http://www.legislation.gov.uk/wsi/2001/3064/madeThe Agricultural Holdings (Units of Production) (Wales)(No.3) Order 2001MeatKing's Printer of Acts of Parliament2014-10-09LANDLORD AND TENANT, WALESThis 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 2001 to 11th September 2002 inclusive.Welsh Statutory Instruments2001 No. 3064 (W. 253 )LANDLORD AND TENANT, WALESThe Agricultural Holdings (Units of Production) (Wales)(No.3) Order 2001Made4th September 2001Coming into force12th September 2001

In exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986

1986 c. 5.

, which are now vested in it, the National Assembly for Wales

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.

 hereby makes the following Order:—

Title, commencement and interpretation1.(1)

This Order may be cited as the Agricultural Holdings (Units of Production) (Wales) (No.3) Order 2001 and shall come into force on 12th September 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

OJ No. L312, 20.11.98, p.1, as last amended by Council Regulation (EC) No.1669/00 (OJ No.L193, 29.7.00, p.8).

;

“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

OJ No. L160, 26.6.99, p.1, as last amended by Council Regulation (EC) No. 1038/01 (OJ No.L145, 31.5.01, p.16).

;

“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

OJ No. L160, 26.6.99, p.21.

.

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 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, for the period of 12 months beginning with 12th September 2001, 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 2001, 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

1998 c. 38.

.

D. Elis-ThomasThe Presiding Officer of the National Assembly4th September 2001SCHEDULE

Articles 1(2) and 2

PRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME

Column 1

Column 2

Column 3

Farming use

Unit of production

Net annual income from unit of production £

1. Livestock

Dairy cows:

Channel Islands breeds

cow

296

Other breeds

cow

375

Beef breeding cows:

On eligible land under the Tir Mynydd Regulations 2001(a)

cow

51

Deduct £126 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 £20 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 £40 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.

On other land

cow

43

Beef fattening cattle (semi-intensive)

head

45

This is the figure for animals which would be kept for 12 months.

Deduct £91 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 £20 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 £40 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 £91 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 £91 from the figure in column 3, then making a pro rata adjustment of the resulting figure, then adding to that figure the sum of £91 and (where the net annual income includes a sum in respect of extensification premium) the sum of £20 (where the extensification premium is paid at the lower rate) or £40 (where the extensification premium is paid at the higher rate).

Dairy replacements

head

30

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.

Ewes:

On eligible land under the Tir Mynydd Regulations 2001.

ewe

10

Deduct £12 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.

On other land

ewe

11

Deduct £8 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.

Store lambs (including ewe lambs sold as shearlings)

head

0.87

Pigs:

Sows and gilts in pig

sow or gilt

70

Porker

head

1.37

Cutter

head

2.59

Bacon

head

3.79

Poultry:

Laying hens

bird

0.90

Broilers

bird

0.09

Point-of-lay pullets

bird

0.20

Christmas turkeys

bird

1.27

2. Farm arable crops

Barley

hectare

140

Deduct £219 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.

Beans

hectare

158

Deduct £253 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

Herbage seed

hectare

125

Linseed

hectare

22

Deduct £264 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

Oats

hectare

163

Deduct £219 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

Oilseed rape

hectare

82

Deduct £258 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

Peas:

Dried

hectare

200

Deduct £253 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

Vining

hectare

205

Potatoes:

First early

hectare

835

Maincrop (including seed)

hectare

860

Sugar Beet

hectare

250

Wheat

hectare

197

Deduct £220 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

3. Outdoor horticultural crops

Broad beans

hectare

410

Brussels sprouts

hectare

1505

Cabbage, savoys and sprouting broccoli

hectare

1730

Carrots

hectare

2270

Cauliflower and winter broccoli

hectare

975

Celery

hectare

8255

Leeks

hectare

2945

Lettuce

hectare

4150

Onions:

Dry bulb

hectare

1305

Salad

hectare

4125

Outdoor bulbs

hectare

1600

Parsnips

hectare

2591

Rhubarb (natural)

hectare

4845

Turnips and swedes

hectare

1210

4. Protected crops

Forced narcissi

1000 square metres

6980

Forced tulips

1000 square metres

7175

5 Orchard fruit

Apples:

Cider

hectare

420

Cooking

hectare

1275

Dessert

hectare

1250

Cherries

hectare

690

Pears

hectare

965

Plums

hectare

1215

6. Soft fruit

Blackcurrants

hectare

740

Raspberries

hectare

3000

Strawberries

hectare

3500

7. Miscellaneous

Hops

hectare

1670

8. Set-aside

For the marketing year 2001 / 2002 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 directly intended for human or animal consumption.

hectare

28

NOTES TO THE SCHEDULE

Article 2(4)

Note to column 1

Notes to column 3

(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 2001 to 11th September 2002 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.