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United Kingdom Statutory Instruments


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Statutory Instruments

1991 No. 1888

LANDLORD AND TENANT, ENGLAND AND WALES

The Agricultural Holdings (Units of Production) Order 1991

Made

14th August 1991

Laid before Parliament

22nd August 1991

Coming into force

12th September 1991

The Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Wales, in exercise of the powers conferred on them by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986(1), and of all other powers enabling them in that behalf, hereby make the following Order:-�

Title, commencement and interpretation

1.-(1) This Order may be cited as the Agricultural Holdings (Units of Production) Order 1991 and shall come into force on 12th September 1991.

(2) Any reference in this Order to "the Schedule" shall be construed as a reference to the Schedule to this Order, and the reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.

Assessment of productive capacity of land

2.-(1) Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.

(2) Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop, etc, as is mentioned in any entry in column 1 of the Schedule-�

(a)the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and

(b)the amount which, for the period of 12 months beginning with 12th September 1991, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.

Revocation

3. The Agricultural Holdings (Units of Production) Order 1990(2) is hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th August 1991.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Nicholas Bennett

Parliamentary Under Secretary of State, Welsh Office

14th August 1991

Articles 1(2) and 2

SCHEDULEPRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME

Column 1Column 2Column 3
Farminig useUnit of productionNet annual income from unit of production
a

This amount relates to an animal (irrespective of age) which would be kept for 12 months. In the case of an animal which would be kept for less than 12 months a pro-rata adjustment of the amount is to be made.

£

1. Livestock

Dairy cows:

  • Channel Islands breeds

cow190
Other breedscow:240
Beef breeding cows:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1984(3) which is severely disadvantaged land or disadvantaged landcow70
On other landcow30
Beef fattening cattle (intensive)head45a
Dairy replacementshead53a
Other cattlehead31a
Ewes:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1984 which is severely disadvantaged land or disadvantaged landewe7
On other landewe6
Store lambs (including ewe lambs as shearlings)head1
Pigs:
Sows and gilts in pigsow or gilt90
Porkerhead3.90
Cutterhead5.10
Baconhead5.60
Poultry:
Laying hensbird1.40
Broilersbird0.20
Point-of-lay pulletsbird0.30
Turkeysbird1.20
Rabbitsdoe5

2. Farm arable crops

Barleyhectare25
Beanshectare25
Herbage seedhectare90
Linseedhectare85
Oatshectare25
Oilseed rapehectare120
Peas:
Driedhectare25
Vininghectare120
Potatoes
First earlyhectare460
Maincrop (including seed)hectare440
Sugar Beethectare220
Wheathectare92

3. Outdoor horticultural crops

Beans:
Broadhectare450
Frenchhectare330
Runnerhectare2400
Brussel sproutshectare1000
Cabbage, Savoys and sprouting broccolihectare1100
Carrotshectare1500
Cauliflower and winter broccolihectare1300
Celeryhectare5000
Leekshectare2500
Lettucehectare3000
Onions:
Dry bulbhectare1300
Saladhectare4000
Outdoor bulbshectare1200
Parsnipshectare1000
Rhubard-�naturalhectare2000
Turnips and swedeshectare400

4. Protected crops

Forced narcissus1000 square metres4800
Forced tulips1000 square metres6000
Mushrooms1000 square metres9000

5. Orchard fruit

Apples:
Ciderhectare300
Cookinghectare800
Desserthectare800
Cherrieshectare600
Pearshectare720
Plumshectare550

6. Soft fruit

Blackcurrantshectare710
Gooseberrieshectare750
Raspberrieshectare2300
Strawberrieshectare3000

7 Miscellaneous

Hopshectare700

Explanatory Note

(This note is not part of the Order)

This Order prescribes units of production for the assessment of the productive capacity of agricultural land and sets out the amount which is to be regarded as the net annual income from each such unit for the year 12th September 1991 to 11th September 1992 inclusive. This Order supersedes the Agricultural Holdings (Units of Production) Order 1990 (S.I. 1990/1696).

An assessment of the productive capacity of agricultural land is required in determining whether or not the land in question is a "commercial unit of agricultural land" for the purposes of the succession provisions in the Agricultural Holdings Act 1986 ("the 1986 Act") (see, in particular sections 36(3) and 50(2)). A "commercial unit of agricultural land" is land which, when farmed under competent management, is capable of producing a net annual income which is not less than the aggregate of the average annual earnings of two full-time male agricultural workers aged 20 years and over (paragraph 3 of Schedule 6 to the 1986 Act). In determining this annual income figure, neither the system of farming carried out on a particular holding nor historical data from that holding will necessarily be used. Instead, whenever a particular farming use mentioned in column 1 of the Schedule to this Order is relevant to this determination, the units of production and the net annual income specified in columns 2 and 3 respectively will form the basis of the assessment of the productive capacity of the land in question.

The net annual income figures in column 3 of the Schedule specify the net annual income from one unit of production. In some cases the net annual income is derived from a unit which will be on the land for the full twelve month period. In other cases the net annual income is derived from a unit which will be on the land for only part of the year, and there may be more than one production cycle in the twelve month period. The assessment of the productive capacity of the land will take account of the total production in the course of a year.

(1)

1986 c. 5; section 96(1) of the Act defines "the Minister" in the sense here expressed.

(2)

S.I. 1990/1696.

(3)

S.I. 1984/2024. The only relevant amending instrument is the Hill Livestock (Compensatory Allowances) (Amendment) (No. 2) Regulations 1991 (S.I. 1991/1439).


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