same quantity of copper as was actually applied (such net cost being calculated by reference to average prices and costs prevailing at the time of the purchase, delivery and application, respectively, of the copper) exceeds the net cost (including, and calculated, as aforesaid) of the quantity of hydrated copper sulphate which would provide six kilogrammes of copper per hectare;

(b)The value of copper applied calculated in accordance with sub-paragraph (a) above shall be reduced by one-eighth for each year following application of the copper.

7.  Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuffs not produced on the holding by horses, cattle, sheep, pigs or poultry

(1) The values per tonne of feeding stuff consumed on the holding set out in Tables 5(a), (b), (c), (d), (e), (f), (g), (h) and (j) below shall apply in all cases where feeding stuffs are fed to the animals and poultry specified in those Tables in buildings or open yards and the manure, whether farmyard manure or in the form of slurry, is stored under average conditions.

(2) Where the conditions of storage of the manure are other than average, or where the feeding stuffs are fed directly on the land, the values set out in the said Tables 5(a)–(j) shall be adjusted in accordance with Table 6 below.

(3) For the purpose of sub-paragraphs (1) and (2) above and the said Tables 5(a)–(j), the expression “closed slurry” means slurry stored under slats or in a covered container.

TABLE 5(a

Cattle, Calves and Sheep—Farmyard Manure

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Grass hay355177618931
2. Clover hay4322169010845
3. Dried grass48224110112151
4. Dried lucerne49424710712353
5. Straw12663303115
6. Mangels56289144
7. Swedes42219114
8. Turnips43219114
9. Potatoes804015208
10. Sugar beet pulp (dried—molassed)282141497024
11. Sugar beet pulp (wet—double pressed 18% DM)562810145
12. Brewers grains (wet)7537371919
13. Field beans41820915710479
14. Field peas3181591178059
15. Barley206103755137
16. Wheat19095774839
17. Oats19799804940
18. Maize14974583729
19. Rice meal210105885344
20. Middlings/Bran41420716110380
21. Cassava (Manioc)6934231711
22. Hominy chop2791391057053
23. Locust beans13266373318
24. Citrus pulp15678473923
25. Fish meal1,477738683369341
26. Soya bean meal620310211155105
27. Decorticated cotton cake709355294177147
28. Undecorticated cotton cake570285224142112
29. Linseed cake/meal534267201134100
30. Palm kernel cake/meal 2791391187059
31. Coconut cake/meal50225115012675
32. Decorticated groundnut cake526263200131100
33. Rapeseed cake/meal624312246156123
34. Meat meal1,380690662345331
35. Meat and bone meal1,752876805438403
36. Dried skimmed milk597299214149107
37. Skimmed milk (liquid)5829211510
38. Liquid whey2713774
39. Liquid urea4252128610643
40. Urea1,27863963900
41. Compounded cake: for each 1% CP20.710.38.25.24.1

TABLE 5(b

Cattle, Calves and Sheep—Farmyard Manure

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
pppp
1. Grass hay366183468012
2. Clover hay434217689218
3. Dried grass4832417610320
4. Dried lucerne4892447810219
5. Straw1216122245
6. Mangels59307143
7. Swedes44227102
8. Turnips4322792
9. Potatoes824111183
10. Sugar beet pulp (dried—molassed)28214132594
11. Sugar beet pulp (wet—double pressed 18% DM)57286121
12. Brewers grains (wet)603030109
13. Field beans3691851236837
14. Field peas279140905025
15. Barley18894613720
16. Wheat17085643322
17. Oats17386643221
18. Maize13266462515
19. Rice meal18794733626
20. Middlings/Bran3841921388052
21. Cassava (Manioc)653319147
22. Hominy chop258129895333
23. Locust beans1246228257
24. Citrus pulp1427134268
25. Fish meal1,355678612288255
26. Soya bean meal55527816010244
27. Decorticated cotton cake63231624412286
28. Undecorticated cotton cake52526219110771
29. Linseed cake/meal4792401619152
30. Palm kernel cake/meal242121964432
31. Coconut cake/meal48424212210141
32. Decorticated groundnut cake4452231487437
33. Rapeseed cake/meal55727820010667
34. Meat meal1,275638605278261
35. Meat and bone meal1,653827743369327
36. Dried skimmed milk56028018011565
37. Skimmed milk (liquid)542717116
38. Liquid whey2814663
39. Liquid urea40520353783
40. Urea75237637600
41. Compounded cake: for each 1% CP18.99.47.03.82.6

TABLE 5(c

Cattle, Calves and Sheep—Open Slurry

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Grass hay297149396510
2. Clover hay353176577516
3. Dried grass393196648418
4. Dried lucerne397199668317
5. Straw994918205
6. Mangels48246112
7. Swedes3618682
8. Turnips3518682
9. Potatoes673410153
10. Sugar beet pulp (dried—molassed)22711326474
11. Sugar beet pulp (wet—double pressed 18% DM)4523591
12. Brewers grains (wet)51262598
13. Field beans3081541055833
14. Field peas232116764223
15. Barley15779523118
16. Wheat14472552820
17. Oats14573552719
18. Maize11156402113
19. Rice meal15980633223
20. Middlings/Bran3261631196846
21. Cassava (Manioc)552716116
22. Hominy chop218109774529
23. Locust beans1025123206
24. Citrus pulp1165828227
25. Fish meal1,174587534253227
26. Soya bean meal4592291358639
27. Decorticated cotton cake53526821010577
28. Undecorticated cotton cake4452221659263
29. Linseed cake/meal4012011387846
30. Palm kernel cake/meal204102823828
31. Coconut cake/meal4012011058437
32. Decorticated groundnut cake3691841256333
33. Rapeseed cake/meal4692341729160
34. Meat meal1,112556530246232
35. Meat and bone meal1,438719652324291
36. Dried skimmed milk4702351559858
37. Skimmed milk (liquid)45231595
38. Liquid whey2311652
39. Liquid urea32516243633
40. Urea59829929900
41. Compounded cake: for each 1% CP16.08.06.03.32.3

TABLE 5(d

Pigs—Farmyard Manure

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Dried grass47023510711853
2. Potatoes773916198
3. Field beans43021516710784
4. Field peas3311661278364
5. Barley208104785239
6. Wheat203102855143
7. Oats202101845042
8. Maize16180654033
9. Rice meal217108935446
10. Middlings/Bran42321116910685
11. Cassava (Manioc)6834231712
12. Fish meal1,383692641346320
13. Soya bean meal57929019914599
14. Decorticated cotton cake736368312184156
15. Undecorticated cotton cake579289234145117
16. Linseed cake/meal552276216138108
17. Palm kernel cake/meal2941471287364
18. Decorticated groundnut cake556278221139110
19. Rapeseed cake/meal644322262161131
20. Meat meal1,383691666346333
21. Meat and bone meal1,766883818441409
22. Dried skimmed milk840420343210172
23. Skimmed milk (liquid)8442352117
24. Liquid whey2613774
25. Compounded cake: for each 1% CP21.210.68.75.34.3

TABLE 5(e

Pigs—Closed Slurry

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Dried grass462231799620
2. Potatoes783912173
3. Field beans3711851296537
4. Field peas282141964825
5. Barley18693633620
6. Wheat17688683222
7. Oats17487663121
8. Maize13869512415
9. Rice meal19095763626
10. Middlings/Bran3851931437752
11. Cassava (Manioc)643219137
12. Fish meal1,295647587285255
13. Soya bean meal5212611539844
14. Decorticated cotton cake64132125511986
15. Undecorticated cotton cake52426219610471
16. Linseed cake/meal4832421708852
17. Palm kernel cake/meal2481241024332
18. Decorticated groundnut cake4572291607137
19. Rapeseed cake/meal56228121010367
20. Meat meal1,274637607276261
21. Meat and bone meal1,655827751365327
22. Dried skimmed milk69434725611165
23. Skimmed milk (liquid)693425116
24. Liquid whey2713763
25. Compounded cake: for each 1% CP19.09.57.23.72.6

TABLE 5(f

Pigs—Open Slurry

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Dried grass376188677818
2. Potatoes643210143
3. Field beans3091551105633
4. Field peas235117814123
5. Barley15678543018
6. Wheat14874592820
7. Oats14673572719
8. Maize11558432113
9. Rice meal16180663123
10. Middlings/Bran3261631236646
11. Cassava (Manioc)532716116
12. Fish meal1,125563514251227
13. Soya bean meal4322161308239
14. Decorticated cotton cake54327121910377
15. Undecorticated cotton cake4442221699063
16. Linseed cake/meal4052021457546
17. Palm kernel cake/meal210105873828
18. Decorticated groundnut cake3781891356033
19. Rapeseed cake/meal4722361798860
20. Meat meal1,112556532244232
21. Meat and bone meal1,439719658321291
22. Dried skimmed milk5772892169558
23. Skimmed milk (liquid)57282195
24. Liquid whey2211652
25. Compounded cake: for each 1% CP16.18.06.23.22.3

TABLE 5(g

Poultry—Farmyard Manure

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Dried grass430215759020
2. Field beans3531761246337
3. Field peas269135934625
4. Barley17587593420
5. Wheat16683653122
6. Oats16381633021
7. Maize12964482415
8. Rice meal18392743526
9. Middlings/Bran3661831377552
10. Cassava (Manioc)603018127
11. Fish meal1,262631575283255
12. Soya bean meal4852421439344
13. Decorticated cotton cake61931024911786
14. Undecorticated cotton cake50425219110271
15. Linseed cake/meal4632311658552
16. Palm kernel cake/meal240120994232
17. Decorticated groundnut cake4352181556937
18. Rapeseed cake/meal53927020410067
19. Meat meal1,244622594275261
20. Meat and bone meal1,613807736362327
21. Compounded cake: for each 1% CP18.39.27.13.62.6

TABLE 5(h

Poultry—Closed Slurry

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Dried grass4612053910320
2. Field beans342136746837
3. Field peas260100515025
4. Barley17474413720
5. Wheat16066453322
6. Oats15864423221
7. Maize12550302515
8. Rice meal17773533626
9. Middlings/Bran3641591058052
10. Cassava (Manioc)612713147
11. Fish meal1,244576510288255
12. Soya bean meal4892058710244
13. Decorticated cotton cake59724417312286
14. Undecorticated cotton cake49821414210771
15. Linseed cake/meal4521831059152
16. Palm kernel cake/meal22789644432
17. Decorticated groundnut cake411149747437
18. Rapeseed cake/meal52321313510667
19. Meat meal1,212556523278261
20. Meat and bone meal1,591738654369327
21. Compounded cake: for each 1% CP18.07.65.13.82.5

TABLE 5(j

Poultry—Open Slurry

After one growing seasonAfter two growing seasons
Feeding stuffNo crop offof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holdingof arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the landof leys, permanent grassland, roots or forage crops where the product is removed from the holding
ppppp
1. Dried grass375168358418
2. Field beans287115665833
3. Field peas21785454223
4. Barley14663363118
5. Wheat13657402820
6. Oats13355372719
7. Maize10543272113
8. Rice meal15163473223
9. Middlings/Bran309137936846
10. Cassava (Manioc)512312116
11. Fish meal1,085506453253227
12. Soya bean meal406172788639
13. Decorticated cotton cake50821115310577
14. Undecorticated cotton cake4231841269263
15. Linseed cake/meal379156937846
16. Palm kernel cake/meal19377573828
17. Decorticated groundnut cake342126666333
18. Rapeseed cake/meal4421821209160
19. Meat meal1,062491465246232
20. Meat and bone meal1,389648581324291
21. Compounded cake: for each 1% CP15.36.64.63.32.3

TABLE 6

Method of storage of FYM and slurry

Adjustment to Tables
Manure stored under ideal conditions:
FYMIncrease by up to 20 per cent
Slurry (`closed' storage)Increase by up to 10 per cent
Manure stored under adverse conditions:
FYMReduce by up to 40 per cent
SlurryReduce by up to 50 per cent figures in `open slurry' Tables
Feeding stuffs fed directly on the landIncrease by 15 per cent figures in `closed slurry' Tables

PART II

Growing crops and severed or harvested crops and produce, being in either case crops or produce grown on the holding in the last year of the tenancy, but not including crops or produce which the tenant has a right to sell or remove from the holding

8.—(1) Growing crops:—

(a)The value of growing crops, except root and green crops of a kind normally grown on a holding held under an autumn tenancy, shall be the reasonable cost of seeds sown, and cultivations, fallows and acts of husbandry performed, calculated in accordance with the provisions of paragraph 9 below;

(b)The value of growing root and green crops of a kind normally grown on a holding held under an autumn tenancy shall be the average market value on the holding of good quality crops, less the manurial value thereof calculated in accordance with Tables 5(a)–(j) above on the basis of `no crop off':

Provided that if the value so calculated exceeds the actual value to an incoming tenant in any case where—

(i)the crops are of inferior quality, or

(ii)the quantity of any kind of crops exceeds the quantity reasonably required for the system of farming practised on the holding,

the value so calculated shall be reduced so as not to exceed such actual value;

(c)In the case of—

(i)autumn-sown crops where the land was held under a spring tenancy, and

(ii)grass and clover seeds sown on land held under a spring or autumn tenancy from which no crop has been taken before termination of the tenancy,

the value shall be increased by an additional amount representing the enhancement of the value to an incoming tenant of the growing crop, but such additional amount shall not in any case exceed the rental value, at the termination of the tenancy, of the land sown to the crop, such rental value to be calculated by reference to the same matters and criteria as are by section 8 of the Act required to be taken into consideration or applied for the determination of the rent of a holding pursuant to that enactment:

Provided that if the area of any such crop exceeds the area of such crop which would normally be grown on the holding, having regard to the character and type of the holding and the terms of the tenancy (hereinafter referred to as “the normal area”) the foregoing provisions of this sub-paragraph shall apply only to the normal area of such crop.

(2) For the purposes of sub-paragraph (1) above “spring tenancy” means a yearly tenancy the last yearly term of which commenced between 1st January and 30th June inclusive, and “autumn tenancy” means a yearly tenancy the last yearly term of which commenced between 1st September and 31st December inclusive.

(3) Served or harvested crops and produce:—

The value shall be the market value for consumption by agricultural livestock on the holding of hay, fodder crops, straw, roots and other crops or produce of good quality less the manurial value thereof calculated in accordance with Tables 5(a)–(j) above on the basis of `no crop off':

Provided that if the value so calculated exceeds the actual value to an incoming tenant in any case where—

(a)the crops or produce are of inferior quality; or

(b)the quantity of any kind of crops or produce exceeds the quantity reasonably required for the system of farming practised on the holding; or

(c)the crops or produce are not left in convenient or proper places on the farm; or

(d)any hay or straw is not properly stacked and thatched or otherwise protected,

the value so calculated shall be reduced so as not to exceed such actual value.

Seeds sown and cultivations, fallows and acts of husbandry performed on the holding at the expense of the tenant

9.—(1) The value shall be the reasonable cost of seeds sown and of cultivations, fallows and acts of husbandry performed, taking into account—

(a)normal current costs, having regard to the current agricultural wage, the cost of horse and tractor operations, the size and shape of the fields, and other relevant conditions;

(b)reasonable costs of hired tractor cultivations;

(c)increased costs over normal tractor rates, where owing to the size of the farm or fields, the shape of the fields, or to other special circumstances, it was reasonable to use horse labour;

but leaving out of account any expenditure incurred by the tenant up to and including the removal from the land of the last preceding crop and any rent paid by the tenant.

(2) For the purposes of sub-paragraph (1) above, the reasonable cost shall not be regarded as reduced merely because more than one operation was carried out by the tenant at the same time.

(3) Nothing in sub-paragraph (1) above shall be taken to limit the operation of this paragraph to any particular method of sowing nor to cultivations, fallows or acts of husbandry performed in any particular way.

Pasture laid down with clover, grass, lucerne, sainfoin or other seeds, being either—(a) pasture laid down at the expense of the tenant otherwise than in compliance with an obligation imposed on him by an agreement in writing to lay it down to replace temporary pasture comprised in the holding when the tenant entered thereon which was not paid for by him; or (b) pasture paid for by the tenant on entering on the holding

10.—(1) Where no crop has been removed either by mowing or by grazing, the value shall be the reasonable cost of seeds sown, and cultivations, fallows and acts of husbandry performed, calculated in accordance with paragraph 9 above, but also taking into account any expenditure incurred solely for the benefit of the pasture before the removal of any crop in or with which the pasture was sown.

(2) Where one crop or more has been removed either by mowing or by grazing, the value shall be the face value of the pasture, taking into account—

(a)present condition;

(b)management since sowing;

(c)situation on the holding;

(d)fencing;

(e)water supply;

(f)any other circumstances appearing to be relevant.

Acclimatisation, hefting or settlement of hill sheep on hill land

11.—(1) The value of hill sheep on hill land shall include such amount (if any) as represents the value attributable to the acclimatisation, hefting or settlement of the sheep on such land, but the said amount shall not in any case exceed a sum of four pounds per sheep.

(2) Any amount which may be included in the value of hill sheep under the provisions of the last foregoing sub-paragraph shall be apportioned and separately shown by the person carrying out the valuation as being attributable to the value of acclimatisation, hefting or settlement of such sheep.

Residual sod fertility value in certain districts

12.—(1) In this paragraph—

leys” means land laid down with clover, grass, lucerne, sainfoin or other seeds, but does not include permanent pasture;

continuously maintained leys” means leys continuously maintained as such for a period of three or more growing seasons since being laid down excluding, if the leys were undersown or autumn-sown, the calendar year in which the sowing took place; and, for the purpose of this definition, the destruction of a ley (by ploughing or some other means) followed as soon as practicable by re-seeding to a ley without sowing a crop in the interval between such destruction and such re-seeding shall be treated as not constituting a break in the continuity of the maintenance of the ley;

former leys” means arable land which within the three growing seasons immediately preceding the termination of the tenancy was ley which was continuously maintained ley before being destroyed by ploughing or some other means for the production of a tillage crop or crops;

qualifying leys” means continuously maintained leys and former leys or either of them;

the excess qualifying leys” means , subject as provided below, the area of qualifying leys on the holding at the termination of the tenancy which is equal to the area (if any) by which one-third of the aggregate of the areas of leys on the holding on the following dates, namely,—

(a)

at the termination of the tenancy,

(b)

on the date one year prior to such termination, and

(c)

on the date two years prior to such termination

exceeds the accepted proportion at the termination of the tenancy: Provided that for the purpose of this definition qualifying leys laid down at the expense of the landlord without reimbursement by the tenant or any previous tenant of the holding or laid down by and at the expense of the tenant pursuant to agreement by him with the landlord for the establishment of a specified area of leys on the holding as a condition of the landlord giving consent to the ploughing or other destruction of permanent pasture or pursuant to a direction given by an arbitrator on a reference under section 10(1) of the Act shall not be included in the area of qualifying leys on the holding at the termination of the tenancy;

the accepted proportion” means the area which represents the proportion which the aggregate area of the leys on the holding would be expected to bear to the area of the holding, excluding the permanent pasture thereon, in accordance with normal farming practice in the district or, if a greater proportion is provided for by or under the terms of the tenancy, that proportion.

(2) Where a holding is situated in a district in which the growing of a succession of tillage crops on the same arable land is normal farming practice, the residual fertility value of the sod of the excess qualifying leys on the holding shall be calculated (subject to sub-paragraph (3) below) as follows:—

(a)in respect of continuously maintained leys, £18 per hectare if any herbage has been cut and removed in the last growing season before the termination of the tenancy and £30 per hectare if the sward was, during such last growing season, grazed only;

(b)in respect of continuously maintained leys, the values specified in sub-paragraph (a) above shall be increased by £6 per hectare for each additional growing season over three growing seasons for which the leys have been established, but such increase shall not exceed in aggregate £36 per hectare if any herbage was cut and removed during the last growing season before the termination of the tenancy and shall not exceed £48 per hectare if the herbage was, during such last growing season, grazed only;

(c)in respect of any former ley sown to a first crop in the last growing season before the termination of the tenancy, the value shall be the value specified in sub-paragraphs (a) and (b) above according to the period for which the ley had been established before it was ploughed or otherwise destroyed and to whether the herbage was cut and removed, or grazed only, in the last growing season before the ley was ploughed or otherwise destroyed;

(d)in respect of any former ley to which sub-paragraph (c) above does not apply,—

(i)(aa)if only one arable crop was removed from the land following ploughing or other destruction of the ley, the value shall be two-thirds of the value specified in sub-paragraphs (a) and (b), and

(bb)if only two arable crops were removed from the land following ploughing or other destruction of the ley, the value shall be one-third of the value specified in sub-paragraphs (a) and (b),

according, in each case, to the period for which the ley had been established before it was ploughed or otherwise destroyed and to whether the herbage was cut and removed, or grazed only, in the last growing season before the ley was ploughed or otherwise destroyed; and

(ii)if more than two arable crops were removed from the land following ploughing or other destruction of the ley, the value shall be nil.

(3) Where the tenant is entitled to compensation in respect of a ley both under sub-paragraph (2) of paragraph 10 above and under sub-paragraph (2)(a) and, if applicable, sub-paragraph (2)(b) of this paragraph, the aggregate of the respective values per hectare thereunder, taken together, shall not exceed £148 per hectare.

Regulation 5

SCHEDULE 2

Regulations revokedReferences
1. The Agriculture (Calculation of Value for Compensation) Regulations 1969.S.I. 1969/1704
2. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1972.S.I. 1972/864
3. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1975.S.I. 1975/11
4. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1976.S.I. 1976/818

EXPLANATORY NOTE

These Regulations, which come into operation on 1st July 1978, make provision in respect of England and Wales for calculating the compensation payable to the outgoing tenant of an agricultural holding in respect of the short-term improvements and other matters set out in the Fourth Schedule to the Agricultural Holdings Act 1948, as varied by the Agricultural Holdings Act (Variation of Fourth Schedule) Order 1951 (S.I. 1951/2168) and the Agricultural Holdings Act 1948 (Variation of Fourth Schedule) Order 1978 (S.I. 1978/742). The last-mentioned Order added paragraph 12 to the Fourth Schedule providing a new head of compensation, namely, residual sod fertility value of certain qualifying leys on a holding in a district where it is normal farming practice to grow a succession of tillage crops on the same arable land. These Regulations include provisions for the calculation of that value.

The Agriculture (Calculation of Value for Compensation) Regulations 1969, as amended, which previously made provisions for the calculation of values, are revoked but without prejudice to their continued application in relation to tenancies terminating before 1st July 1978. Apart from minor drafting amendments, Regulation 4 (Reduction of compensation) is similar in effect to Regulation 4 of the 1969 Regulations and paragraphs 1, 2, 4, 9 and 10 of Schedule 1 reproduce the calculation of value provisions of similarly numbered paragraphs in the 1969 Regulations as subsequently amended.

Paragraphs 5 (Liming, including chalking), 6 (Application of purchased manure and fertilisers), 7 (Consumption of corn on the holding), 8 (Growing crops and severed or harvested crops and produce grown on the holding in the last year of the tenancy) and 11 (Acclimatisation, hefting or settlement of hill sheep on hill land) set out new or modified provisions for the calculation of the values of those matters. Paragraph 5 provides for the calculation of the value of liming, including chalking, and includes special provision for the calculation of value where soil characteristics and high excess winter rainfall together are major causes of rapid leaching of calcium from the soil. Paragraph 6 includes for the first time provisions for calculating the values of purchased magnesium and copper and makes different provisions for purchased bulky organic manures and for other purchased fertilisers. Paragraph 7 provides for the calculation of the value of feeding stuffs consumed, but not produced, on the holding, or corn whether produced on the holding or not, by cattle, horses, sheep or pigs, and, for the first time, by all poultry and not, as previously, only by poultry folded on the land as part of a system of farming practised on the holding. Paragraph 8 sets out different methods of calculating the values of growing crops and produce grown on the holding in the last year of the tenancy (other than crops or produce which the tenant has a right to sell or remove) according to whether they are root and green crops normally grown in an autumn tenancy, other crops in an autumn tenancy, autumn sown corps in a spring tenancy or grass and clover seeds sown in a spring or autumn tenancy from which no crop was taken, and also makes separate provision for calculation of the value of severed or harvested crops and produce. Paragraph 11 provides that the value of hill sheep on hill land shall include such amount (if any) as represents the value attributable to the acclimatisation, hefting or settlement of the sheep subject to a maximum of four pounds (instead of two pounds as previously). Paragraph 12(2) sets out the methods of calculating the residual sod fertility value of the excess qualifying leys (as defined in paragraph 12(1) and this differs according to circumstances as described in that paragraph. Paragraph 12(3) imposes a limit on the aggregate of values under paragraph 12(2)(a) and (b) and paragraph 10(2) (face value) in respect of the same ley.

The Regulations apply (except so far as excluded, in relation to the matters in Part II of Schedule 1 to the Regulations, by a written contract of tenancy) whenever the tenancy of the tenant claiming compensation terminates on or after 1st July 1978; in relation to tenancies terminating before that date, the Agriculture (Calculation of Value for Compensation) Regulations 1969, as amended, continue to apply with a similar exception.

(1)

In the case of the Secretary of State for Wales, by virtue of Article 2(1) of the Transfer of Functions (Wales) (No. 1) Order 1978.

(2)

`Soft' ground rock phosphates in this Table means the material of that name described in Group 2(a) in Section A of Schedule 1 to the Fertilisers Regulations 1977.

(3)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

(4)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

(5)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.

(6)

Data of the mean excess winter rainfall in different areas of England and Wales are produced by the Meteorological Office.