Citation, commencement, extent and application

1. —(1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2024 and comes into force on 23rd February 2024.

(2) This Order extends to England and Wales but applies in relation to England only.

Interpretation

2. In this Order—

“ the 1986 Act ” means the Agricultural Holdings Act 1986;

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

“ eligible hectare ” has the same meaning as in Article 32(2) of agricultural policy( 2 ) as that Regulation had effect in relation to England on 31st December 2022;

“ 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 former 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—

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

Assessment of productive capacity of land

3. —(1) Paragraphs (2) and (3) and the Schedule 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 1986 Act.

(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 under headings number 1, 2 or 3 in Column 1 of the table in the Schedule—

(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in Column 2 of that table; and

(b) the amount determined, for the period of 12 months beginning with 23rd February 2024, as the net annual income from that unit of production in that period is the amount in the corresponding entry in Column 3 of that table as read with any relevant note to the Schedule.

(3) Where the land in question is capable, when farmed under competent management, of producing a net annual income and was an eligible hectare in 2022 in accordance with the entry under heading number 4 in Column 1 of the table in the Schedule, as read with any relevant note to the Schedule—

(a) the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in Column 2 of that table; and

(b) the amount determined, for the period of 12 months beginning with 23rd February 2024, as the net annual income from that unit of production in that period is the amount in the corresponding entry in Column 3 of that table.

Revocation of the Agricultural Holdings (Units of Production) (England) Order 2023

4.The Agricultural Holdings (Units of Production) (England) Order 2023( 3 ) is revoked.

Sunset

5. Except as otherwise provided by Article 6 this Order ceases to have effect at the end of 31st August 2024.

Saving

6. Notwithstanding Article 5 this Order continues to have effect for the purpose of determining an application to the First-tier Tribunal made under Part 4 of the 1986 Act for a direction entitling the applicant to a tenancy of an agricultural holding on the death or retirement of a tenant where, in respect of any such application, the date of death or the date of the giving of the retirement notice is a date which falls on or before 31st August 2024.

Article 3(1)

SCHEDULE Prescribed units of production and determination of net annual income