Legalize
Legalize / United Kingdom / Statutory-Instrument

The Agricultural Holdings (Units of Production) (England) Order 2021

Type Statutory-Instrument
Publication 2021-01-29
Last updated 2022-02-23
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles 3
Reform history JSON API

Made: 29th January 2021

Laid before Parliament: 2nd February 2021

Coming into force: 23rd February 2021

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, commencement and interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of productive capacity of land

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE

Column 1 Column 1 Column 2 Column 3
Farming use Farming use Unit of production Net annual income from unit of production (£)
(1)This is the figure for animals (irrespective of age) which are 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 (irrespective of age) which are 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 (irrespective of age) which are 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 (irrespective of age) which are 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)The figures given in Column 3, for a hectare of the type of land described in Column 1, are the aggregate of the BPS rate and greening rate applicable to that unit of production for the relevant farming use. The BPS rates used have been adjusted to take off average rents and 2% for cross compliance. The BPS rates and greening rates are those confirmed on 5th November 2019 at https://www.gov.uk/government/news/rpa-confirms-bps-2019-entitlement-values-and-greening-rates. Hard copies can be obtained from the Rural Payments Agency, P.O. Box 69, Reading, RG1 3YD. (2)The figures given in Column 3, for a hectare of the type of land described in Column 1, are the aggregate of the BPS rate and greening rate applicable to that unit of production for the relevant farming use. The BPS rates used have been adjusted to take off average rents and 2% for cross compliance. The BPS rates and greening rates are those confirmed on 5th November 2019 at https://www.gov.uk/government/news/rpa-confirms-bps-2019-entitlement-values-and-greening-rates. Hard copies can be obtained from the Rural Payments Agency, P.O. Box 69, Reading, RG1 3YD. (2)The figures given in Column 3, for a hectare of the type of land described in Column 1, are the aggregate of the BPS rate and greening rate applicable to that unit of production for the relevant farming use. The BPS rates used have been adjusted to take off average rents and 2% for cross compliance. The BPS rates and greening rates are those confirmed on 5th November 2019 at https://www.gov.uk/government/news/rpa-confirms-bps-2019-entitlement-values-and-greening-rates. Hard copies can be obtained from the Rural Payments Agency, P.O. Box 69, Reading, RG1 3YD. (2)The figures given in Column 3, for a hectare of the type of land described in Column 1, are the aggregate of the BPS rate and greening rate applicable to that unit of production for the relevant farming use. The BPS rates used have been adjusted to take off average rents and 2% for cross compliance. The BPS rates and greening rates are those confirmed on 5th November 2019 at https://www.gov.uk/government/news/rpa-confirms-bps-2019-entitlement-values-and-greening-rates. Hard copies can be obtained from the Rural Payments Agency, P.O. Box 69, Reading, RG1 3YD.
1. Livestock 1. Livestock 1. Livestock 1. Livestock
Dairy cows Dairy cows Cow 587.00
Beef breeding cows: on land in a less favoured area Cow -174.00
Beef breeding cows: on other land Cow -239.00
Beef fattening cattle (semi-intensive) Beef fattening cattle (semi-intensive) Head -178.00[^f01000]
Dairy replacements Dairy replacements Head 99.00[^f01000]
Ewes: on land in a less favoured area Ewe -31.00
Ewes: on other land Ewe -0.50
Store lambs (including ewe-lambs sold as shearlings) Store lambs (including ewe-lambs sold as shearlings) Head 5.00
Pigs: sows and gilts in pig Sow or gilt 304.00
Pigs: porker Head 9.70
Pigs: cutter Head 13.10
Pigs: bacon Head 15.70
Poultry: laying hens Bird 3.80
Poultry: broilers Bird 0.40
Poultry: point of lay pullets Bird 0.70
Christmas turkeys Christmas turkeys Bird 7.70
2. Farm arable crops 2. Farm arable crops 2. Farm arable crops 2. Farm arable crops
Barley Barley Hectare 144.00
Beans Beans Hectare 179.00
Oilseed rape Oilseed rape Hectare 83.00
Dried peas Dried peas Hectare £18.00
Potatoes: first early Hectare 3690.00
Potatoes: maincrop (including seed) Hectare 3390.00
Sugar beet Sugar beet Hectare 410.00
Wheat Wheat Hectare 260.00
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 3170.00
Soft fruit Soft fruit Hectare 15370.00
4. Eligible hectare 4. Eligible hectare 4. Eligible hectare 4. Eligible hectare
Land which was, in 2019, an eligible hectare[^f01001] within the meaning of Regulation 1307/2013: moorland Hectare -0.80
Land which was, in 2019, an eligible hectare[^f01001] within the meaning of Regulation 1307/2013: severely disadvantaged land, excluding moorland Hectare 163.60
Land which was, in 2019, an eligible hectare[^f01001] within the meaning of Regulation 1307/2013: disadvantaged land Hectare 65.90
Land which was, in 2019, an eligible hectare[^f01001] within the meaning of Regulation 1307/2013: all other land Hectare -16.70

Signed

Victoria Prentis — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2021-01-29

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 from 23rd February 2021 to 22nd February 2022 for certain purposes of the Agricultural Holdings Act 1986 (“the 1986 Act”).

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 (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 (as defined in 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.

Article 2 also includes net annual income figures for land which was, in 2019, an eligible hectare within the meaning of Article 32(2) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.

Article 3 revokes the Agricultural Holdings (Units of Production) (England) (No. 2) Order 2019 ([S.I. 2019/1453](https://www.legislation.gov.uk/uksi/2019/1453)).

Hard copies of the England LFA Maps (as defined in article 1(2)) and the Moorland Map of England 2009 can be obtained by emailing farming-statistics@defra.gov.uk or writing to the Farming Statistics Team at Room 201, Foss House, 1-2 Peasholme Green, York, YO1 7PX.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1986 c. 5. See section 96(1) for the definition of “the Minister” (in relation to England).

[^f00002]: Eligible hectares are entitled to receive direct payments made under the basic payment scheme (BPS rates) established by Regulation 1307/2013 (as defined in this Order), including an additional greening component (greening rates) in relation to agricultural practices beneficial for the climate and the environment.

[^f00003]: Maps showing less favoured areas in England can be accessed online athttps://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/666713/structure-june-eng-lessfavouredareas-13dec17.xls

[^f00004]: S.I. 2019/1453.

Editorial notes

[^key-c6088f99151b66e2f853460da5afe39c]: Order revoked (23.2.2022) by The Agricultural Holdings (Units of Production) (England) (No. 2) Order 2021 (S.I. 2021/1440), arts. 2(b), 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.