Statutory Instruments
2005 No. 2867
LANDLORD AND TENANT, ENGLAND
The Agricultural Holdings (Units of Production) (England) Order 2005
Made
12th October 2005
Laid before Parliament
14th October 2005
Coming into force
7th November 2005
Title, commencement and interpretation
1. —(1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2005 and shall come into force on 7 th November 2005.
(2) In this Order—
“Council Regulation 1251/1999” means Council Regulation 3 ) as it applied to the marketing year 2004/2005( 4 );
“Council Regulation 1254/1999” means Council Regulation 5 ) as it applied immediately before 1st January 2005( 6 );
“Council Regulation 2529/2001” means Council Regulation 7 ) as it applied immediately before 1st January 2005( 8 );
“marketing year” shall be construed in accordance with Council Regulation 1251/1999( 9 ).
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 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, 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 7 th November 2005, 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 was in the marketing year 2004/2005 designated as set aside land, as is mentioned in entries 7 and 8 respectively 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 7 th November 2005, 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 2004( 10 ) is revoked.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th October 2005
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) 1. Deduct £135 from the figure in column 3 in the case of animals for which the net annual income would not include a sum in respect of the premium for maintaining suckler cows (suckler cow premium) provided for in Article 6 of Council Regulation 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £27 to the figure in column 3 in the case of animals for which the net annual income would include a sum in respect of the lower rate of extensification premium provided for in Article 13 of Council Regulation 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £54 to the figure in column 3 in the case of animals for which the net annual income would include a sum in respect of the higher rate of extensification premium provided for in Article 13 of Council Regulation 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. | |||
(2) 2. This is the figure for animals which would be kept for 12 months. Deduct £115 in the case of animals which are kept for 12 months and for which the net annual income would 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 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £27 to the figure in column 3 in the case of animals which are kept for 12 months and for which the net annual income would include a sum in respect of the lower rate of extensification premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £54 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 would include a sum in respect of the higher rate of extensification premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. In the case of animals which— (1) are kept for less than 12 months, and (2) for which the net annual income would not include a sum in respect of beef special premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004, the net annual income is to be calculated by deducting £115 from the figure in column 3 and then making a pro rata adjustment of the resulting figure. In the case of animals which— (1) are kept for less than 12 months, and (2) for which the net annual income would include a sum in respect of beef special premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004, the net annual income is to be calculated by first deducting £115 from the figure in column 3, then making a pro rata adjustment of the resulting figure, then adding to that figure the sum of £115 and (where the net annual income would include a sum in respect of extensification premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004) the sum of £27 (where the extensification premium would be paid at the lower rate) or £54 (where the extensification premium would be paid at the higher rate). | |||
(3) 3. This indicates the figure for animals (irrespective of age) which would be 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) 4. Deduct £19 from the figure in column 3 in the case of animals for which the net annual income would 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 2529/2001 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. | |||
(5) 5. Deduct £15 from the figure in column 3 in the case of animals for which the net annual income would not include a sum in respect of sheep annual premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. | |||
(6) 6. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of the compensatory payment for producers of arable crops (area payment) provided for in Article 2 of Council Regulation 1251/1999 if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. | |||
(7) 7. Deduct £274 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. | |||
(8) 8. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. | |||
(9) 9. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. | |||
(10) 10. Deduct £274 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. | |||
(11) 11. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. | |||
| 1. Livestock | |||
| Dairy cows (other than Channel Islands breeds) | cow | 260 | |
| Beef breeding cows: | |||
| On less favoured area land under the Hill Farm Allowance Regulations 2005( 11 ) | cow | 31 (1) | |
| On other land | cow | 80 (1) | |
| Beef fattening cattle (semi intensive) | head | 63 (2) | |
| Dairy replacements | head | 45 (3) | |
| Ewes: | |||
| On less favoured area land under the Hill Farm Allowance Regulations 2005 | ewe | 14 (4) | |
| On other land | ewe | 21 (5) | |
| Store lambs (including ewe lambs sold as shearlings) | head | 1.05 | |
| Pigs: | |||
| Sows and gilts in pig | sow or gilt | 95 | |
| Porker | head | 1.90 | |
| Cutter | head | 3.50 | |
| Bacon | head | 5.50 | |
| Poultry: | |||
| Laying hens | bird | 1.25 | |
| Broilers | bird | 0.15 | |
| Point-of-lay pullets | bird | 0.30 | |
| Christmas Turkeys | bird | 3.00 | |
| 2. Farm arable crops | |||
| Barley | hectare | 199 (6) | |
| Beans | hectare | 175 (7) | |
| Herbage seed | hectare | 120 | |
| Oats | hectare | 131 (8) | |
| Oilseed rape | hectare | 188 (9) | |
| Peas: | |||
| Dried | hectare | 201 (10) | |
| Vining | hectare | 175 | |
| Potatoes: | |||
| First early | hectare | 900 | |
| Maincrop (including seed) | hectare | 780 | |
| Sugar Beet | hectare | 270 | |
| Wheat | hectare | 266 (11) | |
| 3. Outdoor horticultural crops | |||
| Broad beans | hectare | 575 | |
| Brussel sprouts | hectare | 1600 | |
| Cabbage, savoys and sprouting broccoli | hectare | 2000 | |
| Carrots | hectare | 3100 | |
| Cauliflower and winter broccoli | hectare | 1000 | |
| Celery | hectare | 8000 | |
| Leeks | hectare | 3600 | |
| Lettuce | hectare | 4150 | |
| Onions: | |||
| Dry bulb | hectare | 1305 | |
| Salad | hectare | 3800 | |
| Parsnips | hectare | 3250 | |
| Rhubarb (natural) | hectare | 6900 | |
| Turnips and swedes | hectare | 1500 | |
| 4. Orchard fruit | |||
| Apples: | |||
| Cider | hectare | 380 | |
| Cooking | hectare | 1250 | |
| Dessert | hectare | 1400 | |
| Cherries | hectare | 900 | |
| Pears | hectare | 1000 | |
| Plums | hectare | 1250 | |
| 5. Soft fruit | |||
| Blackcurrants | hectare | 850 | |
| Raspberries | hectare | 3100 | |
| Strawberries | hectare | 4200 | |
| 6. Miscellaneous | |||
| Hops | hectare | 1700 | |
| 7. Forage Land | |||
| Eligible forage area as described in regulation 7 of the Hill Farm Allowance Regulations 2005 | hectare | The amount of hill farm allowance required to be paid under the Hill Farm Allowance Regulations 2005 | |
| 8. Set-aside | |||
| Land which was, in the marketing year 2004/2005, set-aside under Article 2(3) of Council Regulation 1251/1999, except where such land was used in that period (in accordance with Article 6(3) of Council Regulation 1251/1999) for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption | hectare | 37 | |
1986 c. 5 ; section 96(1) of that 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. L160, 26.6.99, p.1.
Council Regulation (EC) No. 1251/1999 was amended by Council Regulation (EC) No. 2704/1999 (OJ No. L327, 21.12.99, p.12); Council Regulation 1672/2000 (OJ No. L193, 29.7.00, p.13); Council Regulation 1038/2001 (OJ No. L145, 31.5.01, p.16); the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p.33); and by Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1). Council Regulation (EC) No. 1251/1999 was repealed by Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1) (Article 153(3)) with application from 28th October 2003 (Article 156(2)) but continued to apply to the marketing year 2004/2005 (1st July 2004 to 30th June 2005).
OJ No. L160, 26.6.99, p.21.
Council Regulation (EC) No. 1254/1999 was amended by Council Regulation (EC) No. 1455/2001 (OJ No. L198, 21.7.01, p.58); Council Regulation (EC) No. 1512/2001 (OJ No. L201, 26.7.01, p.1); Commission Regulation (EC) No. 2345/2001 (OJ No. L315, 1.12.01, p.29); the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p.33); Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.03, p.1); Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1); and Council Regulation (EC) No. 1899/2004 (OJ No. L328, 30.10.04, p.67). Articles 3 to 25 of Council Regulation (EC) No. 1254/1999 were deleted by Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1) (Article 152(b)) with application from 1st January 2005 (Article 156(2)(f)).
OJ No. L341, 22.12.01, p.3.
Council Regulation (EC) No. 2529/2001 was amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p.33). Articles 3 to 11 of Council Regulation (EC) No. 2529/2001 were deleted by Council Regulation No. 1782/2003 (OJ No. L270, 21.10.03, p.1) (Article 152(c)) with application from 1st January 2005 (Article 156(2)(f)).
See Article 1(2) of Council Regulation (EC) No. 1251/1999 .
S.I. 2004/1811 .
S.I. 2005/154 .