LegalizeThe Agricultural Holdings (Units of Production) (England) Order 2010
Made: 14th October 2010
Laid before Parliament: 15th October 2010
Coming into force: 7th November 2010
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Citation, commencement and interpretation
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Assessment of productive capacity of land
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Revocation
3
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SCHEDULE — PRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME
| Column 1 Farming use | Column 1 Farming use | Column 2 Unit of production | Column 3 Net annual income from unit of production (£) | Column 3 Net annual income from unit of production (£) |
|---|---|---|---|---|
| (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. | (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. | (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. | (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. | (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. | (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. | (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. | (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. | (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 79 of Council Regulation 73/2009. | (3) This figure includes the protein crop premium provided for in Article 79 of Council Regulation 73/2009. | (3) This figure includes the protein crop premium provided for in Article 79 of Council Regulation 73/2009. | (3) This figure includes the protein crop premium provided for in Article 79 of Council Regulation 73/2009. | (3) This figure includes the protein crop premium provided for in Article 79 of Council Regulation 73/2009. |
| (4) S.I. 2010/167. | (4) S.I. 2010/167. | (4) S.I. 2010/167. | (4) S.I. 2010/167. | (4) S.I. 2010/167. |
| 1. Livestock | 1. Livestock | 1. Livestock | 1. Livestock | 1. Livestock |
| Dairy cows | Dairy cows | cow | 384 | |
| Beef breeding cows: | on land in a less favoured area | cow | -100 | |
| Beef breeding cows: | on other land | cow | -113 | |
| Beef fattening cattle (semi-intensive) | Beef fattening cattle (semi-intensive) | head | -184[^f01000] | |
| Dairy replacements | Dairy replacements | head | 116[^f01001] | |
| Ewes: | on land in a less favoured area | ewe | 9 | |
| Ewes: | on other land | ewe | 15 | |
| Store lambs (including ewe lambs sold as shearlings) | Store lambs (including ewe lambs sold as shearlings) | head | 3.5 | |
| Pigs: | sows and gilts in pig | sow or gilt | 314 | |
| Pigs: | porker | head | 11.1 | |
| Pigs: | cutter | head | 14 | |
| Pigs: | bacon | head | 16.7 | |
| Poultry: | laying hens | bird | 4.25 | |
| Poultry: | broilers | bird | 0.35 | |
| Poultry: | point-of-lay pullets | bird | 0.75 | |
| Christmas turkeys | Christmas turkeys | bird | 7.3 | |
| 2. Farm arable crops | 2. Farm arable crops | 2. Farm arable crops | 2. Farm arable crops | 2. Farm arable crops |
| Barley | Barley | hectare | 58 | |
| Beans | Beans | hectare | 64.43[^f01002] | |
| Oilseed rape | Oilseed rape | hectare | 108 | |
| Dried peas | Dried peas | hectare | 227.43[^f01002] | |
| Potatoes: | first early | hectare | 2743 | |
| Potatoes: | maincrop (including seed) | hectare | 2045 | |
| Sugar beet | Sugar beet | hectare | 764 | |
| Wheat | Wheat | hectare | 199 | |
| 3. Outdoor horticultural crops and fruit | 3. Outdoor horticultural crops and fruit | 3. Outdoor horticultural crops and fruit | 3. Outdoor horticultural crops and fruit | 3. Outdoor horticultural crops and fruit |
| Orchard fruit | Orchard fruit | hectare | 2790 | |
| Soft fruit | Soft fruit | hectare | 6470 | |
| 4. Forage land | 4. Forage land | 4. Forage land | 4. Forage land | 4. Forage land |
| Eligible forage area as defined in regulation 2 of the Hill Farm Allowance Regulations 2010[^f01003] | Eligible forage area as defined in regulation 2 of the Hill Farm Allowance Regulations 2010[^f01003] | hectare | the amount of hill farm allowance required to be paid under regulations 5 and 7 of the Hill Farm Allowance Regulations 2010[^f01003] | the amount of hill farm allowance required to be paid under regulations 5 and 7 of the Hill Farm Allowance Regulations 2010[^f01003] |
| 5. Eligible hectares | 5. Eligible hectares | 5. Eligible hectares | 5. Eligible hectares | 5. Eligible hectares |
| Land which was, in 2009, an eligible hectare for the purposes of Council Regulation 73/2009 | moorland | hectare | -17.36 | |
| Land which was, in 2009, an eligible hectare for the purposes of Council Regulation 73/2009 | severely disadvantaged land, excluding moorland | hectare | 173.70 | |
| Land which was, in 2009, an eligible hectare for the purposes of Council Regulation 73/2009 | disadvantaged land | hectare | 230.48 | |
| Land which was, in 2009, an eligible hectare for the purposes of Council Regulation 73/2009 | all other land | hectare | 136.48 |
Signed
Jim Paice — Minister of State — Department for Environment, Food and Rural Affairs — 14th October 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
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 2010 to 6th November 2011 for certain purposes of the Agricultural Holdings Act 1986 (“the 1986 Act”). This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2009.
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.
This Order includes net annual income figures for land which was, in 2009, an eligible hectare for the purposes of Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p.16); it also provides, by reference to the Hill Farm Allowance Regulations 2010 (S.I. 2010/167), net annual income figures for land which is the subject of payments of hill farm allowance under those Regulations.
An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen.
Footnotes
[^f00001]: 1986 c. 5; section 96(1) of that Act defines “the Minister”.
[^f00002]: 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 (S.I. 2002/794).
[^f00003]: OJ No L 30, 31.1.2009, p.16, last amended by Commission Regulation 360/2010 (OJ No L 106, 28.4.2010, p.1).
[^f00004]: S.I. 2009/2762.
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Editorial notes
[^key-bfad7e2d0891800d4ceb4ec4976ca44c]: Order revoked (7.11.2011) by The Agricultural Holdings (Units of Production) (England) Order 2011 (S.I. 2011/2451), arts. 1(1), 3
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