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The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1983

Type Statutory-Instrument
Publication 1983-10-04
State In force
Department Westlaw
Source legislation.gov.uk
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Made: 4th October 1983

Laid before Parliament: 17th October 1983

Coming into Operation: 14th November 1983

The Minister of Agriculture, Fisheries and Food, in relation to England, and the Secretary of State for Wales, in relation to Wales, with the advice of the committees respectively appointed by them[^f00001] under the provisions of section 79 of the Agricultural Holdings Act 1948 and in exercise of the powers conferred by section 51(1) of the Agricultural Holdings Act 1948, and now vested in them[^f00002], and of all other powers enabling them in that behalf, hereby make the following regulations:—

Title, commencement and interpretation

1

Application

2

These regulations shall apply in relation to the calculation of the value of improvement and other matters specified in a numbered paragraph of the Fourth Schedule to the Agricultural Holdings Act 1948 in any case where the tenancy of the outgoing tenant claiming compensation for such improvements and other matters by virtue of the provisions of that Act terminates on or after the day on which these regulations come into operation.

Amendment of principal regulations

3

  • “arable crop” does not include a ley of more than one years duration;
  • “the accepted proportion” means the area which represents the proportion which the total area of the leys on the holding would, taking into account the capability of the holding, be expected to bear to the area of the holding, excluding the permanent pasture thereon, or, if a greater proportion is provided for by or under the terms of the tenancy, that proportion

In areas of the country where arable crops can be grown in an unbroken series of not less than six years, and it is reasonable that they should be grown on the holding or part thereof, the residual fertility value of the sod of the excess qualifying leys shall be calculated (subject to sub-paragraph (3) below) as follows:—

(b) in respect of continuously maintained leys, the values specified in sub-paragraph (a) above shall be increased by £8 per hectare for each additional growing season over three growing seasons for which the leys have been established, but such increase shall not exceed a total of £48 per hectare if any herbage was cut and removed during the last growing season before the termination of the tenancy and shall not exceed a total of £64 per hectare if the herbage was, during the last growing season, grazed only; (c) in respect of any former ley where the first crop which has been sown in the last growing season before the termination of the tenancy has not been removed from the ground, the value shall be the value specified in sub-paragraphs (a) and (b) above according to the period for which the ley had been established before it was ploughed or otherwise destroyed and to whether the herbage was cut and removed, or grazed only, in the last growing season before the ley was ploughed or otherwise destroyed;

SCHEDULE

PART I — PARAGRAPH TO BE SUBSTITUTED FOR PARAGRAPH 7 OF PART I OF SCHEDULE I TO THE PRINCIPAL REGULATIONS

7

Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuffs not produced on the holding by horses, cattle, sheep, pigs or poultry.

PART II

After After After
Nature of Fertiliser One Two Three
Growing Seasons
p p p
1. Organic forms and inorganic forms (including basic slag) but excluding rock phosphates and calcined aluminium calcium phosphate 158 79 39
2. `Soft' ground rock phosphates>(1)> applied in—
(a) areas with a mean annual excess winter rainfall>(2)> of 450 mm or more 158 79 39
(b) areas with a mean annual excess winter rainfall>(2)> of less than 450 mm
(i) Permanent grassland 158 79 39
(ii) Other crops nil nil nil
3. Other ground rock phosphates applied in—
(a) areas with a mean annual excess winter rainfall>(2)> of 450 mm or more 39 39 39
(b) areas with a means annual excess winter rainfall>(2)> of less than 450 mm nil nil nil
4. Calcined aluminium calcium phosphate The value, if any, shall be such as may be determined in accordance with scientific evidence The value, if any, shall be such as may be determined in accordance with scientific evidence The value, if any, shall be such as may be determined in accordance with scientific evidence
After After After
--- --- --- ---
Type of crops to which fertiliser is applied One Two Three
Growing Seasons Growing Seasons Growing Seasons
p p p
1. Applied to arable crops (except forage crops) and all root crops where tops are left on the land, except potatoes (see also 4 below) 92 46 nil
2. Applied to leys, permanent grassland or forage crops which are grazed or the product cut and fed on the holding 92 46 nil
3. Applied to leys and permanent grassland the product of which is cut and removed from the holding nil nil nil
4. Applied to roots (including potatoes) and forage crops which are removed from the holding nil nil nil
Type of Manure No crop off After one growing season After two growing seasons
--- --- --- ---
p p p
Cattle (farmyard manure) 735 368 184
Horse (stable manure) 800 400 200
Pig (farmyard manure) 770 385 193
Poultry (deep litter) 1380 690 345
Poultry (broiler manure) 1625 813 406
After one growing season After one growing season After two growing seasons After two growing seasons
--- --- --- ---
Feeding Stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p p p
1. Grass hay 395 197 53
2. Clover hay 470 235 78
3. Dried grass 523 262 88
4. Dried lucerne 532 266 92
5. Straw 133 66 26
6. Mangels 63 31 8
7. Swedes 47 23 8
8. Turnips 47 23 8
9. Potatoes 89 44 13
10. Sugar beet pulp (dried-molassed) 309 155 40
11. Sugar beet pulp (wet-double pressed 18% DM) 62 31 8
12. Brewers grains (wet) 67 34 33
13. Field beans 407 204 139
14. Field peas 310 155 103
15. Barley 204 102 67
16. Wheat 185 92 70
17. Oats 190 95 71
18. Maize 145 72 52
19. Rice meal 203 101 80
20. Middlings/Bran 411 205 148
21. Cassava (Manioc) 70 33 21
22. Hominy chop 277 139 97
23. Locust beans 137 68 32
24. Citrus pulp 158 79 40
25. Fish meal 1422 711 642
26. Soya bean meal 615 308 184
27. Decorticated cotton cake 685 342 267
28. Undecorticated cotton cake 563 281 206
29. Linseed cake/meal 524 262 180
30. Palm kernal cake/meal 265 133 107
31. Coconut cake/meal 521 261 135
32. Decorticated groundnut cake 502 251 173
33. Rapeseed cake/meal 607 303 222
34. Meat meal 1325 663 628
35. Meat and bone meal 1711 855 768
36. Dried skimmed milk 601 300 196
37. Skimmed milk (liquid) 59 29 19
38. Liquid whey 29 14 7
39. Liquid urea 452 226 70
40. Urea 1014 507 507
41. Compounded cake: for each 1%CP 20 10 8
After one growing season After one growing season After two growing seasons After two growing seasons
--- --- --- ---
Feeding Stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p p p
1. Dried grass 493 213 39
2. Field beans 371 138 74
3. Field peas 284 102 50
4. Barley 189 75 40
5. Wheat 171 66 44
6. Oats 173 65 41
7. Maize 133 51 30
8. Rice meal 188 73 52
9. Middlings/Bran 384 161 104
10. Cassava (Manioc) 65 28 13
11. Fish meal 1360 574 505
12. Soya bean meal 570 210 87
13. Decorticated cotton cake 637 246 171
14. Undecorticated cotton cake 526 216 141
15. Linseed cake/meal 486 186 104
16. Palm Kernel cake/meal 245 89 63
17. Decorticated groundnut cake 456 152 74
18. Rapeseed cake/meal 561 215 134
19. Meat meal 1280 552 518
20. Meat and bone meal 1643 735 648
21. Compounded cake: for each 1% CP 19 8 5
Method of preparation and storage Adjustment to open slurry (average conditions) tables
--- ---
Closed slurry under average conditions Add 20 per cent
Closed slurry under ideal conditions Add 30 per cent
Farmyard manure under average conditions Add 40 per cent
Farmyard manure under ideal conditions Add 50 per cent
Slurry under adverse conditions Subtract up to 50 per cent depending on conditions
Farmyard manure under adverse conditions Add up to 30 per cent depending on conditions
Feedingstuffs fed directly on the land Add 35 per cent

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th September 1983.

Michael Jopling — Minister of Agriculture, Fisheries and Food

Nicholas Edwards — Secretary of State for Wales — 4th October 1983

Explanatory note

EXPLANATORY NOTE

These regulations amend the Agriculture (Calculation of Value for Compensation) Regulations 1978 as previously amended by the Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1980 and 1981. The principal changes are as follows:—

In Part I of Schedule 1 to the principal regulations—

1.

the figures in tables 2, 3 and 4 (relating to the residual values of phosphoric acid, potash and purchased farmyard manure) have been updated;

2.

the method of calculating the unexhausted manurial values of feeding stuffs has been revised and simplified. Two new Tables, 5(a) Cattle, Sheep and Pigs—open slurry and 5(b) Poultry—open slurry, replace Tables 5(a)-(j) and a new version of Table 6 sets out adjustments for preparation and storage of effluent;

3.

paragraph 11(1) has been amended to include a new method of calculating the acclimatisation value of hefted sheep;

4.

in paragraph 12(1) a definition of “arable crop” has been inserted. The definition of “the accepted proportion” (which definition supplies a basis for calculating the amount of the excess qualifying leys which qualify for compensation under paragraph 12(2)) has now been amended to refer to the proportion which the area of leys on the holding would be expected to bear to the area of the holding, taking into account the capability of the holding;

5.

paragraph 12(2) now relates to a holding which is in an area of the country where arable crops can be grown in an unbroken series of not less than six years. In paragraph 12(2)(b) the words “in aggregate” have been replaced by “a total of”: the first part of paragraph 12(2)(c) has been expanded to ensure that it applies to any former ley where the first crop which has been sown in the last growing season before the termination of the tenancy has not been removed from the ground.

Footnotes

[^f00001]: In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.

[^f00002]: In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.

[^f00003]: amended by S.I. 1980/751 and 1981/822.

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