LegalizeThe Agricultural Holdings (Units of Production) (England) Order 2009
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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
| 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 76 of Council Regulation 1782/2003. | (3) This figure includes the protein crop premium provided for in Article 76 of Council Regulation 1782/2003. | (3) This figure includes the protein crop premium provided for in Article 76 of Council Regulation 1782/2003. | (3) This figure includes the protein crop premium provided for in Article 76 of Council Regulation 1782/2003. | (3) This figure includes the protein crop premium provided for in Article 76 of Council Regulation 1782/2003. |
| 1. Livestock | 1. Livestock | 1. Livestock | 1. Livestock | 1. Livestock |
| Dairy cows (other than Channel Islands breeds) | Dairy cows (other than Channel Islands breeds) | cow | 416 | |
| Beef breeding cows: | on land in a less favoured area as defined in regulation 2 of the HFA Regulations | cow | -143 | |
| Beef breeding cows: | on other land | cow | -147 | |
| Beef fattening cattle (semi-intensive) | Beef fattening cattle (semi-intensive) | head | -48[^f01000] | |
| Dairy replacements | Dairy replacements | head | 94[^f01001] | |
| Ewes: | on land in a less favoured area as defined in regulation 2 of the HFA Regulations | ewe | -12 | |
| Ewes: | on other land | ewe | -10 | |
| Store lambs (including ewe lambs sold as shearlings) | Store lambs (including ewe lambs sold as shearlings) | head | 3.50 | |
| Pigs: | sows and gilts in pig | sow or gilt | 182 | |
| Pigs: | Porker | head | 11.30 | |
| Pigs: | Cutter | head | 13.70 | |
| Pigs: | bacon | head | 15.70 | |
| Poultry: | laying hens | bird | 3 | |
| Poultry: | broilers | bird | 0.30 | |
| Poultry: | point-of-lay pullets | bird | 0.60 | |
| Christmas turkeys | Christmas turkeys | bird | 6.10 | |
| 2. Farm arable crops | 2. Farm arable crops | 2. Farm arable crops | 2. Farm arable crops | 2. Farm arable crops |
| Barley | Barley | hectare | -29 | |
| Beans | Beans | hectare | 7.92[^f01002] | |
| Oilseed rape | Oilseed rape | hectare | 9 | |
| Dried peas | Dried peas | hectare | -34.08[^f01002] | |
| Potatoes: | first early | hectare | 2497 | |
| Potatoes: | maincrop (including seed) | hectare | 1866 | |
| Sugar beet | Sugar beet | hectare | 357 | |
| Wheat | Wheat | hectare | 42 | |
| 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 | 2720 | |
| Soft fruit | Soft fruit | hectare | 6830 | |
| 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 HFA Regulations | Eligible forage area as defined in regulation 2 of the HFA Regulations | hectare | the amount of hill farm allowance required to be paid under regulations 3 and 5 of the HFA Regulations | the amount of hill farm allowance required to be paid under regulations 3 and 5 of the HFA Regulations |
| 5. Eligible hectares | 5. Eligible hectares | 5. Eligible hectares | 5. Eligible hectares | 5. Eligible hectares |
| Land which was, in 2008, an eligible hectare for the purposes of Council Regulation 1782/2003 | moorland | hectare | -22.73 | |
| Land which was, in 2008, an eligible hectare for the purposes of Council Regulation 1782/2003 | severely disadvantaged land, excluding moorland | hectare | 145.03 | |
| Land which was, in 2008, an eligible hectare for the purposes of Council Regulation 1782/2003 | disadvantaged land as defined in regulation 2 of the HFA Regulations | hectare | 190.88 | |
| Land which was, in 2008, an eligible hectare for the purposes of Council Regulation 1782/2003 | all other land | hectare | 103.88 |
Signed
Jim Fitzpatrick — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 13th October 2009
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 2009 to 6th November 2010 inclusive for certain purposes of the Agricultural Holdings Act 1986 (“the 1986 Act”). This Order revokes the Agricultural Holdings (Units of Production) (England) Order 2008.
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 2008, an eligible hectare for the purposes of Council Regulation (EC) No. 1782/2003 (OJ No L 270, 21.10.2003, p. 1); it also provides, by reference to the Hill Farm Allowance Regulations 2009 (S.I. 2009/138), 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 270, 21.10.2003, p 1; repealed by Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p 16).
[^f00004]: S.I. 2009/138.
[^f00005]: S.I. 2008/2708.
Editorial notes
[^key-767f7bdce911629297ff5e9a63d1241a]: Order revoked (E.) (7.11.2010) by The Agricultural Holdings (Units of Production) (England) Order 2010 (S.I. 2010/2504), arts. 1(1), 3
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