Statutory Instruments

2017 No. 977

Landlord And Tenant, England

The Agricultural Holdings (Units of Production) (England) Order 2017

Made

10th October 2017

Laid before Parliament

12th October 2017

Coming into force

7th November 2017

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 2017 and comes into force on 7th November 2017.

(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 29 ^th 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 disadvantaged land or severely disadvantaged land;

“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 29 ^th 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 the 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 2017, 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 2016 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 2016( 3 ) is revoked.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

10th October 2017

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 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	450
Beef Breeding cows:	on land in a less favoured area	Cow	-111
	on other land	Cow	-137
Beef fattening cattle (semi-intensive)		Head	-72 ⁽¹⁾
Dairy replacements		Head	87 ⁽²⁾
Ewes:	on land in a less favoured area	Ewe	-27
	on other land	Ewe	-6
Store lambs (including ewe-lambs sold as shearlings)		Head	4.2
Pigs:	sows and gilts in pig	Sow or gilt	270
	porker	Head	7.8
	cutter	Head	11
	bacon	Head	13.9
Poultry:	laying hens	Bird	4.4
	broilers	Bird	0.8
	point-of-lay pullets	Bird	0.3
Christmas turkeys		Bird	9.6
2. Farm arable crops
Barley		Hectare	-48
Beans		Hectare	-152
Oilseed rape		Hectare	32
Dried peas		Hectare	150
Potatoes:	first early	Hectare	3690
Potatoes:	maincrop (including seed)	Hectare	3440
Sugar beet		Hectare	280
Wheat		Hectare	100
3. Outdoor horticultural crops and fruit
Orchard fruit		Hectare	2450
Soft fruit		Hectare	7310
4. Eligible hectare( 4 )
Land which was, in 2016, an eligible hectare within the meaning of Regulation 1307/2013	moorland	Hectare	-27.6
	Severely disadvantaged land, excluding moorland	Hectare	126.8
	Disadvantaged land	Hectare	61.3
	All other land	Hectare	-3.7

( 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 L347, 20.12.20, p. 608 as last amended by Commission Delegated Regulation (EU) 2016/142 (OJ No L28, 4.2.2016, p. 8; and corrected by Corrigendum, OJ No L130, 19.5.2016, p. 8.

( 3 )

S.I. 2016/1002 .

( 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 15th November 2016 at https://www.gov.uk/government/news/rural-payments-agency-confirms-entitlement-values-for-2016-basic-payment-scheme .

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_rtPQsqu
eligible hectare	art. 1.	eligible_h_rtCo0t3
less favoured area	art. 1.	less_favou_rtQUkfJ
Less Favoured Area Map of England 2009	art. 1.	Less_Favou_rt7fY5M
moorland	art. 1.	moorland_rtz1ISg
Regulation 1307/2013	art. 1.	Regulation_rt3Ppgx
severely disadvantaged land	art. 1.	severely_d_rtYZ9Kc
severely disadvantaged land	art. 1.	severely_d_rtjyLbo
the England LFA maps	art. 1.	the_Englan_rtYld4R

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
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The Agricultural Holdings (Units of Production) (England) Order 2017	2017 No. 977	Order	revoked	The Agricultural Holdings (Units of Production) (England) Order 2019	2019 No. 769	art. 3	Not yet