http://www.legislation.gov.uk/wsi/2021/363/madeThe Agricultural Holdings (Units of Production) (Wales) Order 2021enKing's Printer of Acts of Parliament2021-03-23LANDLORD 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 12 September 2019 to 11 September 2020 for certain purposes of the Agricultural Holdings Act 1986 (“the 1986 Act”).Welsh Statutory Instruments2021 No. 363 (W. 111)Landlord And Tenant, WalesThe Agricultural Holdings (Units of Production) (Wales) Order 2021Made19 March 2021Laid before Senedd Cymru22 March 2021Coming into force12 April 2021

The Welsh Ministers, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986

1986 c. 5; section 96(1) of that Act defines “the Minister”.

and now vested in them

Functions conferred under the Agricultural Holdings Act 1986 were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

 make the following Order.

Title, application, commencement and interpretation1.(1)

The title of this Order is the Agricultural Holdings (Units of Production) (Wales) Order 2021, it applies in relation to Wales and comes into force on 12 April 2021.

(2)

In this Order—

“designated maps” (“mapiau dynodedig”) means the two volumes of maps numbered 1 and 2; each volume being marked “Volume of maps of less favoured farming areas in Wales” and with the number of the volume dated 20 May 1991 and signed by the Secretary of State for Wales and deposited at the offices of the Welsh Government, Cathays Park, Cardiff CF10 3NQ;

“disadvantaged land” (“tir dan anfantais”) (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the designated maps;

“eligible hectare” (“hectar cymwys”) has the same meaning as in Article 32(2) of Regulation 1307/2013;

“less favoured area” (“ardal lai ffafriol”) means any area of disadvantaged land or severely disadvantaged land;

“Regulation 1307/2013” (“Rheoliad 1307/2013”) means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy

OJ No L 347, 20.12.2013, p. 608 as last amended by Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 (OJ No L 437, 28.12.2020, p. 1); and corrected by Corrigendum, OJ No L 130, 19.5.2016, p. 8.

, as it has effect in EU law;

“severely disadvantaged land” (“tir dan anfantais ddifrifol”) means any area of land shown coloured pink on the designated maps.

Assessment of productive capacity of land2.(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 Wales, 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 to this Order, then—

(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 12 September 2019, 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 that Schedule.

(3)

Where land capable, when farmed under competent management, of producing a net annual income was an eligible hectare in 2018 in accordance with entry 4 in column 1 of the Schedule to this Order, then—

(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 12 September 2019, as the net annual income from that unit of production in that period is the amount in the corresponding entry in column 3.

Lesley GriffithsMinister for Environment, Energy and Rural Affairs, one of the Welsh Ministers19 March 2021SCHEDULE

Article 2

Prescribed units of production and determination of net annual income

column 1

Farming use

column 2

Unit of production

column 3

Net annual income from unit of production (£)

1. Livestock

Dairy cows

cow

622

Beef breeding cows:

on land in a less favoured area

cow

-159

on other land

cow

-193

Beef fattening cattle (semi-intensive)

head

-122

This is the figure for animals (irrespective of age) which are kept for 12 months. In the case of animals kept for less than 12 months, a pro rata adjustment of this figure is to be made.

Dairy replacements

head

108

Ewes:

on land in a less favoured area

ewe

-44

on other land

ewe

-12

Store lambs (including ewe lambs sold as shearlings)

head

4

Pigs:

sows and gilts in pig

sow or gilt

277

porker

head

8.60

cutter

head

11.70

bacon

head

14.20

Poultry:

laying hens

bird

4.20

broilers

bird

0.30

point-of-lay pullets

bird

0.70

Christmas turkeys

bird

7.90

2. Farm arable crops

Barley

hectare

107

Beans

hectare

185

Oilseed rape

hectare

34

Dried peas

hectare

50

Potatoes:

first early

hectare

2,070

maincrop (including seed)

hectare

2,510

Sugar beet

hectare

330

Wheat

hectare

150

3. Outdoor horticultural crops and fruit

Orchard fruit

hectare

2,130

Soft fruit

hectare

7,960

4. Eligible hectares

Land which was in 2018, an eligible hectare for the purposes of Regulation 1307/2013

severely disadvantaged land

hectare

128.68

disadvantaged land

hectare

94.59

all other land

hectare

39.30

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 12 September 2019 to 11 September 2020 for certain purposes of the Agricultural Holdings Act 1986 (“the 1986 Act”).

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 of the 1986 Act; in particular sections 36(3) and 50(2). “A commercial unit of agricultural land” is a unit of agricultural 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 (as defined in paragraph 3 of Schedule 6 to the 1986 Act).

Article 2 of this Order provides that, in determining this annual income figure, whenever a particular farming use mentioned in column 1 of the Schedule is relevant to the assessment of the productive capacity of the land in question, the units of production and the net annual income specified in columns 2 and 3 respectively will form the basis of the assessment.

This Order includes net annual income figures for land which was, in 2018, an eligible hectare within the meaning of Article 32(2) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (OJ No L 347, 20.12.2013, p. 608), as it has effect in EU law. There are separate figures in the Schedule for disadvantaged land and severely disadvantaged land, land in a less favoured area and other land.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.