Agricultural Holdings (Units of Production) (England) Order 2005 (S.I. No. 2867 of 2005)

The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] Statutory Instrument 2005 No. 2867 The Agricultural Holdings (Units of Production) (England) Order 2005 © Crown Copyright 2005 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. 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STATUTORY INSTRUMENTS 2005 No. 2867 LANDLORD AND TENANT, ENGLAND The Agricultural Holdings (Units of Production) (England) Order 2005 Made 12th October 2005 Laid before Parliament 14th October 2005 Coming into force 7th November 2005 http://www.opsi.gov.uk/bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110734734 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] 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 2005 and shall come into force on 7th November 2005. (2) In this Order— "Council Regulation 1251/1999" means Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable crops[3] as it applied to the marketing year 2004/2005[4]; "Council Regulation 1254/1999" means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal[5] as it applied immediately before 1st January 2005[6]; "Council Regulation 2529/2001" means Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeat[7] as it applied immediately before 1st January 2005[8]; "marketing year" shall be construed in accordance with Council Regulation 1251/1999[9]. 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, 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 7th November 2005, 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 was in the marketing year 2004/2005 designated as set aside land, as is mentioned in entries 7 and 8 respectively 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 http://www.opsi.gov.uk/si/si2005/20052867.htm#note1 http://www.opsi.gov.uk/si/si2005/20052867.htm#note2 http://www.opsi.gov.uk/si/si2005/20052867.htm#note3 http://www.opsi.gov.uk/si/si2005/20052867.htm#note4 http://www.opsi.gov.uk/si/si2005/20052867.htm#note5 http://www.opsi.gov.uk/si/si2005/20052867.htm#note6 http://www.opsi.gov.uk/si/si2005/20052867.htm#note7 http://www.opsi.gov.uk/si/si2005/20052867.htm#note8 http://www.opsi.gov.uk/si/si2005/20052867.htm#note9 The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] entry, and (b) the amount determined, for the period of 12 months beginning with 7th November 2005, 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 2004[10] is revoked. Bach Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 12th October 2005 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 (other than Channel Islands breeds) cow 260 Beef breeding cows: On less favoured area land under the Hill Farm Allowance Regulations 2005[11] cow 31(1) On other land cow 80(1) Beef fattening cattle head 63(2) http://www.opsi.gov.uk/si/si2005/20052867.htm#note10 http://www.opsi.gov.uk/si/si2005/20052867.htm#note11 The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] (semi intensive) Dairy replacements head 45(3) Ewes: On less favoured area land under the Hill Farm Allowance Regulations 2005 ewe 14(4) On other land ewe 21(5) Store lambs (including ewe lambs sold as shearlings) head 1.05 Pigs: Sows and gilts in pig sow or gilt 95 Porker head 1.90 Cutter head 3.50 Bacon head 5.50 Poultry: Laying hens bird 1.25 Broilers bird 0.15 Point-of lay pullets bird 0.30 Christmas Turkeys bird 3.00 2. Farm arable crops Barley hectare 199(6) Beans hectare 175(7) Herbage seed hectare 120 Oats hectare 131(8) Oilseed rape hectare 188(9) Peas: Dried hectare 201(10) Vining hectare 175 Potatoes: The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] First early hectare 900 Maincrop (including seed) hectare 780 Sugar Beet hectare 270 Wheat hectare 266(11) 3. Outdoor horticultural crops Broad beans hectare 575 Brussel sprouts hectare 1600 Cabbage, savoys and sprouting broccoli hectare 2000 Carrots hectare 3100 Cauliflower and winter broccoli hectare 1000 Celery hectare 8000 Leeks hectare 3600 Lettuce hectare 4150 Onions: Dry bulb hectare 1305 Salad hectare 3800 Parsnips hectare 3250 Rhubarb (natural) hectare 6900 Turnips and swedes hectare 1500 4. Orchard fruit Apples: Cider hectare 380 Cooking hectare 1250 Dessert hectare 1400 Cherries hectare 900 Pears hectare 1000 Plums hectare 1250 5. Soft fruit Blackcurrants hectare 850 Raspberries hectare 3100 The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] Strawberries hectare 4200 6. Miscellaneous Hops hectare 1700 7. Forage Land Eligible forage area as described in regulation 7 of the Hill Farm Allowance Regulations 2005 hectare The amount of hill farm allowance required to be paid under the Hill Farm Allowance Regulations 2005 8. Set-aside Land which was, in the marketing year 2004/2005, set-aside under Article 2(3) of Council Regulation 1251/1999, except where such land was used in that period (in accordance with Article 6(3) of Council Regulation 1251/1999) for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption hectare 37 NOTES TO THE SCHEDULE 1. Deduct £135 from the figure in column 3 in the case of animals for which the net annual income would not include a sum in respect of the premium for maintaining suckler cows (suckler cow premium) provided for in Article 6 of Council Regulation 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £27 to the figure in column 3 in the case of animals for which the net annual income would include a sum in respect of the lower rate of extensification premium provided for in Article 13 of Council Regulation 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £54 to the figure in column 3 in the case of animals for which the net annual income would include a sum in respect of the higher rate of extensification premium provided for in Article 13 of Council Regulation 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. 2. This is the figure for animals which would be kept for 12 months. The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] Deduct £115 in the case of animals which are kept for 12 months and for which the net annual income would 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 1254/1999 if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £27 to the figure in column 3 in the case of animals which are kept for 12 months and for which the net annual income would include a sum in respect of the lower rate of extensification premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. Add £54 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 would include a sum in respect of the higher rate of extensification premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. In the case of animals which— (1) are kept for less than 12 months, and (2) for which the net annual income would not include a sum in respect of beef special premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004, the net annual income is to be calculated by deducting £115 from the figure in column 3 and then making a pro rata adjustment of the resulting figure. In the case of animals which— (1) are kept for less than 12 months, and (2) for which the net annual income would include a sum in respect of beef special premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004, the net annual income is to be calculated by first deducting £115 from the figure in column 3, then making a pro rata adjustment of the resulting figure, then adding to that figure the sum of £115 and (where the net annual income would include a sum in respect of extensification premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004) the sum of £27 (where the extensification premium would be paid at the lower rate) or £54 (where the extensification premium would be paid at the higher rate). 3. This indicates the figure for animals (irrespective of age) which would be 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 £19 from the figure in column 3 in the case of animals for which the net annual income would 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 2529/2001 if that premium were still available and the conditions for receiving it were the The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] same as for the calendar year 2004. 5. Deduct £15 from the figure in column 3 in the case of animals for which the net annual income would not include a sum in respect of sheep annual premium if that premium were still available and the conditions for receiving it were the same as for the calendar year 2004. 6. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of the compensatory payment for producers of arable crops (area payment) provided for in Article 2 of Council Regulation 1251/1999 if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. 7. Deduct £274 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. 8. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. 9. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. 10. Deduct £274 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. 11. Deduct £238 from the figure in column 3 in the case of land for which the net annual income would not include a sum in respect of area payment if that payment were still available and the conditions for receiving it were the same as for the marketing year 2004/2005. 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 2005 to 6th November 2006 inclusive. This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2004. 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 Agricultural Holdings Act 1986: see in particular sections 36(3) and 50(2). A "commercial unit of agricultural land" is land which, when farmed under The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] 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, whenever a particular farming use mentioned in column 1 of the Schedule to this Order 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. The notes to the Schedule require various additions and deductions to be applied in respect of payments which were payable under several Common Agricultural Policy schemes which have now been replaced by the Single Payment Scheme. The notes require those additions and deductions to be applied where the payments would or would not be made if those schemes were still in operation and the conditions for receiving the payments in the last year of operation of each scheme still applied. 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 (S.I. 2002/794).back [3] OJ No. L160, 26.6.99, p.1.back [4] Council Regulation (EC) No. 1251/1999 was amended by Council Regulation (EC) No. 2704/1999 (OJ No. L327, 21.12.99, p.12); Council Regulation 1672/2000 (OJ No. L193, 29.7.00, p.13); Council Regulation 1038/2001 (OJ No. L145, 31.5.01, p.16); the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p.33); and by Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1). Council Regulation (EC) No. 1251/1999 was repealed by Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1) (Article 153(3)) with application from 28th October 2003 (Article 156(2)) but continued to apply to the marketing year 2004/2005 (1st July 2004 to 30th June 2005).back [5] OJ No. L160, 26.6.99, p.21.back [6] Council Regulation (EC) No. 1254/1999 was amended by Council Regulation (EC) No. 1455/2001 (OJ No. L198, 21.7.01, p.58); Council Regulation (EC) No. 1512/2001 (OJ No. L201, 26.7.01, p.1); Commission http://www.opsi.gov.uk/si/si2005/20052867.htm#n1 http://www.opsi.gov.uk/si/si2005/20052867.htm#n2 http://www.opsi.gov.uk/si/si2005/20052867.htm#n3 http://www.opsi.gov.uk/si/si2005/20052867.htm#n4 http://www.opsi.gov.uk/si/si2005/20052867.htm#n5 The Agricultural Holdings (Units of Production) (England) Order 2005 file:///D/HTML/uk61729.htm[16.01.2025 11:50:24] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland We welcome your comments on this site © Crown copyright 2005 Prepared 19 October 2005 Regulation (EC) No. 2345/2001 (OJ No. L315, 1.12.01, p.29); the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p.33); Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.03, p.1); Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1); and Council Regulation (EC) No. 1899/2004 (OJ No. L328, 30.10.04, p.67). Articles 3 to 25 of Council Regulation (EC) No. 1254/1999 were deleted by Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.03, p.1) (Article 152(b)) with application from 1st January 2005 (Article 156(2)(f)).back [7] OJ No. L341, 22.12.01, p.3.back [8] Council Regulation (EC) No. 2529/2001 was amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.03, p.33). Articles 3 to 11 of Council Regulation (EC) No. 2529/2001 were deleted by Council Regulation No. 1782/2003 (OJ No. L270, 21.10.03, p.1) (Article 152(c)) with application from 1st January 2005 (Article 156(2)(f)).back [9] See Article 1(2) of Council Regulation (EC) No. 1251/1999.back [10] S.I. 2004/1811.back [11] S.I. 2005/154.back ISBN 0 11 073473 4 http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/stat.htm http://www.opsi.gov.uk/ http://www.opsi.gov.uk/legislation/wales/w-stat.htm http://www.opsi.gov.uk/legislation/wales/w-stat.htm http://www.opsi.gov.uk/legislation/scotland/s-stat.htm http://www.opsi.gov.uk/legislation/scotland/s-stat.htm http://www.opsi.gov.uk/legislation/scotland/s-stat.htm http://www.opsi.gov.uk/legislation/northernireland/ni-srni.htm http://www.opsi.gov.uk/legislation/northernireland/ni-srni.htm http://www.opsi.gov.uk/contact/comments.htm http://www.opsi.gov.uk/si/si2005/20052867.htm#n6 http://www.opsi.gov.uk/si/si2005/20052867.htm#n7 http://www.opsi.gov.uk/si/si2005/20052867.htm#n8 http://www.opsi.gov.uk/si/si2005/20052867.htm#n9 http://www.opsi.gov.uk/si/si2005/20052867.htm#n10 http://www.opsi.gov.uk/si/si2005/20052867.htm#n11