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STATUTORY INSTRUMENTS

2007 No. 2968

LANDLORD AND TENANT, ENGLAND

The Agricultural Holdings (Units of Production) (England) Order 2007

  Made 10th October 2007 
  Laid before Parliament 15th October 2007 
  Coming into force 7th November 2007 

The Secretary of State, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986[1], and now vested in him[2], makes the following Order:

Title, commencement and interpretation
     1. —(1) This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2007 and shall come into force on 7th November 2007.

    (2) In this Order—

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 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, then—

    (3) Where land capable, when farmed under competent management, of producing a net annual income is the subject of payments of hill farm allowance (as is mentioned in entry 4 in column 1 of the Schedule to this Order), or was set aside from production in 2006 (as is mentioned in entry 5 in that column), or was an eligible hectare in 2006 (as is mentioned in entry 6 of that column), then—

Revocation
     3. The Agricultural Holdings (Units of Production) (England) Order 2006[4] is revoked.


Jeff Rooker
Minister of State Department for Environment, Food and Rural Affairs

10th October 2007



SCHEDULE
Article 2


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. Livestock
Dairy cows (other than Channel Islands breeds) cow 416
Beef breeding cows:                      
           On less favoured area land under the Hill Farm Allowance Regulations 2007[5] cow -53
           On other land cow -85
Beef fattening cattle (semi-;intensive) head -50(1)
Dairy replacements head 75(2)
Ewes:                      
           On less favoured area land under the Hill Farm Allowance Regulations 2007 ewe -2
           On other land ewe 13
Store lambs (including ewe lambs sold as shearlings) head 3.70
Pigs:                      
           Sows and gilts in pig sow or gilt 174
           Porker head 4.50
           Cutter head 6.70
           Bacon head 8.90
Poultry:                      
           Laying hens bird 2.20
           Broilers bird 0.30
           Point-;of-;lay pullets bird 0.45
Christmas Turkeys bird 5.65
2. Farm arable crops
Barley hectare 104
Beans hectare 140.89(3)
Herbage seed hectare 196
Oilseed rape hectare 112
Peas:                      
           Dried hectare 224.89(3)
           Vining hectare 269
Potatoes:                      
           First early hectare 2245
           Maincrop (including seed) hectare 1521
Sugar Beet hectare 176
Wheat hectare 255
3. Outdoor horticultural crops and fruit
Orchard fruit hectare 1800
Soft fruit hectare 6500
4. Forage Land
Eligible forage area as defined in regulation 2 of the Hill Farm Allowance Regulations 2007 hectare The amount of hill farm allowance required to be paid under regulations 3 and 6 of the Hill Farm Allowance Regulations 2007
5. Set-aside
Land which was, in 2006, set aside from production under Article 54(3) of Council Regulation 1782/2003:                      
           Severely disadvantaged land, excluding moorland hectare -14.75
           Disadvantaged land hectare -9.50
           All other land hectare -105.00
6. Eligible hectares
Land which was, in 2006, an eligible hectare for the purposes of Council Regulation 1782/2003, except land which was set aside from production under Article 54(3) of that Regulation:                      
           Moorland hectare -12.91
           Severely disadvantaged land, excluding moorland hectare 127.12
           Disadvantaged land hectare 170.49
           All other land hectare 74.99



NOTES TO THE SCHEDULE

     1. This is the figure for animals which would be 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 would be 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.

     3. This figure includes the protein crop premium provided for in Article 76 of Council Regulation 1782/2003.


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 7th November 2007 to 6th November 2008 inclusive for certain purposes of the Agricultural Holdings Act 1986 ("the 1986 Act") . This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2006.

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 a unit of agricultural 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). Article 2 of this Order provides that, in determining this annual income figure, whenever a particular farming use mentioned in column 1 of the Schedule is relevant to the assessment of the productive capacity of the land in question, the units of production and the net annual income specified in columns 2 and 3 respectively will form the basis of that assessment.

The net annual income figures in column 3 of the Schedule describe 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.

This Order includes net annual income figures for land which was, in 2006, an eligible hectare for the purposes of Council Regulation (EC) No. 1782/2003 (O.J. No. L270, 21.10.2003, p.1), which establishes the Single Payment Scheme. There are separate figures in the Schedule for moorland, severely disadvantaged land excluding moorland, disadvantaged land and other land. There are also separate figures for land which was set aside from production in 2006.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Notes:

 [1] 1986 c.5; section 96(1) of that Act defines "the Minister".back

[2] In relation to England, the functions previously vested in the Minister of Agriculture, Fisheries and Food are vested in the Secretary of State - see article 5(1) of, and paragraph 27 of Schedule 1 to, the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (SI 2002/794).back

[3] OJ No. L270, 21.10.2003, p.1, as last amended by Commission Regulation (EC) No. 552/2007 (OJ No. L131, 23.5.2007, p. 10).back

[4] SI 2006/2628.back

[5] S.I. 2007/619.back


ISBN 978 0 11 078860 9


 © Crown copyright 2007

Prepared 17 October 2007

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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072968.html