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Statutory Instruments

1989 No. 1400

LANDLORD AND TENANT

The Agricultural Holdings (Units of Production) Order 1989

Made

26th July 1989

Laid before Parliament

16th August 1989

Coming into force

12th September 1989

The Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Wales, in exercise of the powers conferred on them by sections 94(1) and 96(1) of and paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986(1), and of all other powers enabling them in that behalf, hereby make the following Order:–

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Agricultural Holdings (Units of Production) Order 1989 and shall come into force on 12th September 1989.

(2) Any reference in this Order to“the Schedule” shall be construed as a reference to the Schedule to this Order, and a reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.

Assessment of productive capacity of land

2.—(1) Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.

(2) Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop etc, as is mentioned in any entry in column 1 of the Schedule–

(a)the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and

(b)the amount which, for the period of 12 months beginning with 12th September 1989, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.

Revocation

3.  The Agricultural Holdings (Units of Production) Order 1988(2) is hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th July 1989.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Peter Walker

Secretary of State for Wales

25th July 1989

Articles 1(2) and 2

SCHEDULEPRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME

Column 1 Farming useColumn 2 Unit of productionColumn 3 Net annual income from unit of production
£
1. Livestock
Dairy cows:
Channel Islands breedscow174
Other breedscow221
Beef breeding cows:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1984(3) which is–
severely disadvantaged land or disadvantaged landcow73
On other landcow34
Beef fattening cattle (intensive)head55(1)
Dairy replacementshead50(1)
Other cattlehead40(1)
Calves fattened for vealhead20
Ewes:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1984 which is–
severely disadvantaged land or disadvantaged landewe7
On other landewe8
Store lambs (including ewe lambs sold as shearlings)head1.50
Goats (Dairy)goat68
Pigs:
Sows and gilts in pigsow or gilt55
Porkerhead2.40
Cutterhead3.40
Baconhead 4
Poultry:
Laying hensbird0.85
Broilersbird0.10
Caponsbird0.55
Point-of-lay pulletsbird0.20
Turkeysbird0.85
Ducksbird0.35
Rabbitsdoe10
2. Farm arable crops
Barleyhectare75
Beans or peas-stockfeedhectare92
Herbage seedhectare116
Linseedhectare85
Mixed cornhectare54
Oatshectare77
Oilseed rapehectare111
Peas:
Driedhectare95
Vininghectare130
Potatoes:
First earlyhectare460
Maincrop (including seed)hectare438
Ryehectare68
Sugar Beethectare200
Wheathectare95
3. Outdoor horticultural crops
Asparagushectare1550
Beans:
Broadhectare400
Frenchhectare300
Runnerhectare2200
Beetroothectare1130
Brussels sproutshectare900
Cabbage, Savoys and sprouting broccolihectare1000
Carrotshectare1455
Cauliflower and winter broccolihectare1200
Celeryhectare5100
Leekshectare2200
Lettucehectare2700
Nursery stock:
Container grown1000 square metres4490
Field grownhectare4800
Onions:
Dry bulbhectare1160
Saladhectare3200
Outdoor bulbshectare1550
Parsnipshectare1000
Rhubarb-naturalhectare2500
Turnips and swedeshectare400
Watercress1000 square metres3100
4. Protected crops
Single crop cycle:
Heated ornamentals1000 square metres10000
Fully heated vegetable (approximately 22°C lift in temperature,1000 square metres5800
Forced narcissus1000 square metres4000
Forced tulips1000 square metres5100
Mushrooms1000 square metres9200
Crop sequences:
Heated (approximately 18°C lift in temperature)1000 square metres4100
Heat assisted (approximately 8°C lift in temperature)1000 square metres3200
Unheated1000 square metres2300
5. Orchard fruit
Apples:
Ciderhectare300
Cookinghectare750
Desserthectare750
Cherrieshectare600
Pearshectare720
Plumshectare550
6. Soft fruit
Blackcurrantshectare710
Gooseberrieshectare750
Raspberrieshectare2300
Strawberrieshectare2500
7. Miscellaneous
Beescolony12
Deerbreeding hind16
Hopshectare700
Trout-for-tabletonne300
Vineshectare350

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 and sets out the amount which is to be regarded as the net annual income from each such unit for the year 12th September 1989 to 11th September 1990 inclusive. In so far as the units of production prescribed in the Order are relevant to the assessment they are to be used, in conjunction with the net annual income ascribed to them, in calculating the net annual income of the unit of land when assessing whether it is a commercial unit of agricultural land for the puposes of the succession provisions in Part IV of the Agricultural Holdings Act 1986, that is to say a unit of agricultural land which is capable, when farmed under competent management, of producing a net annual income not less than the aggregate of the average annual earnings of two full-time, male agricultural workers aged 20 or over, (see paragraph 3(1) of Schedule 6 to the Act). Therefore the assessment will not necessarily be based on the system of farming carried out on the holding or on historical data from the holding.

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.

The Order supersedes the Agricultural Holdings (Units of Production) Order 1988.

(2)

S.I. 1988/1428.

(3)

S.I. 1984/2024, to which there are amendments not relevant to this Order. (1) This amount relates to an animal (irrespective of age) which would be kept for 12 months. In the case of an animal which would be kept for less than 12 months a pro-rata adjustment of the amount is to be made.