Statutory Instruments
2009 No. 2762
Landlord And Tenant, England
The Agricultural Holdings (Units of Production) (England) Order 2009
Made
13th October 2009
Laid before Parliament
16th October 2009
Coming into force
7th November 2009
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2009 and comes into force on 7th November 2009.
(2) In this Order—
“Council Regulation 1782/2003” means Council Regulation agricultural policy and establishing certain support schemes for farmers and amending certain Regulations( 3 );
“eligible hectare” is to be construed in accordance with Article 44(2) of Council Regulation 1782/2003;
“the HFA Regulations” means the Hill Farm Allowance Regulations 2009( 4 );
“moorland” means all the land that is—
severely disadvantaged land, and
shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2006” each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL; and
“severely disadvantaged land” means any area of land shown coloured pink on the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL.
Assessment of productive capacity of land
2. —(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 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, 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 entry in column 2 of that Schedule opposite to that entry, and
(b) the amount determined, for the period of 12 months beginning with 7th November 2009, as the net annual income from that unit of production in that period is 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 the subject of payments of hill farm allowance (see column 1 of entry 4 of the Schedule to this Order), or was an eligible hectare in 2008 (see column 1 of entry 5), then—
(a) the unit of production prescribed in relation to that use of the land is 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 7th November 2009, as the net annual income from that unit of production in that period is 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 2008( 5 ) is revoked.
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Article 2
SCHEDULE 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) This is the figure for animals which would be 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. | ||||
(2) This is the figure for animals (irrespective of age) which would be 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. | ||||
(3) This figure includes the protein crop premium provided for in Article 76 of Council Regulation 1782/2003. | ||||
| 1. Livestock | ||||
| Dairy cows (other than Channel Islands breeds) | cow | 416 | ||
| Beef breeding cows: | on land in a less favoured area as defined in regulation 2 of the HFA Regulations | cow | -143 | |
| on other land | cow | -147 | ||
| Beef fattening cattle (semi-intensive) | head | -48 (1) | ||
| Dairy replacements | head | 94 (2) | ||
| Ewes: | on land in a less favoured area as defined in regulation 2 of the HFA Regulations | ewe | -12 | |
| on other land | ewe | -10 | ||
| Store lambs (including ewe lambs sold as shearlings) | head | 3.50 | ||
| Pigs: | sows and gilts in pig | sow or gilt | 182 | |
| Porker | head | 11.30 | ||
| Cutter | head | 13.70 | ||
| bacon | head | 15.70 | ||
| Poultry: | laying hens | bird | 3 | |
| broilers | bird | 0.30 | ||
| point-of-lay pullets | bird | 0.60 | ||
| Christmas turkeys | bird | 6.10 | ||
| 2. Farm arable crops | ||||
| Barley | hectare | -29 | ||
| Beans | hectare | 7.92 (3) | ||
| Oilseed rape | hectare | 9 | ||
| Dried peas | hectare | -34.08 (3) | ||
| Potatoes: | first early | hectare | 2497 | |
| maincrop (including seed) | hectare | 1866 | ||
| Sugar beet | hectare | 357 | ||
| Wheat | hectare | 42 | ||
| 3. Outdoor horticultural crops and fruit | ||||
| Orchard fruit | hectare | 2720 | ||
| Soft fruit | hectare | 6830 | ||
| 4. Forage land | ||||
| Eligible forage area as defined in regulation 2 of the HFA Regulations | hectare | the amount of hill farm allowance required to be paid under regulations 3 and 5 of the HFA Regulations | ||
| 5. Eligible hectares | ||||
| Land which was, in 2008, an eligible hectare for the purposes of Council Regulation 1782/2003 | moorland | hectare | -22.73 | |
| severely disadvantaged land, excluding moorland | hectare | 145.03 | ||
| disadvantaged land as defined in regulation 2 of the HFA Regulations | hectare | 190.88 | ||
| all other land | hectare | 103.88 | ||
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 L 270, 21.10.2003, p 1; repealed by Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p 16).