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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_19921972_en.html

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Statutory Instruments

1992 No. 1972

LANDLORD AND TENANT, ENGLAND AND WALES

The Agricultural Holdings (Units of Production) Order 1992

Made

5th August 1992

Laid before Parliament

21st August 1992

Coming into force

12th September 1992

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 1992 and shall come into force on 12th September 1992.

(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 1992, 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 1991(2) is hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Derek Andrews

Permanent Secretary, Ministry of Agriculture, Fisheriesand Food

4th August 1992.

David Hunt

Secretary of State for Wales

5th August 1992

Articles 1(2)and 2

SCHEDULEPRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME

Column 1Column 2Column 3
Farming 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.

£

Livestock

1. Dairy cows:

  • Channel Islands breeds

cow190

  • Other Breeds

cow240

Beef breeding cows:

  • On land which is severely disadvantaged land or disadvantaged land under the Hill Livestock (Compensatory Allowances) Regulations 1992(3)

cow63

  • On other land

cow27

Beef fattening cattle (intensive)

head40a

Dairy replacements

head54a

Other cattle

head26a

Ewes:

  • On land which is severely disadvantaged land or disadvantaged land under the Hill Livestock (Compensatory Allowances) Regulations 1992

ewe7

  • On other land

ewe5.60

Store lambs (including ewe lambs sold as shearlings)

head0.70

Pigs:

  • Sows and gilts in pig

sow or gilt99

  • Porker

head4

  • Cutter

head5.40

  • Bacon

head5.90

Poultry:

  • Laying hens

bird1.50

  • Broilers

bird0.20

  • Point-of-lay pullets

bird0.37

  • Turkeys

bird1.57

Farm arable crops

2. Barley

hectare51

Beans

hectare39

Herbage seed

hectare120

Linseed

hectare109

Oats

hectare49

Oilseed rape

hectare120

Peas:

  • Dried

hectare51

  • Vining

hectare151

Potatoes:

  • First early

hectare553

  • Maincrop (including seed)

hectare590

Sugar Beet

hectare275

Wheat

hectare127

Outdoor horticultural crops

3. Broad beans

hectare501

Brussels sprouts

hectare1239

Cabbage, Savoys and sprouting broccoli

hectare1272

Carrots

hectare1824

Cauliflower and winter broccoli

hectare1146

Celery

hectare5077

Leeks

hectare2948

Lettuce

hectare3244

Onions:

  • Dry Bulb

hectare1504

  • Salad

hectare4034

Outdoor bulbs

hectare799

Parsnips

hectare1016

Rhubarb-natural

hectare2367

Turnips and swedes

hectare738

Protected crops

4. Forced narcissus

1000 square metres4379

Forced tulips

1000 square metres5149

Mushrooms

1000 square metres7795

Orchard fruit

5. Apples:

  • Cider

hectare480

  • Cooking

hectare1642

  • Dessert

hectare1960

Cherries

hectare893

Pears

hectare1499

Plums

hectare1039

Soft fruit

6. Blackcurrants

hectare1299

Gooseberries

hectare1329

Raspberries

hectare2485

Strawberries

hectare3761

Miscellaneous

7. Hops

hectare1000

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 1992 to 11th September 1993 inclusive. This Order supersedes the Agricultural Holdings (Units of Production) Order 1991 (S.I. 1991/1888).

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 incomespecified 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. 1991/1888.

(3)

S.I. 1992/269.

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