Statutory Instruments

2016 No. 1002

Landlord And Tenant, England

The Agricultural Holdings (Units of Production) (England) Order 2016

Made

14th October 2016

Laid before Parliament

17th October 2016

Coming into force

7th November 2016

The Secretary of State makes this Order in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986( 1 ).

Citation, commencement and interpretation

1. —(1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2016 and comes into force on 7th November 2016.

(2) In this Order—

“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;

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

“the England LFA maps” means the four volumes of maps entitled “Less Favoured Area Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the Intelligence Hub at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;

“less favoured area” means any area of land shown coloured blue (disadvantaged land) or pink (severely disadvantaged land) on the England LFA maps;

“moorland” means all the land that is—

(a)

severely disadvantaged land, and

(b)

shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the Intelligence Hub at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;

“Regulation 1307/2013” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy( 2 );

“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps.

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—

(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 7th November 2016, 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 the Schedule.

(3) Where land capable, when farmed under competent management, of producing a net annual income was an eligible hectare in 2015 in accordance with entry 4 in column 1 of the Schedule to this Order—

(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

Revocation

3.The Agricultural Holdings (Units of Production) (England) Order 2015( 3 ) is revoked.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

14th October 2016

Article 2

SCHEDULE

Prescribed units of production and determination of net annual income

(1)		(2)	(3)
Farming use		Unit of production	Net annual income from unit of production (£)
⁽¹⁾ This is the figure for animals 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.
⁽²⁾ 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.
1. Livestock
Dairy cows		Cow	420
Beef breeding cows:	on land in a less favoured area	Cow	-157
Beef breeding cows:	on other land	Cow	-127
Beef fattening cattle (semi-intensive)		Head	-71 ⁽¹⁾
Dairy replacements		Head	106 ⁽²⁾
Ewes:	on land in a less favoured area	Ewe	-26
Ewes:	on other land	Ewe	-6
Store lambs (including ewe-lambs sold as shearlings)		Head	4.6
Pigs:	sows and gilts in pig	Sow or gilt	270
	porker	Head	12.5
	cutter	Head	16.1
	bacon	Head	19.3
Poultry:	laying hens	Bird	4.6
	broilers	Bird	0.8
	point-of-lay pullets	Bird	0.4
Christmas turkeys		Bird	6
2. Farm arable crops
Barley		Hectare	-124
Beans		Hectare	-3
Oilseed rape		Hectare	11
Dried peas		Hectare	-30
Potatoes:	first early	Hectare	1240
Potatoes:	maincrop (including seed)	Hectare	2420
Sugar beet		Hectare	300
Wheat		Hectare	20
3. Outdoor horticultural crops and fruit
Orchard fruit		Hectare	2370
Soft fruit		Hectare	7480
4. Eligible hectare( 4 )
Land which was, in 2015, an eligible hectare within the meaning of Regulation 1307/2013	moorland	Hectare	-23.2
	severely disadvantaged land, excluding moorland	Hectare	107.5
	disadvantaged land	Hectare	30.5
	all other land	Hectare	-26.7

( 1 )

1986 c.5 . Section 96(1) of that Act defines the “Minister”, in relation to England, as the Secretary of State.

( 2 )

OJ No L 347, 20.12.2013, p 608, as last amended by Commission Delegated Regulation (EU) 2016/142 (OJ No L 28, 4.2.2016, p 8).

( 3 )

S.I. 2015/1745 .

( 4 )

Eligible hectares are entitled to receive direct payments made under the basic payment scheme established by Regulation 1307/2013 (BPS rates), including an additional greening component (greening rates) in relation to agricultural practices beneficial for the climate and the environment. The figures given in column 3 are the aggregate of the BPS rate and greening rate applicable to that unit of production for the relevant farming use. The BPS rates used have been adjusted to take off average rents and 2% for cross compliance. The BPS rates, greening rates and exchange rate applied are those confirmed on 10th November 2015 at https://www.gov.uk/government/news/2015-basic-payment-scheme-entitlement-values-and-national-reserve-confirmed .

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
disadvantaged land	art. 1.	disadvanta_rtTzMep
eligible hectare	art. 1.	eligible_h_rtjy8ai
less favoured area	art. 1.	less_favou_rtWyPl7
Less Favoured Area Map of England 2009	art. 1.	Less_Favou_rtctdxd
moorland	art. 1.	moorland_rtogwgL
Regulation 1307/2013	art. 1.	Regulation_rtoHTwH
severely disadvantaged land	art. 1.	severely_d_rtnGvwQ
severely disadvantaged land	art. 1.	severely_d_rt3Fwhp
the England LFA maps	art. 1.	the_Englan_rt6eTQu

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text	Note
Changes that affect				Made by
The Agricultural Holdings (Units of Production) (England) Order 2016	2016 No. 1002	Order	revoked	The Agricultural Holdings (Units of Production) (England) Order 2017	2017 No. 977	art. 3	Not yet