Agricultural Holdings (Units of Production) (England) Order 2003 (S.I. No. 2151 of 2003)

The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Statutory Instrument 2003 No. 2151 The Agricultural Holdings (Units of Production) (England) Order 2003 © Crown Copyright 2003 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Agricultural Holdings (Units of Production) (England) Order 2003, ISBN 011047516X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 2003 No. 2151 LANDLORD AND TENANT ENGLAND The Agricultural Holdings (Units of Production) (England) Order 2003 Made 19th August 2003 Laid before Parliament 20th August 2003 file:///bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=011047516X mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Coming into force 12th September 2003 The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986[1], and now vested in her[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 2003 and shall come into force on 12th September 2003. (2) 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. (3) In this Order "Council Regulation 2529/01" means Council Regulation (EC) No. 2529/01 on the common organisation of the market in sheepmeat and goatmeat[3]; "Council Regulation 1251/99" means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops[4]; "Council Regulation 1254/99" means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal[5]. 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 sub-paragraph (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 6 in column 1 of the Schedule to this Order, then (a) the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and (b) the amount determined, for the period of 12 months beginning with 12th September 2003, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule. (3) Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of the Schedule to this Order, then The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] (a) the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and (b) the amount determined, for the period of 12 months beginning with 12th September 2003, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry. Revocation 3. The Agricultural Holdings (Units of Production) (England) Order 2002[6] is revoked. Whitty Parliamentary Under-Secretary of State Department for Environment, Food and Rural Affairs 19th August 2003 SCHEDULE Article 2 PRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME Column 1 Column 2 Column 3 Farming use Unit of production Net annual income from unit of production £ 1. Livestock Dairy cows: Channel Islands breeds cow 373 Other breeds cow 460 Beef breeding cows: On less favoured area land under the Hill Farm Allowance Regulations 2003[7] cow 43(1) The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] On other land cow 73(1) Beef fattening cattle (semi-intensive) head 75(2) Dairy replacements head 35(3) Ewes: On less favoured area land under the Hill Farm Allowance Regulations 2003 ewe 11(4) On other land ewe 19(5) Store lambs (including ewe lambs sold as shearlings) head 1.00 Pigs: Sows and gilts in pig sow or gilt 85 Porker head 1.75 Cutter head 3.25 Bacon head 5.00 Poultry: Laying hens bird 1.00 Broilers bird 0.12 Point-of-lay pullets bird 0.25 Christmas Turkeys bird 2.00 2. Farm arable crops Barley hectare 186(6) Beans hectare 169(7) Herbage seed hectare 100 The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Oats hectare 190(8) Oilseed rape hectare 171(9) Peas: Dried hectare 194(10) Vining hectare 175 Potatoes: First early hectare 800 Maincrop (including seed) hectare 750 Sugar Beet hectare 240 Wheat hectare 223(11) 3. Outdoor horticultural crops Broad beans hectare 500 Brussels sprouts hectare 1400 Cabbage, savoys and sprouting broccoli hectare 1800 Carrots hectare 2700 Cauliflower and winter broccoli hectare 975 Celery hectare 8000 Leeks hectare 3200 Lettuce hectare 4150 Onions: Dry bulb hectare 1305 The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Salad hectare 3800 Parsnips hectare 2850 Rhubarb (natural) hectare 6000 Turnips and swedes hectare 1300 4. Orchard fruit Apples: Cider hectare 380 Cooking hectare 1150 Dessert hectare 1250 Cherries hectare 800 Pears hectare 900 Plums hectare 1150 5. Soft fruit Blackcurrants hectare 800 Raspberries hectare 3000 Strawberries hectare 4000 6. Miscellaneous Hops hectare 1700 7. Forage Land Eligible forage area as described in regulation 7 of the Hill Farm Allowance hectare the amount of hill farm The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Regulations 2003 allowance required to be paid under the Hill Farm Allowance Regulations 2003 8. Set-aside 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. hectare 51 NOTES TO THE SCHEDULE (1) Deduct £124 from the figure in column 3 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 on the common organisation of the market in beef and veal. Add £25 to the figure in column 3 in the case of animals for which the net annual income includes a sum in respect of the lower rate of extensification premium provided for in Article 13 of Council Regulation 1254/99. Add £50 to the figure in column 3 in the case of animals for which the net annual income includes a sum in respect of the higher rate of extensification premium provided for in Article 13 of Council Regulation 1254/99. (2) This is the figure for animals which are kept for 12 months. Deduct £105 in the case of animals which are kept for 12 months and for which the net annual income does not include a sum in respect of the special premium for holding male bovine animals (beef special premium) provided for in Article 4 of Council Regulation 1254/99. Add £25 to the figure in column 3 in the case of animals which are kept for 12 months and for which the net annual income includes a sum in respect of the lower rate of extensification premium. Add £50 to the figure in column 3 in the case of animals which would be kept for that period and for which the net annual income includes a sum in respect of the higher rate of extensification premium. In the case of animals which are kept for less than 12 months and for The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] which the net annual income does not include a sum in respect of beef special premium, the net annual income is to be calculated by deducting £105 from the figure in column 3 and then making a pro rata adjustment of the resulting figure. In the case of animals which are kept for less than 12 months and for which the net annual income includes a sum in respect of beef special premium, the net annual income is to be calculated by first deducting £105 from the figure in column 3, then making a pro rata adjustment of the resulting figure, then adding to that figure the sum of £105 and (where the net annual income includes a sum in respect of extensification premium) the sum of £25 (where the extensification premium is paid at the lower rate) or £50 (where the extensification premium is paid at the higher rate). (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 £18 from the figure in column 3 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 Articles 4 and 5 of Council Regulation 2529/01 on the common organisation of the market in sheepmeat and goatmeat. (5) Deduct £14 from the figure in column 3 in the case of animals for which the net annual income does not include a sum in respect of sheep annual premium. (6) Deduct £249 from the figure in column 3 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 £288 from the figure in column 3 in the case of land for which the net annual ncome does not include a sum in respect of area payment. (8) Deduct £249 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment. (9) Deduct £250 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment. (10) Deduct £291 from the figure in column 3 in the case of land for which the net annual income does not include a sum in respect of area payment. (11) Deduct £250 from the figure in column 3 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 The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory 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 2003 to 11th September 2004 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2002. 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 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. Notes: [1] 1986 c.5; section 96(1) of the 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. (S.I. 2002/794).back [3] OJ No. L341, 22.12.01, p.3.back [4] OJ No. L160, 26.6.99, p.1, as last amended by Council Regulation (EC) No. 1038/01 (OJ No. L145, 31.5.01, p.16).back [5] OJ No. L160, 26.6.99, p.21, as last amended by Council Regulation (EC) No. 806/03 (OJ No. L122, 16.5.03, p.1).back [6] S.I. 2002/1925.back [7] S.I. 2003/289.back ISBN 0 11 047516 X file:///stat.htm file:/// http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm The Agricultural Holdings (Units of Production) (England) Order 2003 file:///D/HTML/uk42892.htm[16.01.2025 11:43:55] Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2003 Prepared 16 September 2003 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/hmsoform.htm