The Agriculture (Calculation of Value for Compensation) Regulations 1978

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.