The Agricultural Holdings (Units of Production) (Wales) Order 2006
W.S.I. 2006/2796 · Made 17 October 2006
LANDLORD AND TENANT, WALES
Made 17 October 2006
Coming into force 27 October 2006
In exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986f1, which are now vested in itf2, the National Assembly for Wales makes the following Order:—
Annotations to the whole text
Footnotes
- f1
- f2
-
By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the functions of the Minister (defined in section 96(1) of the 1986 Act as the Secretary of State in relation to Wales) under paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986, were, so far as they are exercisable in relation to Wales, transferred to the National Assembly for Wales.
Contents
- 1Title, commencement and interpretation
- 2Assessment of productive capacity of land
- 3Revocation
- Signature
- Schedule 1PRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME
- Schedule 2PRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME
- Explanatory note
1Title, commencement and interpretation
The title of this Order is the Agricultural Holdings (Units of Production) (Wales) Order 2006 and it comes into force on 27 October 2006.
This Order applies in relation to Wales.
Any reference in this Order to “Schedule 1” or “Schedule 2” is a reference to the appropriate Schedule attached to this Order.
In this Order:
“Council Regulation 1251/99” (“Rheoliad y Cyngor 1251/99”) means Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable cropsf1 as last amended by Council Regulation (EC) No. 1782/2003f2;
“Council Regulation 1254/99” (“Rheoliad y Cyngor 1254/99”) means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and vealf3 as amended by Council Regulation (EC) No. 1455/2001f4; Council Regulation (EC) No. 1512/2001f5; Council Regulation (EC) No. 2345/2001f6; 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 Slovak Republic and the adjustments to the Treaties on which the European Union is foundedf7; Council Regulation (EC) No. 806/2003f8 and the amendments made by Council Regulation (EC) No. 1782/2003f9 to Article 10(1) and Annexes 1 and 2 of Council Regulation 1254/99;
“Council Regulation 2529/01” (“Rheoliad y Cyngor 2529/01”) means Council Regulation (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeatf10 as 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 Slovak Republic and the adjustments to the Treaties on which the European Union is foundedf11;
“marketing year” (“blwyddyn farchnata”) is to be construed in accordance with Council Regulation 1251/1999.
2Assessment of productive capacity of land
This article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in Wales, 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.
For the period of 12 months beginning with 12 September 2004, 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 Schedule 1, then—
the unit of production prescribed in relation to that use of the land is the unit specified in column 2 of Schedule 1 opposite to that entry, and
the amount determined as the net annual income from that unit of production in that period is the amount specified in column 3 of Schedule 1 opposite to that entry as read with any relevant Note to Schedule 1.
For the period of 12 months beginning with 12 September 2004, where land capable, when farmed under competent management, of producing a net annual income is the subject of Tir Mynydd payments or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of Schedule 1, then —
the unit of production prescribed in relation to that use of the land is the unit specified in column 2 of Schedule 1 opposite to that entry, and
the amount determined as the net annual income from that unit of production in that period is the amount in the entry in column 3 of Schedule 1 opposite to that entry.
For the period of 12 months beginning with 12 September 2005, 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 Schedule 2, then—
the unit of production prescribed in relation to that use of the land is the unit specified in column 2 of Schedule 2 opposite to that entry, and
the amount determined as the net annual income from that unit of production in that period is the amount specified in column 3 of Schedule 2 opposite to that entry as read with any relevant Note to Schedule 2.
For the period of 12 months beginning with 12 September 2005, where land capable, when farmed under competent management, of producing a net annual income is the subject of Tir Mynydd payments or was in the marketing year 2004/2005 designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of Schedule 2, then—
the unit of production prescribed in relation to that use of the land is the unit specified in column 2 of Schedule 2 opposite to that entry, and
the amount determined as the net annual income from that unit of production in that period is the amount in the entry in column 3 of Schedule 2 opposite to that entry.
3Revocation
The Agricultural Holdings (Units of Production) (Wales) Order 2004f1 is hereby revoked.
Signature
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.
D. Elis-Thomas
The Presiding Officer of the National Assembly
17 October 2006
Schedule 1PRESCRIBED 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 (£) | |
| NOTES TO SCHEDULE 1 | |||
(1) Deduct £135 from the figure in column 3 in the case of animals for which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive did 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 £27 to the figure in column 3 in the case of animals for which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive included a sum in respect of the lower rate of extensification premium provided for in Article 13 of Council Regulation 1254/99. Add £54 to the figure in column 3 in the case of animals for which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive included 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 would be kept for 12 months. Deduct £115 in the case of animals which are kept for 12 months and for which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive did 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 £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 during the period 12 September 2004 to 31 December 2004 inclusive included a sum in respect of the lower rate of extensification premium. 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 during the period 12 September 2004 to 31 December 2004 inclusive included 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 which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive did not include a sum in respect of beef special premium, 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 are kept for less than 12 months and for which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive included a sum in respect of beef special premium, 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 during the period 12 September 2004 to 31 December 2004 inclusive included a sum in respect of extensification premium) the sum of £27 (where the said extensification premium was paid at the lower rate) or £54 (where the said extensification premium was 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 during the period 12 September 2004 to 31 December 2004 inclusive did 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 £15 from the figure in column 3 in the case of animals for which the net annual income during the period 12 September 2004 to 31 December 2004 inclusive did not include a sum in respect of sheep annual premium. | |||
(6) Deduct £238 from the figure in column 3 in the case of land for which the net annual income during the period 12 September 2004 to 30 June 2005 inclusive did 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 £274 from the figure in column 3 in the case of land for which the net annual income during the period 12 September 2004 to 30 June 2005 inclusive did not include a sum in respect of area payment. | |||
(8) Deduct £238 from the figure in column 3 in the case of land for which the net annual income during the period 12 September 2004 to 30 June 2005 inclusive did not include a sum in respect of area payment. | |||
(9) Deduct £238 from the figure in column 3 in the case of land for which the net annual income during the period 12 September 2004 to 30 June 2005 inclusive did not include a sum in respect of area payment. | |||
(10) Deduct £274 from the figure in column 3 in the case of land for which the net annual income during the period 12 September 2004 to 30 June 2005 inclusive did not include a sum in respect of area payment. | |||
(11) Deduct £238 from the figure in column 3 in the case of land for which the net annual income during the period 12 September 2004 to 30 June 2005 inclusive did not include a sum in respect of area payment. | |||
| 1. Livestock | |||
| Dairy cows (other than Channel Islands breeds) | cow | 260 | |
| Beef breeding cows : | |||
| On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001f1 | cow | 31 f2 | |
| On other land | cow | 80 | |
| Beef fattening cattle (semi-intensive) | head | 63 f3 | |
| Dairy replacements | head | 45 f4 | |
| Ewes: | |||
| On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 | ewe | 14 f5 | |
| On other land | ewe | 21 f6 | |
| 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 f7 | |
| Beans | hectare | 175 f8 | |
| Herbage seed | hectare | 120 | |
| Oats | hectare | 131 f9 | |
| Oilseed rape | hectare | 188 f10 | |
| Peas: | |||
| Dried | hectare | 201 f11 | |
| Vining | hectare | 175 | |
| Potatoes: | |||
| First early | hectare | 900 | |
| Maincrop (including seed) | hectare | 780 | |
| Sugar Beet | hectare | 270 | |
| Wheat | hectare | 266 f12 | |
| 3. Outdoor horticultural crops | |||
| Broad beans | hectare | 575 | |
| Brussels 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 | |
| Strawberries | hectare | 4200 | |
| 6. Miscellaneous | |||
| Hops | hectare | 1700 | |
| 7. Forage Land | |||
| On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 | hectare | The amount of the Tir Mynydd payment required to be paid under Regulation 2A of the Tir Mynydd (Wales) Regulations 2001 | |
| 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 | 37 | |
Schedule 2PRESCRIBED 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 (£) | |
| NOTES TO SCHEDULE 2 | |||
(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 1254/99 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 1254/99 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 1254/99 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. 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 1254/99 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—
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—
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 (when the extensification premium would be paid at the lower rate) or £54 (when 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 this figure 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 2529/01 if that premium were still available and the conditions for receiving it were the 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 which producers of arable crops may apply (area payment) provided for in Article 2 of Council Regulation 1251/99 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. | |||
| 1. Livestock | |||
| Dairy cows (other than Channel Islands breeds): | cow | 260 | |
| Beef breeding cows: | |||
| On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 | cow | 31 f1 | |
| On other land | cow | 80 | |
| Beef fattening cattle (semi-intensive) | head | 63 f2 | |
| Dairy replacements | head | 45 f3 | |
| Ewes: | |||
| On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 | ewe | 14 f4 | |
| On other land | ewe | 21 f5 | |
| 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 f6 | |
| Beans | hectare | 175 f7 | |
| Herbage seed | hectare | 120 | |
| Oats | hectare | 131 f8 | |
| Oilseed rape | hectare | 188 f9 | |
| Peas: | |||
| Dried | hectare | 201 f10 | |
| Vining | hectare | 175 | |
| Potatoes: | |||
| First early | hectare | 900 | |
| Maincrop (including seed) | hectare | 780 | |
| Sugar Beet | hectare | 270 | |
| Wheat | hectare | 266 f11 | |
| 3. Outdoor horticultural crops | |||
| Broad beans | hectare | 575 | |
| Brussels 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 | |
| Strawberries | hectare | 4200 | |
| 6. Miscellaneous | |||
| Hops | hectare | 1700 | |
| 7. Forage Land | |||
| On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 | hectare | The amount of the Tir Mynydd payment required to be paid under Regulation 2A of the Tir Mynydd (Wales) Regulations 2001 | |
| 8. Set-aside | |||
| Land which was, in the marketing year 2004/2005, set-aside under Article 2(3) of Council Regulation 1251/99, except where such land was 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 | 37 | |
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 Wales and sets out the amount which is to be regarded as the net annual income from each such unit for the years 12 September 2004 to 11 September 2005 inclusive and 12 September 2005 to 11 September 2006 inclusive by reference to Schedules 1 and 2 respectively.
This Order revokes the Agricultural Holdings (Units of Production) (Wales) 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 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 appropriate 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 of that Schedule will form the basis of that assessment.
The net annual income figures in column 3 of the relevant Schedule specify 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 Schedule 1 and Schedule 2 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 payments in the last year of operation of each scheme still applied.