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The Agricultural Holdings (Units of Production) (Wales) (No.2) Order 2001

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Welsh Statutory Instruments

2001 No. 2983 (W. 250 )

LANDLORD AND TENANT, WALES

The Agricultural Holdings (Units of Production) (Wales) (No.2) Order 2001

Made

29th August 2001

Coming into force

31st August 2001

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, the National Assembly for Wales(2) hereby makes the following Order:-

Title, commencement and interpretation

1.—(1) This Order may be cited as the Agricultural Holdings (Units of Production) (Wales)(No.2) Order 2001 and shall come into force on 31st August 2001.

(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:

  • “Council Regulation 2467/98” (“Rheoliad 2467/98 y Cyngor”) means Council Regulation (EC) No. 2467/98 on the common organisation of the market in sheepmeat and goatmeat(3);

  • “Council Regulation 1251/99” (“Rheoliad 1251/99 y Cyngor”) means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops(4);

  • “Council Regulation 1254/99” (“Rheoliad 1254/99 y Cyngor”) means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal(5).

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 7 in column 1 of the Schedule, then —

(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 determined, forthe period of 12 months beginning with 12th September 2000, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.

(3) Where land capable, when farmed under competent management, of producing a net annual income is designated as set aside land, as is mentioned in entry 8 in column 1 of the Schedule, then —

(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 determined, for the period of 12 months beginning with 12th September 2000, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.

(4) The Schedule has effect subject to the Notes to the Schedule.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6).

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th August 2001

Articles 1(2) and 2

SCHEDULEPRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME

Column 1Column 2Column 3
Farming useUnit of productionNet annual income from unit of production £
NOTES TO THE SCHEDULE
Article 2(4)
Note to column
(1)

For the marketing year 2000 / 2001 this refers to 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.

Notes to column 3
(1)

Deduct £102 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 maintaining suckler cows (suckler cow premium) provided for in Article 6 of Council Regulation 1254/99.

Add £23 to the figure in column 3 in the case of animals for which the net annual income includes a sum in respect of the lower rate of extensification premium provided for in Article 13 of Council Regulation 1254/99.

Add £45 to the figure in column 3 in the case of animals for which the net annual income includes a sum in respect of the higher rate of extensification premium provided for in Article 13 of Council Regulation 1254/99.

(2)

This is the figure for animals which are kept for 12 months.

Deduct £83 in the case of animals which are kept for 12 months and for which the net annual income does not include a sum in respect of the special premium for holding male bovine animals (beef special premium) provided for in Article 4 of Council Regulation 1254/99.

Add £23 to the figure in column 3 in the case of animals which are kept for 12 months and for which the net annual income includes a sum in respect of the lower rate of extensification premium.

Add £45 to the figure in column 3 in the case of animals which would be kept for that period and for which the net annual income includes a sum in respect of the higher rate of extensification premium.

In the case of animals which are kept for less than 12 months and for which the net annual income does not include a sum in respect of beef special premium, the net annual income is to be calculated by deducting £83 from the figure in column 3 and then making a pro rata adjustment of the resulting figure.

In the case of animals which are kept for less than 12 months and for which the net annual income includes a sum in respect of beef special premium, the net annual income is to be calculated by first deducting £83 from the figure in column 3, then making a pro rata adjustment of the resulting figure, then adding to that figure the sum of £83 and (where the net annual income includes a sum in respect of extensification premium) the sum of £23 (where the extensification premium is paid at the lower rate) or £45 (where the extensification premium is paid at the higher rate).

(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 £16 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 Article 5 of Council Regulation 2467/98.

(5)

Deduct £12 from this figure in the case of animals for which the net annual income does not include a sum in respect of sheep annual premium.

(6)

Deduct £216 from this figure 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 £268 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(8)

Deduct £326 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(9)

Deduct £216 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(10)

Deduct £309 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(11)

Deduct £268 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(12)

Deduct £217 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

1. Livestock
Dairy cows:
Channel Islands breedscow250
Other breedscow308
Beef breeding cows:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1996(7)cow52(1)
On other landcow43(1)
Beef fattening cattle (semi-intensive)head45(2)
Dairy replacementshead30(3)
Ewes:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1996ewe16(4)
On other landewe18(5)
Store lambs (including ewe lambs sold as shearlings)head0.87
Pigs:
Sows and gilts in pigsow or gilt70
Porkerhead1.60
Cutterhead2.90
Baconhead4.10
Poultry:
Laying hensbird0.90
Broilersbird0.10
Point-of-lay pulletsbird0.20
Christmas turkeysbird1.44
2. Farm arable crops
Barleyhectare112(6)
Beanshectare113(7)
Herbage seedhectare155
Linseedhectare62(8)
Oatshectare137(9)
Oilseed rapehectare121(10)
Peas:
Driedhectare143(11)
Vininghectare237
Potatoes:
First earlyhectare675
Maincrop (including seed)hectare705
Sugar Beethectare288
Wheathectare179(12)
3. Outdoor horticultural crops
Broad beanshectare391
Brussels sproutshectare1525
Cabbage, savoys and sprouting broccolihectare1665
Carrotshectare2385
Cauliflower and winter broccolihectare1040
Celeryhectare7545
Leekshectare3070
Lettucehectare3950
Onions:
Dry bulbhectare1305
Saladhectare4263
Outdoor bulbshectare1682
Parsnipshectare2591
Rhubarb (natural)hectare3750
Turnips and swedeshectare1400
4. Protected crops
Forced narcissi1000 square metres7225
Forced tulips1000 square metres6790
5. Orchard fruit
Apples:
Ciderhectare495
Cookinghectare1275
Desserthectare1360
Cherrieshectare1085
Pearshectare1140
Plumshectare1180
6. Soft fruit
Blackcurrantshectare840
Raspberrieshectare2865
Strawberrieshectare3760
7. Miscellaneous
Hopshectare1850
8. Set-aside(1)
hectare26

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 2000 to 11th September 2001 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 this 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.

(2)

By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672), the functions of the Secretary of State for 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.

(3)

OJ No. L312, 20.11.98, p.1.

(4)

OJ No. L160, 26.6.99, p.1, as last amended by Council Regulation (EC) No.2704 / 1999 (OJ No. L327, 21.12.99, p.12).

(5)

OJ No. L160, 26.6.99, p.21.

(7)

S.I. 1996/1500, as amended by S.I. 1997/33, S.I. 1998/206, S.I. 1999 /375 and S.I. 1999 / 3316.

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