The Agricultural Holdings (Units of Production) (England) Order 2000 No. 1984


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Statutory Instruments

2000 No. 1984

LANDLORD AND TENANT ENGLAND

The Agricultural Holdings (Units of Production) (England) Order 2000

Made

24th July 2000

Laid before Parliament

21st August 2000

Coming into force

12th September 2000

The Minister of Agriculture, Fisheries and Food, being the Minister designated in relation to England for the purposes of paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986(1), and of all other powers enabling him in that behalf, hereby makes the following Order:-

Title commencement and interpretation

1.-(1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2000 and shall come into force on 12th September 2000.

(2) Any reference in this Order to "the Schedule" is a reference to the Schedule to this Order.

(3) Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.

(4) In this Order:

"Council Regulation 2467/98" means Council Regulation (EC) No. 2467/98 on the common organisation of the market in sheepmeat and goatmeat(2);

"Council Regulation 1251/99" means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops(3);

"Council Regulation 1254/99" means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal(4).

Assessment of productive capacity of land

2.-(1) Paragraphs (2) and (3) of this article 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 subparagraph (1) of paragraph 3 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, crop, fruit or miscellaneous product as is mentioned in any of the entries 1 to 7 in column 1 of the Schedule, then

(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 determined, for the period of 12 months beginning with 12th September 2000, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.

(3) Where land capable, when farmed under competent management, of producing a net annual income is designated as set aside land, as is mentioned in entry 8 in column 1 of the Schedule, then-

(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 determined, for the period of 12 months beginning with 12th September 2000, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule opposite that unit of production.

(4) The Schedule has effect subject to the Notes to the Schedule.

Revocation

3. The Agricultural Holdings (Units of Production) (England) Order 1999(5) is hereby revoked.

Elliot Morley

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

24th July 2000

Article 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
£
1. Livestock
Dairy cows:
Channel Island breedscow250
Other breedscow308
Beef breeding cows:
On eligible land under the Hill Livestock (Compensatory Allowances) Regulations 1996(6)cow52(1)
On other landcow43(1)
Beef fattening cattle (semi-intensive)head45(2)
Dairy replacementshead30(3)
Ewes:
On eligible land under the Hill Livestock (Compensatory Allowances)Regulations 1996ewe16(4)
On other landewe18(5)
Store lambs (including ewe lambs sold as shearlings)head0.87
Pigs:
Sows and gilts in pigsow or gilt70
Porkerhead1.60
Cutterhead2.90
Baconhead4.10
Poultry:
Laying hensbird0.90
Broilersbird0.10
Point-of-lay pulletsbird0.20
Christmas Turkeysbird1.44
2. Farm arable crops
Barleyhectare112(6)
Beanshectare113(7)
Herbage seedhectare155
Linseedhectare62(8)
Oatshectare137(9)
Oilseed rapehectare121(10)
Peas:
Driedhectare143(11)
Vininghectare237
Potatoes:
First earlyhectare675
Maincrop (including seed)hectare705
Sugar Beethectare288
Wheathectare179(12)
3. Outdoor horticultural crops
Broad beanshectare391
Brussels sproutshectare1525
Cabbage, savoys and sprouting broccolihectare1665
Carrotshectare2385
Cauliflower and winter broccolihectare1040
Celeryhectare7545
Leekshectare3070
Lettucehectare3950
Onions:
Dry bulbhectare1305
Saladhectare4263
Outdoor bulbshectare1682
Parsnipshectare2591
Rhubarb (natural)hectare3750
Turnips and swedeshectare1400
4. Protected crops
Forced narcissi1,000 square metres7225
Forced tulips1,000 square metres6790
5. Orchard fruit
Apples:
Ciderhectare495
Cookinghectare1275
Desserthectare1360
Cherrieshectare1085
Pearshectare1140
Plumshectare1180
6. Soft fruit
Blackcurrantshectare840
Raspberrieshectare2865
Strawberrieshectare3760
7. Miscellaneous
Hopshectare1850

8. Set-aside(1)

hectare26

Article 2(4)

NOTES TO THE SCHEDULE

Note to column 1

(1) For the marketing year 2000-�2001 this refers to land which is set-aside under Article 2(3) of Council Regulation 1251/99, except where such land is used (in accordance with Article 6(3) of Council Regulation 1251/99) for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption.

Notes to column 3

(1) Deduct £102 from this figure in the case of animals for which the net annual income does not include a sum in respect of the premium for maintaining suckler cows (suckler cow premium) provided for in Article 6 of Council Regulation 1254/99.

(2) This is the figure for animals which are kept for 12 months.

(3) This indicates the figure for animals (irrespective of age) which are kept for 12 months. In the case of animals which are kept for less than 12 months a pro rata adjustment of this figure is to be made.

(4) Deduct £16 from this figure in the case of animals for which the net annual income does not include a sum in respect of the premium for offsetting income loss sustained by sheep meat producers (sheep annual premium) provided for in Article 5 of Council Regulation 2467/98.

(5) Deduct £12 from this figure in the case of animals for which the net annual income does not include a sum in respect of sheep annual premium.

(6) Deduct £216 from this figure in the case of land for which the net annual income does not include a sum in respect of the compensatory payment for which producers of arable crops may apply (area payment) provided for in Article 2 of Council Regulation 1251/99.

(7) Deduct £268 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(8) Deduct £326 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(9) Deduct £216 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(10) Deduct £309 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(11) Deduct £268 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

(12) Deduct £217 from this figure in the case of land for which the net annual income does not include a sum in respect of area payment.

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 situated in England and sets out the amount which is to be regarded as the net annual income from each such unit for the year 12th September 2000 to 11th September 2001 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 1999.

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 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 or 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".

(2)

OJ No. L312, 20.11.98, p.1.

(3)

OJ No. L160, 26.6.99, p.1, as last amended by Council Regulation (EC) No. 2704/99 (OJ No. L327, 21.12.99, p.12).

(4)

OJ No. L160, 26.6.99, p.21.

(5)

S.I. 1999/2230.

(6)

S.I. 1996/1500, as amended by S.I. 1997/33, S.I. 1998/206, S.I. 1999/375 and S.I. 1999/3316.


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