# The Agriculture (Calculation of Value for Compensation) Regulations 1978

S.I. 1978/809 · made 25 May 1978

These Regulations, which come into operation on 1st July 1978, make provision in respect of England and Wales for calculating the compensation payable to the outgoing tenant of an agricultural holding in respect of the short-term improvements and other matters set out in the Fourth Schedule to the Agricultural Holdings Act 1948, as varied by the Agricultural Holdings Act (Variation of Fourth Schedule) Order 1951 (S.I. 1951/2168) and the Agricultural Holdings Act 1948 (Variation of Fourth Schedule) Order 1978 (S.I. 1978/742). The last-mentioned Order added paragraph 12 to the Fourth Schedule providing a new head of compensation, namely, residual sod fertility value of certain qualifying leys on a holding in a district where it is normal farming practice to grow a succession of tillage crops on the same arable land. These Regulations include provisions for the calculation of that value.

PDFs: Printed copy https://openlegislation.uk/agriculture-calculation-of-value-for-compensation-regulations-1978/pdf/uksi_19780809_en.pdf

## Introductory text

LANDLORD AND TENANT
AGRICULTURAL HOLDINGS
Made 25th May 1978
Laid before Parliament 9th June 1978
Coming into Operation 1st July 1978
The Minister of Agriculture, Fisheries and Food, in relation to England, with the advice of the committee appointed by him under the provisions of section 79 of the Agricultural Holdings Act 1948, and the Secretary of State for Wales, in relation to Wales, with the advice of the committee appointed by him under the provisions of the said section 79 as read with Article 2(1) of the Transfer of Functions (Wales) (No. 1) Order 1978, in exercise of the powers conferred by section 51(1) of the Agricultural Holdings Act 1948, and now vested in them, and of all other powers enabling them in that behalf, hereby make the following regulations:—

## 1 Citation and commencement

These regulations may be cited as the Agriculture (Calculation of Value for Compensation) Regulations 1978, and shall come into operation on 1st July 1978.

## 2 Interpretation

(1) In these regulations, unless the context otherwise requires,—
“the Act” means the Agricultural Holdings Act 1948;
“roots” means the produce of any root crop of a kind normally grown for consumption on the holding;
“tenant” means the outgoing tenant;
“year” means a period of twelve consecutive calendar months.
(2) The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.
(3) Any reference in these regulations to any enactment shall be construed as a reference to that enactment as amended, varied or extended under that enactment or by or under any other enactment.

## 3 Compensation for improvements and other matters

Subject to subsections (2) and (3) of section 51 of the Act and to regulation 4 below, the compensation for any improvement or other matter specified in a numbered paragraph of the Fourth Schedule to the Act shall, where the tenancy of the tenant claiming such compensation terminates on or after the coming into operation of these regulations, be calculated in accordance with the paragraph so numbered in Schedule 1 to these regulations.

## 4 Reduction of compensation

(1) Where any work in relation to an improvement or other matter has not been carried out in the most efficient and economical manner practicable in the circumstances, or any improvement or other matter has been adversely affected by—
(a) any breach by the tenant of the rules of good husbandry, or
(b) any other act or omission of the tenant, whether intentional or negligent,
and the compensation for that improvement or other matter calculated pursuant to regulation 3 above exceeds the actual value to an incoming tenant, the compensation shall be reduced so as not to exceed such actual value, but no reduction shall be made for any adverse effects of seasonal conditions which the tenant could not reasonably have been expected to guard against or mitigate.
(2) Where—
(a) any hay, fodder crops, straw, roots, manure or compost are destroyed by fire or otherwise or, after the giving of a notice to quit by the tenant or the landlord and without the landlord's written consent, are sold by the tenant or removed by him from the holding, and
(b) but for the destruction, sale or removal, compensation would have been payable to the tenant under paragraph 8 of the Fourth Schedule to the Act in respect of the produce destroyed, sold or removed,
the compensation which would otherwise be payable to the tenant under these regulations shall be reduced by an amount equal to the reasonable cost to an incoming tenant of replacing on the holding produce similar in all respects to that which has been destroyed, sold or removed, less the value of the replaced produce itself, calculated under these regulations as if it had been on the holding when the tenant quitted at the termination of the tenancy.
(3) Paragraphs 8 to 10 of Part II of Schedule 1 to these regulations do not apply to crops or produce grown, seeds sown, cultivations, fallows or acts of husbandry performed or pasture laid down in contravention of the terms of a written contract of tenancy unless either—
(a) the tenant shows that the terms contravened were inconsistent with the fulfilment of the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry, or
(b) the contravention was reasonably necessary in consequence of the giving of a direction by the Minister under the Agriculture Act 1947 or by the Secretary of State for Wales under that Act as read with the Transfer of Functions (Wales) (No. 1) Order 1978.

## 5 Revocations

The instruments mentioned in Schedule 2 to these regulations are hereby revoked, but without prejudice to their application in relation to tenancies terminating before the coming into operation of these regulations.

## Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd May, 1978.
L.S.
John Silkin
Minister of Agriculture, Fisheries and Food
T. Alec Jones
Parliamentary Under Secretary of State for Wales
25th May, 1978

## 1 Mole drainage and works carried out to secure the efficient functioning thereof

(1) (a) Where the moles discharge into a piped main drain, the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-sixth for each year since the work was completed;
(b) Where the moles discharge direct into an open ditch (whether the outfalls are piped or not), the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-third for each year since the work was completed.
(2) If the value of any work, calculated in accordance with sub-paragraph (1) above, exceeds the actual value to an incoming tenant, in any case where—
(a) plans on a suitable scale, made at the time when the work was done, and showing the position of all moles, mains and outfalls, are not made available to the landlord; or
(b) moles were not drawn at a proper depth, having regard to the nature of the soil and subsoil; or
(c) any ditches into which the outfalls discharge have not been maintained clean, free from obstruction and at a proper depth since the work was done; or
(d) deep cultivation or other work interfering with the efficient functioning of the drains has been done on the land since the drainage work was completed; or
(e) the land is not of consistently suitable slope or soil texture for mole drainage to be effective; or
(f) the drainage scheme was not a proper one, having regard to all the conditions, or was not efficiently carried out; or
(g) for any other reason, the drainage system does not function efficiently,
the value so calculated shall be reduced so as not to exceed such actual value.

## 2 Protection of fruit trees against animals

The value shall be the reasonable cost of the protection, whether around each tree or around the perimeter of the orchard or both, reduced where necessary according to—
(a) the existing condition of the protection;
(b) the existing condition of the fruit trees;
(c) the further period for which protection is likely to be necessary.

## 3 

—

## 4 Clay burning

The value shall be the reasonable cost of the work, less one-quarter for each growing season since the work was completed.

## 5 Liming (including chalking) of land

(1) Subject to sub-paragraphs (2) and (3) below, the value shall be the reasonable cost of the lime applied to the land (including the cost of delivery and application) reduced by such amount as represents the value of calcium carbonate (CaCO3) or its equivalent calcium oxide (CaO) lost due to excess winter rainfall, such loss being estimated, by reference to mean annual excess winter rainfall and the rate of application of nitrogenous fertiliser to the land subsequent to the application of lime, in accordance with Table 1.
TABLE 1
Estimated annual loss of Calcium carbonate (CaCO3) and its equivalent Calcium oxide (CaO) due to excess winter rainfall and nitrogenous fertiliser application
Rate of application of nitrogenous fertiliser Kilogrammes per hectare annually
Up to 60
61 to 120
121 to 240
Over 240
Mean annual excess winter rainfall
Rate of application of lime (ground limestone or equivalent)
Annual lossKg/ha
Annual lossKg/ha
Annual lossKg/ha
Annual lossKg/ha
mm
tonnes per hectare
CaCO3
CaO
CaCO3
CaO
CaCO3
CaO
CaCO3
CaO
Up to 7.4
240
140
390
210
600
340
900
500
Up to 250
7.5 to 12.4
300
180
450
250
680
380
970
540
12.5 and over
400
230
550
300
770
430
1,070
600
Up to 7.4
490
280
640
360
870
490
1,170
650
260 to 500
7.5 to 12.4
680
380
820
460
1,040
590
1,340
750
12.5 and over
920
510
1,070
590
1,280
720
1,580
890
Up to 7.4
890
500
1,040
580
1,260
700
1,560
880
Over 500
7.5 to 12.4
1,230
690
1,370
770
1,590
890
1,900
1,050
12.5 and over
1,710
930
1,850
1,040
2,070
1,150
2,370
1,330
(2) For the purpose of sub-paragraph (1) above, the cost shall not be regarded as reasonable if it exceeds the estimated cost (including the cost of delivery and application) of the equivalent in ground limestone or chalk, whichever is the cheaper, of an application of 7.5 tonnes per hectare of calcium oxide unless a heavier dressing or alternative material was applied following and in accordance with scientific advice relating to the condition of the soil.
(3) (a) Where the soil characteristics and high excess winter rainfall taken together are such as to be major causes of rapid leaching of calcium from the soil, the value shall be nil at the end of four years after application of the lime; and
(b) in every other case, the value shall be nil at the end of eight years after application of the lime.
(4) In this paragraph and Table 1—
(a) the expression “lime” includes chalk;
(b) “excess winter rainfall” means the amount of rain falling between the date in autumn when the soil reaches field capacity and the end of March in the following year, less the amount of the evapotranspiration from the soil during that period, as is indicated by the data on such rainfall, including data of mean annual excess winter rainfall, in relation to different areas of England and Wales produced from time to time by the Meteorological Office.

### Chapter 6: Application to land of purchased manure and fertiliser, whether organic or inorganic

### Purchased fertilisers containing nitrogen, phosphate or potash

## I 

Fertilisers other than bulky organic manures:
(1) Where no crop has been taken from the land since the fertiliser was applied, the value shall be the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application).
(2) Where one crop or more has been taken from the land since the fertiliser was applied, the value shall be,—
(a) for nitrogen contained in the fertiliser, nil;
(b) subject as provided below, for each Unit of phosphoric acid (as P2O5) contained in the fertiliser, the amount calculated in accordance with Table 2 below:
Provided that—
(i) where a phosphatic fertiliser contains less than one-tenth of its total phosphoric acid content in an insoluble form, as indicated by the solubility test appropriate to that fertiliser, its total phosphoric acid content shall be treated as soluble;
(ii) where a phosphatic fertiliser other than a fertiliser specified and applied as described in items 2(a), 2(b)(i) or 3(a) in Table 2 contains more than one-tenth of its total phosphoric acid content in an insoluble form, the value shall be restricted to and determined only for each Unit of phosphoric acid in soluble form in that fertiliser;
(iii) for the purpose of this sub-paragraph, permanent grassland shall be taken to mean grassland which at the termination of the tenancy has been established for five or more years;
(iv) in the case of land situated in an area in which rapid fixation of phosphate occurs, the foregoing provisions of this sub-paragraph shall not apply and the value for each Unit of phosphoric acid contained in fertiliser applied to that land shall be the residual value (if any) determined in accordance with scientific evidence and by reference to the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application);
(c) for each Unit of potash (K2O) contained in the fertiliser, the amount calculated in accordance with Table 3 below:
Provided that—
(i) where a vegetable crop has been produced from the land following the application of the fertiliser and the majority of the stem and leaf was removed, the value shall be nil, but where the said majority was left on the land, the value shall be calculated in accordance with item 1 in Table 3, and where an intermediate proportion of stem and leaf was removed, the value shall be calculated in accordance with such proportion;
(ii) in the case of land comprised in holdings which are entirely or mainly horticultural holdings, the value shall be calculated in accordance with item 1 in Table 3.
(3) For the purposes of sub-paragraph (2) above, a Unit of nutrient (phosphoric acid (as P2O5) or, as the case may be, potash (K2O)) is the amount of nutrient contained in one per cent of a tonne of fertiliser calculated on the basis of the percentage content of the nutrient in the fertiliser as stated in the relevant statutory statement given in relation to the fertiliser under section 68 of the Agriculture Act 1970.
TABLE 2
Unit Value of Phosphoric acid (as P2O5) in one per cent of a tonne of fertiliser
After
Nature of fertiliser
ONE
TWO
THREE
growing seasons
p
p
p
1. Organic forms and inorganic forms (including basic slag) but excluding rock phosphates and calcined calcium aluminium phosphate
142
71
35
2. `Soft' ground rock phosphates applied in—
(a) areas with a mean excess winter rainfall of 450mm or more
142
71
35
(b) areas with a mean excess winter rainfall of less than 450mm
(i) Permanent grassland
142
71
35
(ii) Other crops
nil
nil
nil
3. Other ground rock phosphates applied in—
(a) areas with a mean excess winter rainfall of 450mm or more
35
35
35
(b) areas with a mean excess winter rainfall of less than 450mm
nil
nil
nil
4. Calcined calcium aluminium phosphate
The value, if any, shall be such as may be determined in accordance with scientific evidence

## II 

Bulky organic manures brought on to the holding:
Subject to sub-paragraphs (3) and (4) below, the values of bulky organic manures brought on and applied to the holding shall be in accordance with the provisions of sub-paragraphs (1) and (2) below:—
(1) Farmyard manure:
(a) Where no payment was made for the manure and—
(i) no crop has been taken from the land since the manure was applied, the value shall be the cost of delivery and application;
(ii) one crop or more has been taken from the land since the manure was applied, the value shall be, after the first growing season, one-half,
TABLE 3
Unit Value of Potash (K2O) in one per cent of a tonne of fertiliser
After
Type of crops to which fertiliser applied
ONE
TWO
THREE
growing seasons
p
p
p
1. Applied to arable crops (except forage crops) and all root crops where tops are left on the land, except potatoes (see also 4 below)
66
33
nil
2. Applied to leys, permanent grassland or forage crops which are grazed or the product cut and fed on the holding
66
33
nil
3. Applied to leys and permanent grassland the product of which is cut and removed from the holding
nil
nil
nil
4. Applied to roots (including potatoes) and forage crops which are removed from the holding
nil
nil
nil
and after the second growing season, one-quarter, of the cost of delivery and application, and thereafter, nil;
(b) Where payment was made for the manure and—
(i) no crop has been taken from the land since the manure was applied, the value shall be the cost of the manure as applied to the land (including the cost of delivery and application);
(ii) one crop or more has been taken from the land since the manure was applied, the value shall be, after the first growing season, one-half, and after the second growing season, one-quarter, of the said cost, and thereafter, nil:
Provided that the value of any type of manure specified in Table 4 below shall not exceed the value specified in relation to that type in the appropriate circumstances set out in that Table.
TABLE 4
Value per tonne of purchased farmyard manure
Type of manure
No crop off
After one growing season
After two growing seasons
After three growing seasons
p
p
p
p
Cattle (FYM)
430
215
108
nil
Horse (stable manure)
490
245
123
nil
Pig (FYM)
475
238
119
nil
Poultry (deep litter)
980
490
245
nil
Poultry (broiler manure)
1,165
583
291
nil
(2) Slurry:
Where manure is brought on and applied to the land in the form of slurry, the value shall be the reasonable cost of cartage (if any) and application.
(3) No compensation shall be payable under sub-paragraph (1) or (2) above in respect of the excess (if any) of the rates of application set out in the second column below in relation to the type of bulky organic manure specified in the first column below:—
Bulky Organic Manure
(1)
(2)
Type applied
Application per hectare per annum
Cattle, horse or pig manure
50 tonnes
Deep litter poultry manure
18 tonnes
Broiler poultry manure
12.5 tonnes
(4) No value shall be given to, and no compensation shall be payable in respect of, any purchased manure applied to land during the last year of the tenancy after the last crop was removed from that land unless such application was made at the written request, or with the written consent, of the landlord.

## B Magnesium and copper

(1) (a) (i) Subject to sub-paragraph (b) of this paragraph, where magnesium (in whatever chemical compound form) has been applied to land following and in accordance with scientific advice, the value of the magnesium so applied shall be taken to be the amount (if any) by which the net cost (including the cost of delivery and application) of the quantity of calcined magnesite required to provide the same quantity of magnesium as was actually applied (such net cost being calculated by reference to average prices and costs prevailing at the time of the purchase, delivery and application respectively, of the magnesium) exceeds the net cost (including, and calculated, as aforesaid) of the quantity of calcined magnesite which would provide 60 kilogrammes of magnesium per hectare.
(ii) After the first, second and third growing seasons following application of the magnesium, the value calculated in accordance with sub-paragraph (a)(i) above shall be reduced to three-quarters, one-half and one-quarter, respectively, and to nil thereafter.
(b) Sub-paragraph (a) above shall not apply to magnesium applied to land in the form of a magnesian fertiliser specified in Group 5 of Section A of Schedule 1 to the Fertilisers Regulations 1977.
(2) (a) Subject to sub-paragraph (b) below, where copper (in whatever chemical compound form) has been applied to land following and in accordance with scientific advice, the value of the copper so applied shall be taken to be the amount (if any) by which the net cost (including the cost of delivery and application) of the quantity of hydrated copper sulphate required to provide the same quantity of copper as was actually applied (such net cost being calculated by reference to average prices and costs prevailing at the time of the purchase, delivery and application, respectively, of the copper) exceeds the net cost (including, and calculated, as aforesaid) of the quantity of hydrated copper sulphate which would provide six kilogrammes of copper per hectare;
(b) The value of copper applied calculated in accordance with sub-paragraph (a) above shall be reduced by one-eighth for each year following application of the copper.

## 7 

Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuffs not produced on the holding by horses, cattle, sheep, pigs or poultry
(1) The values per tonne of feeding stuff consumed on the holding set out in Tables 5(a), (b), (c), (d), (e), (f), (g), (h) and (j) below shall apply in all cases where feeding stuffs are fed to the animals and poultry specified in those Tables in buildings or open yards and the manure, whether farmyard manure or in the form of slurry, is stored under average conditions.
(2) Where the conditions of storage of the manure are other than average, or where the feeding stuffs are fed directly on the land, the values set out in the said Tables 5(a)–(j) shall be adjusted in accordance with Table 6 below.
(3) For the purpose of sub-paragraphs (1) and (2) above and the said Tables 5(a)–(j), the expression “closed slurry” means slurry stored under slats or in a covered container.
TABLE 5(a
Cattle, Calves and Sheep—Farmyard Manure
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Grass hay
355
177
61
89
31
2. Clover hay
432
216
90
108
45
3. Dried grass
482
241
101
121
51
4. Dried lucerne
494
247
107
123
53
5. Straw
126
63
30
31
15
6. Mangels
56
28
9
14
4
7. Swedes
42
21
9
11
4
8. Turnips
43
21
9
11
4
9. Potatoes
80
40
15
20
8
10. Sugar beet pulp (dried—molassed)
282
141
49
70
24
11. Sugar beet pulp (wet—double pressed 18% DM)
56
28
10
14
5
12. Brewers grains (wet)
75
37
37
19
19
13. Field beans
418
209
157
104
79
14. Field peas
318
159
117
80
59
15. Barley
206
103
75
51
37
16. Wheat
190
95
77
48
39
17. Oats
197
99
80
49
40
18. Maize
149
74
58
37
29
19. Rice meal
210
105
88
53
44
20. Middlings/Bran
414
207
161
103
80
21. Cassava (Manioc)
69
34
23
17
11
22. Hominy chop
279
139
105
70
53
23. Locust beans
132
66
37
33
18
24. Citrus pulp
156
78
47
39
23
25. Fish meal
1,477
738
683
369
341
26. Soya bean meal
620
310
211
155
105
27. Decorticated cotton cake
709
355
294
177
147
28. Undecorticated cotton cake
570
285
224
142
112
29. Linseed cake/meal
534
267
201
134
100
30. Palm kernel cake/meal
279
139
118
70
59
31. Coconut cake/meal
502
251
150
126
75
32. Decorticated groundnut cake
526
263
200
131
100
33. Rapeseed cake/meal
624
312
246
156
123
34. Meat meal
1,380
690
662
345
331
35. Meat and bone meal
1,752
876
805
438
403
36. Dried skimmed milk
597
299
214
149
107
37. Skimmed milk (liquid)
58
29
21
15
10
38. Liquid whey
27
13
7
7
4
39. Liquid urea
425
212
86
106
43
40. Urea
1,278
639
639
0
0
41. Compounded cake: for each 1% CP
20.7
10.3
8.2
5.2
4.1
TABLE 5(b
Cattle, Calves and Sheep—Farmyard Manure
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
1. Grass hay
366
183
46
80
12
2. Clover hay
434
217
68
92
18
3. Dried grass
483
241
76
103
20
4. Dried lucerne
489
244
78
102
19
5. Straw
121
61
22
24
5
6. Mangels
59
30
7
14
3
7. Swedes
44
22
7
10
2
8. Turnips
43
22
7
9
2
9. Potatoes
82
41
11
18
3
10. Sugar beet pulp (dried—molassed)
282
141
32
59
4
11. Sugar beet pulp (wet—double pressed 18% DM)
57
28
6
12
1
12. Brewers grains (wet)
60
30
30
10
9
13. Field beans
369
185
123
68
37
14. Field peas
279
140
90
50
25
15. Barley
188
94
61
37
20
16. Wheat
170
85
64
33
22
17. Oats
173
86
64
32
21
18. Maize
132
66
46
25
15
19. Rice meal
187
94
73
36
26
20. Middlings/Bran
384
192
138
80
52
21. Cassava (Manioc)
65
33
19
14
7
22. Hominy chop
258
129
89
53
33
23. Locust beans
124
62
28
25
7
24. Citrus pulp
142
71
34
26
8
25. Fish meal
1,355
678
612
288
255
26. Soya bean meal
555
278
160
102
44
27. Decorticated cotton cake
632
316
244
122
86
28. Undecorticated cotton cake
525
262
191
107
71
29. Linseed cake/meal
479
240
161
91
52
30. Palm kernel cake/meal
242
121
96
44
32
31. Coconut cake/meal
484
242
122
101
41
32. Decorticated groundnut cake
445
223
148
74
37
33. Rapeseed cake/meal
557
278
200
106
67
34. Meat meal
1,275
638
605
278
261
35. Meat and bone meal
1,653
827
743
369
327
36. Dried skimmed milk
560
280
180
115
65
37. Skimmed milk (liquid)
54
27
17
11
6
38. Liquid whey
28
14
6
6
3
39. Liquid urea
405
203
53
78
3
40. Urea
752
376
376
0
0
41. Compounded cake: for each 1% CP
18.9
9.4
7.0
3.8
2.6
TABLE 5(c
Cattle, Calves and Sheep—Open Slurry
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Grass hay
297
149
39
65
10
2. Clover hay
353
176
57
75
16
3. Dried grass
393
196
64
84
18
4. Dried lucerne
397
199
66
83
17
5. Straw
99
49
18
20
5
6. Mangels
48
24
6
11
2
7. Swedes
36
18
6
8
2
8. Turnips
35
18
6
8
2
9. Potatoes
67
34
10
15
3
10. Sugar beet pulp (dried—molassed)
227
113
26
47
4
11. Sugar beet pulp (wet—double pressed 18% DM)
45
23
5
9
1
12. Brewers grains (wet)
51
26
25
9
8
13. Field beans
308
154
105
58
33
14. Field peas
232
116
76
42
23
15. Barley
157
79
52
31
18
16. Wheat
144
72
55
28
20
17. Oats
145
73
55
27
19
18. Maize
111
56
40
21
13
19. Rice meal
159
80
63
32
23
20. Middlings/Bran
326
163
119
68
46
21. Cassava (Manioc)
55
27
16
11
6
22. Hominy chop
218
109
77
45
29
23. Locust beans
102
51
23
20
6
24. Citrus pulp
116
58
28
22
7
25. Fish meal
1,174
587
534
253
227
26. Soya bean meal
459
229
135
86
39
27. Decorticated cotton cake
535
268
210
105
77
28. Undecorticated cotton cake
445
222
165
92
63
29. Linseed cake/meal
401
201
138
78
46
30. Palm kernel cake/meal
204
102
82
38
28
31. Coconut cake/meal
401
201
105
84
37
32. Decorticated groundnut cake
369
184
125
63
33
33. Rapeseed cake/meal
469
234
172
91
60
34. Meat meal
1,112
556
530
246
232
35. Meat and bone meal
1,438
719
652
324
291
36. Dried skimmed milk
470
235
155
98
58
37. Skimmed milk (liquid)
45
23
15
9
5
38. Liquid whey
23
11
6
5
2
39. Liquid urea
325
162
43
63
3
40. Urea
598
299
299
0
0
41. Compounded cake: for each 1% CP
16.0
8.0
6.0
3.3
2.3
TABLE 5(d
Pigs—Farmyard Manure
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Dried grass
470
235
107
118
53
2. Potatoes
77
39
16
19
8
3. Field beans
430
215
167
107
84
4. Field peas
331
166
127
83
64
5. Barley
208
104
78
52
39
6. Wheat
203
102
85
51
43
7. Oats
202
101
84
50
42
8. Maize
161
80
65
40
33
9. Rice meal
217
108
93
54
46
10. Middlings/Bran
423
211
169
106
85
11. Cassava (Manioc)
68
34
23
17
12
12. Fish meal
1,383
692
641
346
320
13. Soya bean meal
579
290
199
145
99
14. Decorticated cotton cake
736
368
312
184
156
15. Undecorticated cotton cake
579
289
234
145
117
16. Linseed cake/meal
552
276
216
138
108
17. Palm kernel cake/meal
294
147
128
73
64
18. Decorticated groundnut cake
556
278
221
139
110
19. Rapeseed cake/meal
644
322
262
161
131
20. Meat meal
1,383
691
666
346
333
21. Meat and bone meal
1,766
883
818
441
409
22. Dried skimmed milk
840
420
343
210
172
23. Skimmed milk (liquid)
84
42
35
21
17
24. Liquid whey
26
13
7
7
4
25. Compounded cake: for each 1% CP
21.2
10.6
8.7
5.3
4.3
TABLE 5(e
Pigs—Closed Slurry
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Dried grass
462
231
79
96
20
2. Potatoes
78
39
12
17
3
3. Field beans
371
185
129
65
37
4. Field peas
282
141
96
48
25
5. Barley
186
93
63
36
20
6. Wheat
176
88
68
32
22
7. Oats
174
87
66
31
21
8. Maize
138
69
51
24
15
9. Rice meal
190
95
76
36
26
10. Middlings/Bran
385
193
143
77
52
11. Cassava (Manioc)
64
32
19
13
7
12. Fish meal
1,295
647
587
285
255
13. Soya bean meal
521
261
153
98
44
14. Decorticated cotton cake
641
321
255
119
86
15. Undecorticated cotton cake
524
262
196
104
71
16. Linseed cake/meal
483
242
170
88
52
17. Palm kernel cake/meal
248
124
102
43
32
18. Decorticated groundnut cake
457
229
160
71
37
19. Rapeseed cake/meal
562
281
210
103
67
20. Meat meal
1,274
637
607
276
261
21. Meat and bone meal
1,655
827
751
365
327
22. Dried skimmed milk
694
347
256
111
65
23. Skimmed milk (liquid)
69
34
25
11
6
24. Liquid whey
27
13
7
6
3
25. Compounded cake: for each 1% CP
19.0
9.5
7.2
3.7
2.6
TABLE 5(f
Pigs—Open Slurry
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Dried grass
376
188
67
78
18
2. Potatoes
64
32
10
14
3
3. Field beans
309
155
110
56
33
4. Field peas
235
117
81
41
23
5. Barley
156
78
54
30
18
6. Wheat
148
74
59
28
20
7. Oats
146
73
57
27
19
8. Maize
115
58
43
21
13
9. Rice meal
161
80
66
31
23
10. Middlings/Bran
326
163
123
66
46
11. Cassava (Manioc)
53
27
16
11
6
12. Fish meal
1,125
563
514
251
227
13. Soya bean meal
432
216
130
82
39
14. Decorticated cotton cake
543
271
219
103
77
15. Undecorticated cotton cake
444
222
169
90
63
16. Linseed cake/meal
405
202
145
75
46
17. Palm kernel cake/meal
210
105
87
38
28
18. Decorticated groundnut cake
378
189
135
60
33
19. Rapeseed cake/meal
472
236
179
88
60
20. Meat meal
1,112
556
532
244
232
21. Meat and bone meal
1,439
719
658
321
291
22. Dried skimmed milk
577
289
216
95
58
23. Skimmed milk (liquid)
57
28
21
9
5
24. Liquid whey
22
11
6
5
2
25. Compounded cake: for each 1% CP
16.1
8.0
6.2
3.2
2.3
TABLE 5(g
Poultry—Farmyard Manure
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Dried grass
430
215
75
90
20
2. Field beans
353
176
124
63
37
3. Field peas
269
135
93
46
25
4. Barley
175
87
59
34
20
5. Wheat
166
83
65
31
22
6. Oats
163
81
63
30
21
7. Maize
129
64
48
24
15
8. Rice meal
183
92
74
35
26
9. Middlings/Bran
366
183
137
75
52
10. Cassava (Manioc)
60
30
18
12
7
11. Fish meal
1,262
631
575
283
255
12. Soya bean meal
485
242
143
93
44
13. Decorticated cotton cake
619
310
249
117
86
14. Undecorticated cotton cake
504
252
191
102
71
15. Linseed cake/meal
463
231
165
85
52
16. Palm kernel cake/meal
240
120
99
42
32
17. Decorticated groundnut cake
435
218
155
69
37
18. Rapeseed cake/meal
539
270
204
100
67
19. Meat meal
1,244
622
594
275
261
20. Meat and bone meal
1,613
807
736
362
327
21. Compounded cake: for each 1% CP
18.3
9.2
7.1
3.6
2.6
TABLE 5(h
Poultry—Closed Slurry
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Dried grass
461
205
39
103
20
2. Field beans
342
136
74
68
37
3. Field peas
260
100
51
50
25
4. Barley
174
74
41
37
20
5. Wheat
160
66
45
33
22
6. Oats
158
64
42
32
21
7. Maize
125
50
30
25
15
8. Rice meal
177
73
53
36
26
9. Middlings/Bran
364
159
105
80
52
10. Cassava (Manioc)
61
27
13
14
7
11. Fish meal
1,244
576
510
288
255
12. Soya bean meal
489
205
87
102
44
13. Decorticated cotton cake
597
244
173
122
86
14. Undecorticated cotton cake
498
214
142
107
71
15. Linseed cake/meal
452
183
105
91
52
16. Palm kernel cake/meal
227
89
64
44
32
17. Decorticated groundnut cake
411
149
74
74
37
18. Rapeseed cake/meal
523
213
135
106
67
19. Meat meal
1,212
556
523
278
261
20. Meat and bone meal
1,591
738
654
369
327
21. Compounded cake: for each 1% CP
18.0
7.6
5.1
3.8
2.5
TABLE 5(j
Poultry—Open Slurry
After one growing season
After two growing seasons
Feeding stuff
No crop off
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land
of leys, permanent grassland, roots or forage crops where the product is removed from the holding
p
p
p
p
p
1. Dried grass
375
168
35
84
18
2. Field beans
287
115
66
58
33
3. Field peas
217
85
45
42
23
4. Barley
146
63
36
31
18
5. Wheat
136
57
40
28
20
6. Oats
133
55
37
27
19
7. Maize
105
43
27
21
13
8. Rice meal
151
63
47
32
23
9. Middlings/Bran
309
137
93
68
46
10. Cassava (Manioc)
51
23
12
11
6
11. Fish meal
1,085
506
453
253
227
12. Soya bean meal
406
172
78
86
39
13. Decorticated cotton cake
508
211
153
105
77
14. Undecorticated cotton cake
423
184
126
92
63
15. Linseed cake/meal
379
156
93
78
46
16. Palm kernel cake/meal
193
77
57
38
28
17. Decorticated groundnut cake
342
126
66
63
33
18. Rapeseed cake/meal
442
182
120
91
60
19. Meat meal
1,062
491
465
246
232
20. Meat and bone meal
1,389
648
581
324
291
21. Compounded cake: for each 1% CP
15.3
6.6
4.6
3.3
2.3
TABLE 6
Method of storage of FYM and slurry
Adjustment to Tables
Manure stored under ideal conditions:
FYM
Increase by up to 20 per cent
Slurry (`closed' storage)
Increase by up to 10 per cent
Manure stored under adverse conditions:
FYM
Reduce by up to 40 per cent
Slurry
Reduce by up to 50 per cent figures in `open slurry' Tables
Feeding stuffs fed directly on the land
Increase by 15 per cent figures in `closed slurry' Tables

## 8 Growing crops and severed or harvested crops and produce, being in either case crops or produce grown on the holding in the last year of the tenancy, but not including crops or produce which the tenant has a right to sell or remove from the holding

(1) Growing crops:—
(a) The value of growing crops, except root and green crops of a kind normally grown on a holding held under an autumn tenancy, shall be the reasonable cost of seeds sown, and cultivations, fallows and acts of husbandry performed, calculated in accordance with the provisions of paragraph 9 below;
(b) The value of growing root and green crops of a kind normally grown on a holding held under an autumn tenancy shall be the average market value on the holding of good quality crops, less the manurial value thereof calculated in accordance with Tables 5(a)–(j) above on the basis of `no crop off':
Provided that if the value so calculated exceeds the actual value to an incoming tenant in any case where—
(i) the crops are of inferior quality, or
(ii) the quantity of any kind of crops exceeds the quantity reasonably required for the system of farming practised on the holding,
the value so calculated shall be reduced so as not to exceed such actual value;
(c) In the case of—
(i) autumn-sown crops where the land was held under a spring tenancy, and
(ii) grass and clover seeds sown on land held under a spring or autumn tenancy from which no crop has been taken before termination of the tenancy,
the value shall be increased by an additional amount representing the enhancement of the value to an incoming tenant of the growing crop, but such additional amount shall not in any case exceed the rental value, at the termination of the tenancy, of the land sown to the crop, such rental value to be calculated by reference to the same matters and criteria as are by section 8 of the Act required to be taken into consideration or applied for the determination of the rent of a holding pursuant to that enactment:
Provided that if the area of any such crop exceeds the area of such crop which would normally be grown on the holding, having regard to the character and type of the holding and the terms of the tenancy (hereinafter referred to as “the normal area”) the foregoing provisions of this sub-paragraph shall apply only to the normal area of such crop.
(2) For the purposes of sub-paragraph (1) above “spring tenancy” means a yearly tenancy the last yearly term of which commenced between 1st January and 30th June inclusive, and “autumn tenancy” means a yearly tenancy the last yearly term of which commenced between 1st September and 31st December inclusive.
(3) Served or harvested crops and produce:—
The value shall be the market value for consumption by agricultural livestock on the holding of hay, fodder crops, straw, roots and other crops or produce of good quality less the manurial value thereof calculated in accordance with Tables 5(a)–(j) above on the basis of `no crop off':
Provided that if the value so calculated exceeds the actual value to an incoming tenant in any case where—
(a) the crops or produce are of inferior quality; or
(b) the quantity of any kind of crops or produce exceeds the quantity reasonably required for the system of farming practised on the holding; or
(c) the crops or produce are not left in convenient or proper places on the farm; or
(d) any hay or straw is not properly stacked and thatched or otherwise protected,
the value so calculated shall be reduced so as not to exceed such actual value.

## 9 Seeds sown and cultivations, fallows and acts of husbandry performed on the holding at the expense of the tenant

(1) The value shall be the reasonable cost of seeds sown and of cultivations, fallows and acts of husbandry performed, taking into account—
(a) normal current costs, having regard to the current agricultural wage, the cost of horse and tractor operations, the size and shape of the fields, and other relevant conditions;
(b) reasonable costs of hired tractor cultivations;
(c) increased costs over normal tractor rates, where owing to the size of the farm or fields, the shape of the fields, or to other special circumstances, it was reasonable to use horse labour;
but leaving out of account any expenditure incurred by the tenant up to and including the removal from the land of the last preceding crop and any rent paid by the tenant.
(2) For the purposes of sub-paragraph (1) above, the reasonable cost shall not be regarded as reduced merely because more than one operation was carried out by the tenant at the same time.
(3) Nothing in sub-paragraph (1) above shall be taken to limit the operation of this paragraph to any particular method of sowing nor to cultivations, fallows or acts of husbandry performed in any particular way.

## 10 Pasture laid down with clover, grass, lucerne, sainfoin or other seeds, being either—(a) pasture laid down at the expense of the tenant otherwise than in compliance with an obligation imposed on him by an agreement in writing to lay it down to replace temporary pasture comprised in the holding when the tenant entered thereon which was not paid for by him; or (b) pasture paid for by the tenant on entering on the holding

(1) Where no crop has been removed either by mowing or by grazing, the value shall be the reasonable cost of seeds sown, and cultivations, fallows and acts of husbandry performed, calculated in accordance with paragraph 9 above, but also taking into account any expenditure incurred solely for the benefit of the pasture before the removal of any crop in or with which the pasture was sown.
(2) Where one crop or more has been removed either by mowing or by grazing, the value shall be the face value of the pasture, taking into account—
(a) present condition;
(b) management since sowing;
(c) situation on the holding;
(d) fencing;
(e) water supply;
(f) any other circumstances appearing to be relevant.

## 11 Acclimatisation, hefting or settlement of hill sheep on hill land

(1) The value of hill sheep on hill land shall include such amount (if any) as represents the value attributable to the acclimatisation, hefting or settlement of the sheep on such land, but the said amount shall not in any case exceed a sum of four pounds per sheep.
(2) Any amount which may be included in the value of hill sheep under the provisions of the last foregoing sub-paragraph shall be apportioned and separately shown by the person carrying out the valuation as being attributable to the value of acclimatisation, hefting or settlement of such sheep.

## 12 Residual sod fertility value in certain districts

(1) In this paragraph—
“leys” means land laid down with clover, grass, lucerne, sainfoin or other seeds, but does not include permanent pasture;
“continuously maintained leys” means leys continuously maintained as such for a period of three or more growing seasons since being laid down excluding, if the leys were undersown or autumn-sown, the calendar year in which the sowing took place; and, for the purpose of this definition, the destruction of a ley (by ploughing or some other means) followed as soon as practicable by re-seeding to a ley without sowing a crop in the interval between such destruction and such re-seeding shall be treated as not constituting a break in the continuity of the maintenance of the ley;
“former leys” means arable land which within the three growing seasons immediately preceding the termination of the tenancy was ley which was continuously maintained ley before being destroyed by ploughing or some other means for the production of a tillage crop or crops;
“qualifying leys” means continuously maintained leys and former leys or either of them;
“the excess qualifying leys” means , subject as provided below, the area of qualifying leys on the holding at the termination of the tenancy which is equal to the area (if any) by which one-third of the aggregate of the areas of leys on the holding on the following dates, namely,—
(a) at the termination of the tenancy,
(b) on the date one year prior to such termination, and
(c) on the date two years prior to such termination
exceeds the accepted proportion at the termination of the tenancy: Provided that for the purpose of this definition qualifying leys laid down at the expense of the landlord without reimbursement by the tenant or any previous tenant of the holding or laid down by and at the expense of the tenant pursuant to agreement by him with the landlord for the establishment of a specified area of leys on the holding as a condition of the landlord giving consent to the ploughing or other destruction of permanent pasture or pursuant to a direction given by an arbitrator on a reference under section 10(1) of the Act shall not be included in the area of qualifying leys on the holding at the termination of the tenancy;
“the accepted proportion” means the area which represents the proportion which the aggregate area of the leys on the holding would be expected to bear to the area of the holding, excluding the permanent pasture thereon, in accordance with normal farming practice in the district or, if a greater proportion is provided for by or under the terms of the tenancy, that proportion.
(2) Where a holding is situated in a district in which the growing of a succession of tillage crops on the same arable land is normal farming practice, the residual fertility value of the sod of the excess qualifying leys on the holding shall be calculated (subject to sub-paragraph (3) below) as follows:—
(a) in respect of continuously maintained leys, £18 per hectare if any herbage has been cut and removed in the last growing season before the termination of the tenancy and £30 per hectare if the sward was, during such last growing season, grazed only;
(b) in respect of continuously maintained leys, the values specified in sub-paragraph (a) above shall be increased by £6 per hectare for each additional growing season over three growing seasons for which the leys have been established, but such increase shall not exceed in aggregate £36 per hectare if any herbage was cut and removed during the last growing season before the termination of the tenancy and shall not exceed £48 per hectare if the herbage was, during such last growing season, grazed only;
(c) in respect of any former ley sown to a first crop in the last growing season before the termination of the tenancy, the value shall be the value specified in sub-paragraphs (a) and (b) above according to the period for which the ley had been established before it was ploughed or otherwise destroyed and to whether the herbage was cut and removed, or grazed only, in the last growing season before the ley was ploughed or otherwise destroyed;
(d) in respect of any former ley to which sub-paragraph (c) above does not apply,—
(i) (aa) if only one arable crop was removed from the land following ploughing or other destruction of the ley, the value shall be two-thirds of the value specified in sub-paragraphs (a) and (b), and
(bb) if only two arable crops were removed from the land following ploughing or other destruction of the ley, the value shall be one-third of the value specified in sub-paragraphs (a) and (b),
according, in each case, to the period for which the ley had been established before it was ploughed or otherwise destroyed and to whether the herbage was cut and removed, or grazed only, in the last growing season before the ley was ploughed or otherwise destroyed; and
(ii) if more than two arable crops were removed from the land following ploughing or other destruction of the ley, the value shall be nil.
(3) Where the tenant is entitled to compensation in respect of a ley both under sub-paragraph (2) of paragraph 10 above and under sub-paragraph (2)(a) and, if applicable, sub-paragraph (2)(b) of this paragraph, the aggregate of the respective values per hectare thereunder, taken together, shall not exceed £148 per hectare.

## Schedule 2 

Regulations revoked
References
1. The Agriculture (Calculation of Value for Compensation) Regulations 1969.
S.I. 1969/1704
2. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1972.
S.I. 1972/864
3. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1975.
S.I. 1975/11
4. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1976.
S.I. 1976/818

## Explanatory note

These Regulations, which come into operation on 1st July 1978, make provision in respect of England and Wales for calculating the compensation payable to the outgoing tenant of an agricultural holding in respect of the short-term improvements and other matters set out in the Fourth Schedule to the Agricultural Holdings Act 1948, as varied by the Agricultural Holdings Act (Variation of Fourth Schedule) Order 1951 (S.I. 1951/2168) and the Agricultural Holdings Act 1948 (Variation of Fourth Schedule) Order 1978 (S.I. 1978/742). The last-mentioned Order added paragraph 12 to the Fourth Schedule providing a new head of compensation, namely, residual sod fertility value of certain qualifying leys on a holding in a district where it is normal farming practice to grow a succession of tillage crops on the same arable land. These Regulations include provisions for the calculation of that value.
The Agriculture (Calculation of Value for Compensation) Regulations 1969, as amended, which previously made provisions for the calculation of values, are revoked but without prejudice to their continued application in relation to tenancies terminating before 1st July 1978. Apart from minor drafting amendments, Regulation 4 (Reduction of compensation) is similar in effect to Regulation 4 of the 1969 Regulations and paragraphs 1, 2, 4, 9 and 10 of Schedule 1 reproduce the calculation of value provisions of similarly numbered paragraphs in the 1969 Regulations as subsequently amended.
Paragraphs 5 (Liming, including chalking), 6 (Application of purchased manure and fertilisers), 7 (Consumption of corn on the holding), 8 (Growing crops and severed or harvested crops and produce grown on the holding in the last year of the tenancy) and 11 (Acclimatisation, hefting or settlement of hill sheep on hill land) set out new or modified provisions for the calculation of the values of those matters. Paragraph 5 provides for the calculation of the value of liming, including chalking, and includes special provision for the calculation of value where soil characteristics and high excess winter rainfall together are major causes of rapid leaching of calcium from the soil. Paragraph 6 includes for the first time provisions for calculating the values of purchased magnesium and copper and makes different provisions for purchased bulky organic manures and for other purchased fertilisers. Paragraph 7 provides for the calculation of the value of feeding stuffs consumed, but not produced, on the holding, or corn whether produced on the holding or not, by cattle, horses, sheep or pigs, and, for the first time, by all poultry and not, as previously, only by poultry folded on the land as part of a system of farming practised on the holding. Paragraph 8 sets out different methods of calculating the values of growing crops and produce grown on the holding in the last year of the tenancy (other than crops or produce which the tenant has a right to sell or remove) according to whether they are root and green crops normally grown in an autumn tenancy, other crops in an autumn tenancy, autumn sown corps in a spring tenancy or grass and clover seeds sown in a spring or autumn tenancy from which no crop was taken, and also makes separate provision for calculation of the value of severed or harvested crops and produce. Paragraph 11 provides that the value of hill sheep on hill land shall include such amount (if any) as represents the value attributable to the acclimatisation, hefting or settlement of the sheep subject to a maximum of four pounds (instead of two pounds as previously). Paragraph 12(2) sets out the methods of calculating the residual sod fertility value of the excess qualifying leys (as defined in paragraph 12(1) and this differs according to circumstances as described in that paragraph. Paragraph 12(3) imposes a limit on the aggregate of values under paragraph 12(2)(a) and (b) and paragraph 10(2) (face value) in respect of the same ley.
The Regulations apply (except so far as excluded, in relation to the matters in Part II of Schedule 1 to the Regulations, by a written contract of tenancy) whenever the tenancy of the tenant claiming compensation terminates on or after 1st July 1978; in relation to tenancies terminating before that date, the Agriculture (Calculation of Value for Compensation) Regulations 1969, as amended, continue to apply with a similar exception.

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Source: https://www.legislation.gov.uk/uksi/1978/809 (the official version)
Page: https://openlegislation.uk/agriculture-calculation-of-value-for-compensation-regulations-1978
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.