Article 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.