Statutory Instruments
2003 No. 2151
LANDLORD AND TENANT
ENGLAND
The Agricultural Holdings (Units of Production) (England) Order 2003
Made
19th August 2003
Laid before Parliament
20th August 2003
Coming into force
12th September 2003
Title, commencement and interpretation
1. —(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 3 );
“Council Regulation 1251/99” means Council Regulation 4 );
“Council Regulation 1254/99” means Council Regulation 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 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.
Revocation
3.The Agricultural Holdings (Units of Production) (England) Order 2002( 6 ) is revoked.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
19th August 2003
Article 2
SCHEDULE 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 |
| 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. | ||
| £ | ||
Livestock | ||
Dairy cows: | ||
| cow | 373 |
| cow | 460 |
Beef breeding cows: | ||
| cow | 43 (1) |
| cow | 73 (1) |
Beef fattening cattle (semi-intensive) | head | 75 (2) |
Dairy replacements | head | 35 (3) |
Ewes: | ||
| ewe | 11 (4) |
| ewe | 19 (5) |
Store lambs (including ewe lambs sold as shearlings) | head | 1.00 |
Pigs: | ||
| sow or gilt | 85 |
| head | 1.75 |
| head | 3.25 |
| head | 5.00 |
Poultry: | ||
| bird | 1.00 |
| bird | 0.12 |
| bird | 0.25 |
| bird | 2.00 |
Farm arable crops | ||
Barley | hectare | 186 (6) |
Beans | hectare | 169 (7) |
Herbage seed | hectare | 100 |
Oats | hectare | 190 (8) |
Oilseed rape | hectare | 171 (9) |
Peas: | ||
| hectare | 194 (10) |
| hectare | 175 |
Potatoes: | ||
| hectare | 800 |
| hectare | 750 |
Sugar Beet | hectare | 240 |
Wheat | hectare | 223 (11) |
Outdoor horticultural crops | ||
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: | ||
| hectare | 1305 |
| hectare | 3800 |
Parsnips | hectare | 2850 |
Rhubarb (natural) | hectare | 6000 |
Turnips and swedes | hectare | 1300 |
Orchard fruit | ||
Apples: | ||
| hectare | 380 |
| hectare | 1150 |
| hectare | 1250 |
Cherries | hectare | 800 |
Pears | hectare | 900 |
Plums | hectare | 1150 |
Soft fruit | ||
Blackcurrants | hectare | 800 |
Raspberries | hectare | 3000 |
Strawberries | hectare | 4000 |
Miscellaneous | ||
Hops | hectare | 1700 |
Forage Land | ||
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-aside | ||
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 |
1986 c. 5 ; section 96(1) of the Act defines “the Minister”.
In relation to England, the functions previously vested in the Minister of Agriculture, Fisheries and Food are vested in the Secretary of State—see article 5(1) of, and paragraph 27 of Schedule 1 to, the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002. (S.I. 2002/794 ).
OJ No. L341, 22.12.01, p.3.
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).
OJ No. L160, 26.6.99, p.21, as last amended by Council Regulation (EC) No. 806/03 (OJ No. L122, 16.5.03, p.1).
S.I. 2002/1925 .
S.I. 2003/289 .