2023 No. 18
The Agricultural Holdings (Units of Production) (England) Order 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes this Order in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 19861.
Citation, commencement and extent1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2023 and comes into force on 23rd February 2023.
2
This Order extends to England and Wales.
Interpretation2
In this Order—
“disadvantaged land”, except in the expression “severely disadvantaged land”, means any area shown coloured blue on the England LFA maps;
“eligible hectare”2 has the same meaning as in Article 32(2) of Regulation 1307/2013;
“the England LFA maps” means the four volumes of maps entitled “Less Favoured Area Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the Intelligence Hub at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London, SW1P 3JR3;
“less favoured area” means any area of disadvantaged land or severely disadvantaged land;
“moorland” means all the land that is—
- a
severely disadvantaged land; and
- b
shown coloured brown in the three volumes of maps entitled “Moorland Map of England 2009”, each volume being marked with the number of the volume, dated 29th January 2010, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the Intelligence Hub at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London, SW1P 3JR;
- a
“Regulation 1307/2013” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy4, as it had effect on 31st December 2021;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps.
Assessment of productive capacity of land3
1
Paragraphs (2) and (3) have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England 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
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, farm arable crop, outdoor horticultural crop or fruit as is mentioned in any of the entries 1 to 3 in Column 1 of the Schedule—
a
the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in Column 2; and
b
the amount determined, for the period of 12 months beginning with 23rd February 2023, as the net annual income from that unit of production in that period is the amount in the corresponding entry in Column 3, as read with any relevant note to the Schedule.
3
Where the land in question is capable, when farmed under competent management, of producing a net annual income and was an eligible hectare in 2021 in accordance with entry 4 in Column 1 of the Schedule—
a
the unit of production prescribed in relation to that use of the land is the unit in the corresponding entry in Column 2; and
b
the amount determined, for the period of 12 months beginning with 23rd February 2023 as the net annual income from that unit of production in that period is the amount in the corresponding entry in Column 3.
Revocation of the Agricultural Holdings (Units of Production) England (No. 2) Order 20214
The Agricultural Holdings (Units of Production) (England) (No. 2) Order 20215 is revoked.
SCHEDULE 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 (£) | |
1. Livestock | |||
Dairy cows | Cow | 813.00 | |
Beef breeding cows: | on land in a less favoured area | Cow | -106.00 |
on other land | Cow | -156.00 | |
Beef fattening cattle (semi-intensive) | Head | -18.00 (1) | |
Dairy replacements | Head | 99.00 (1) | |
Ewes: | on land in a less favoured area | Ewe | -12.00 |
on other land | Ewe | 23.00 | |
Store lambs (including ewe-lambs sold as shearlings) | Head | 9.00 | |
Pigs: | sows and gilts in pig | Sow or gilt | 269.00 |
porker | Head | 9.10 | |
cutter | Head | 12.10 | |
bacon | Head | 14.50 | |
Poultry: | laying hens | Bird | 4.20 |
broilers | Bird | 0.30 | |
point of lay pullets | Bird | 0.80 | |
Christmas turkeys | Bird | 12.50 | |
2. Farm arable crops | |||
Barley | Hectare | 397.00 | |
Beans | Hectare | 135.00 | |
Oilseed rape | Hectare | 294.00 | |
Dried peas | Hectare | -50.00 | |
Potatoes: | first early | Hectare | 3460.00 |
maincrop (including seed) | Hectare | 2410.00 | |
Sugar beet | Hectare | 460.00 | |
Wheat | Hectare | 480.00 | |
3. Outdoor horticultural crops and fruit | |||
Orchard fruit | Hectare | 3460.00 | |
Soft fruit | Hectare | 15460.00 | |
4. Eligible hectare | |||
Land which was, in 2021, an eligible hectare(2) within the meaning of Regulation 1307/2013: | moorland | Hectare | -1.90 |
severely disadvantaged land, excluding moorland | Hectare | 154.00 | |
disadvantaged land | Hectare | 35.70 | |
all other land | Hectare | -49.00 | |
(1) This is the figure for animals (irrespective of age) which are kept for 12 months. In the case of animals kept for less than 12 months, a pro-rata adjustment of this figure is to be made. | |||
(2) The figures given in Column 3, for a hectare of the type of land described in Column 1, are the BPS rate applicable to that unit of production for the relevant farming use in 2021 adjusted to take off 5% to account for the operation of Article 11A of Regulation 1307/2013 (5% being the minimum reduction all claimants under the basic payment scheme will be subject to), average rents and 2% for cross compliance. The BPS rates are those confirmed on 28th October 2021 at https://www.gov.uk/government/news/basic-payment-scheme-2021-entitlement-rates. Hard copies can be obtained from the Rural Payments Agency, P.O. Box 69, Reading, RG1 3YD. |
(This note is not part of the Order)