The Agricultural Holdings (Units of Production) (England) Order 2021

Assessment of productive capacity of land

2.—(1) Paragraphs (2) and (3) have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England in order to determine whether that unit is a commercial unit of agricultural land within the meaning of paragraph 3(1) 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, farm arable crop, outdoor horticultural crop or fruit as is mentioned in any of the entries 1 to 3 in Column 1 of the Schedule—

(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in Column 2; and

(b) the amount determined, for the period of 12 months beginning with 23rd February 2021, as the net annual income from that unit of production in that period is the amount in the corresponding entry in Column 3, as read with any relevant note to the Schedule.

(3) Where the land in question is capable, when farmed under competent management, of producing a net annual income and was an eligible hectare in 2019 in accordance with entry 4 in Column 1 of the Schedule—

(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in Column 2; and

(b) the amount determined, for the period of 12 months beginning with 23rd February 2021, as the net annual income from that unit of production in that period is the amount in the corresponding entry in Column 3.