# The Agricultural Holdings (Units of Production) (Wales) Order 2006 W.S.I. 2006/2796 · made 17 October 2006 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. Made under: Agricultural Holdings Act 1986 (Schedule 6 paragraph 4) PDFs: Printed copy https://openlegislation.uk/agricultural-holdings-units-of-production-wales-order-2006/pdf/wsi_20062796_mi.pdf ## Introductory text 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 1986, which are now vested in it, the National Assembly for Wales makes the following Order:— ## 1 Title, commencement and interpretation (1) The title of this Order is the Agricultural Holdings (Units of Production) (Wales) Order 2006 and it comes into force on 27 October 2006. (2) This Order applies in relation to Wales. (3) Any reference in this Order to “Schedule 1” or “Schedule 2” is a reference to the appropriate Schedule attached to this Order. (4) In this Order: (a) “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 crops as last amended by Council Regulation (EC) No. 1782/2003; (b) “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 veal as amended by Council Regulation (EC) No. 1455/2001; Council Regulation (EC) No. 1512/2001; Council Regulation (EC) No. 2345/2001; 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 founded; Council Regulation (EC) No. 806/2003 and the amendments made by Council Regulation (EC) No. 1782/2003 to Article 10(1) and Annexes 1 and 2 of Council Regulation 1254/99; (c) “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 goatmeat 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 founded; (d) “marketing year” (“blwyddyn farchnata”) is to be construed in accordance with Council Regulation 1251/1999. ## 2 Assessment of productive capacity of land (1) 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. (2) 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— (a) 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 (b) 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. (3) 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 — (a) 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 (b) 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. (4) 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— (a) 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 (b) 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. (5) 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— (a) 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 (b) 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. ## 3 Revocation The Agricultural Holdings (Units of Production) (Wales) Order 2004 is hereby revoked. ## Signature Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998. D. Elis-Thomas The Presiding Officer of the National Assembly 17 October 2006 ## Schedule 1 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 (£) 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 2001 cow 31 On other land cow 80 Beef fattening cattle (semi-intensive) head 63 Dairy replacements head 45 Ewes: On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 ewe 14 On other land ewe 21 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 Beans hectare 175 Herbage seed hectare 120 Oats hectare 131 Oilseed rape hectare 188 Peas: Dried hectare 201 Vining hectare 175 Potatoes: First early hectare 900 Maincrop (including seed) hectare 780 Sugar Beet hectare 270 Wheat hectare 266 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 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 (£) 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— (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 (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 On other land cow 80 Beef fattening cattle (semi-intensive) head 63 Dairy replacements head 45 Ewes: On land which is “eligible land” for the purposes of the Tir Mynydd (Wales) Regulations 2001 ewe 14 On other land ewe 21 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 Beans hectare 175 Herbage seed hectare 120 Oats hectare 131 Oilseed rape hectare 188 Peas: Dried hectare 201 Vining hectare 175 Potatoes: First early hectare 900 Maincrop (including seed) hectare 780 Sugar Beet hectare 270 Wheat hectare 266 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. --- Source: https://www.legislation.gov.uk/wsi/2006/2796 (the official version) Page: https://openlegislation.uk/agricultural-holdings-units-of-production-wales-order-2006 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.