2003 No. 2151
LANDLORD AND TENANT
ENGLAND

The Agricultural Holdings (Units of Production) (England) Order 2003

Made
Laid before Parliament
Coming into force
The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 19861, and now vested in her2 makes the following Order:

Title, commencement and interpretation1.

(1)

This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2003 and shall come into force on 12th September 2003.

(2)

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.

(3)

In this Order—

“Council Regulation 2529/01” means Council Regulation (EC) No. 2529/01 on the common organisation of the market in sheepmeat and goatmeat3;
“Council Regulation 1251/99” means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops4;
“Council Regulation 1254/99” means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal5.

Assessment of productive capacity of land2.

(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 England, 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 6 in column 1 of the Schedule to this Order, then—

(a)

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

(b)

the amount determined, for the period of 12 months beginning with 12th September 2003, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.

(3)

Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of the Schedule to this Order, then—

(a)

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

(b)

the amount determined, for the period of 12 months beginning with 12th September 2003, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry.

Revocation3.

The Agricultural Holdings (Units of Production) (England) Order 20026 is revoked.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs

SCHEDULEPRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME

Article 2

Column 1

Column 2

Column 3

Farming use

Unit of production

Net annual income from unit of production

£

Livestock1.

Dairy cows:

  • Channel Islands breeds

cow

373

  • Other breeds

cow

460

Beef breeding cows:

  • On less favoured area land under the Hill Farm Allowance Regulations 20037

cow

43(1)

  • On other land

cow

73(1)

Beef fattening cattle (semi-intensive)

head

75(2)

Dairy replacements

head

35(3)

Ewes:

  • On less favoured area land under the Hill Farm Allowance Regulations 2003

ewe

11(4)

  • On other land

ewe

19(5)

Store lambs (including ewe lambs sold as shearlings)

head

1.00

Pigs:

  • Sows and gilts in pig

sow or gilt

85

  • Porker

head

1.75

  • Cutter

head

3.25

  • Bacon

head

5.00

Poultry:

  • Laying hens

bird

1.00

  • Broilers

bird

0.12

  • Point-of-lay pullets

bird

0.25

  • Christmas Turkeys

bird

2.00

Farm arable crops2.

Barley

hectare

186(6)

Beans

hectare

169(7)

Herbage seed

hectare

100

Oats

hectare

190(8)

Oilseed rape

hectare

171(9)

Peas:

  • Dried

hectare

194(10)

  • Vining

hectare

175

Potatoes:

  • First early

hectare

800

  • Maincrop (including seed)

hectare

750

Sugar Beet

hectare

240

Wheat

hectare

223(11)

Outdoor horticultural crops3.

Broad beans

hectare

500

Brussels sprouts

hectare

1400

Cabbage, savoys and sprouting broccoli

hectare

1800

Carrots

hectare

2700

Cauliflower and winter broccoli

hectare

975

Celery

hectare

8000

Leeks

hectare

3200

Lettuce

hectare

4150

Onions:

  • Dry bulb

hectare

1305

  • Salad

hectare

3800

Parsnips

hectare

2850

Rhubarb (natural)

hectare

6000

Turnips and swedes

hectare

1300

Orchard fruit4.

Apples:

  • Cider

hectare

380

  • Cooking

hectare

1150

  • Dessert

hectare

1250

Cherries

hectare

800

Pears

hectare

900

Plums

hectare

1150

Soft fruit5.

Blackcurrants

hectare

800

Raspberries

hectare

3000

Strawberries

hectare

4000

Miscellaneous6.

Hops

hectare

1700

Forage Land7.

Eligible forage area as described in regulation 7 of the Hill Farm Allowance Regulations 2003

hectare

the amount of hill farm allowance required to be paid under the Hill Farm Allowance Regulations 2003

Set-aside8.

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.

hectare

51

NOTES TO THE SCHEDULE

(1)

Deduct £124 from the figure in column 3 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 on the common organisation of the market in beef and veal.

Add £25 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 £50 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 £105 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 £25 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 £50 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 £105 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 £105 from the figure in column 3, then making a pro rata adjustment of the resulting figure, then adding to that figure the sum of £105 and (where the net annual income includes a sum in respect of extensification premium) the sum of £25 (where the extensification premium is paid at the lower rate) or £50 (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 £18 from the figure in column 3 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 Articles 4 and 5 of Council Regulation 2529/01 on the common organisation of the market in sheepmeat and goatmeat.

(5)

Deduct £14 from the figure in column 3 in the case of animals for which the net annual income does not include a sum in respect of sheep annual premium.

(6)

Deduct £249 from the figure in column 3 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 £288 from the figure in column 3 in the case of land for which the net annual ncome does not include a sum in respect of area payment.

(8)

Deduct £249 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

(9)

Deduct £250 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

(10)

Deduct £291 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

(11)

Deduct £250 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment.

(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 England and sets out the amount which is to be regarded as the net annual income from each such unit for the year 12th September 2003 to 11th September 2004 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2002.

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 1986 Act: 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 describe 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.