The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1983

Title, commencement and interpretation

1.—(1) These regulations may be cited as the Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1983 and shall come into operation on 14th November 1983.

(2) In these regulations “the principal regulations” means the Agriculture (Calculation of Value for Compensation) Regulations 1978(1), and the principal regulations, the Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1980, the Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1981 and these regulations may together be cited as the Agriculture (Calculation of Value for Compensation) Regulations 1978 to 1983

Application

2.  These regulations shall apply in relation to the calculation of the value of improvement and other matters specified in a numbered paragraph of the Fourth Schedule to the Agricultural Holdings Act 1948 in any case where the tenancy of the outgoing tenant claiming compensation for such improvements and other matters by virtue of the provisions of that Act terminates on or after the day on which these regulations come into operation.

Amendment of principal regulations

3.—(1) Part I of Schedule 1 to the principal regulations shall be amended as follows—

(a) for paragraph 7 there shall be substituted the paragraph set out in Part I of the Schedule to these regulations;

(b) for Tables 2, 3, 4, and 6 there shall be substituted respectively Tables 2, 3, 4, and 6 set out in Part II of the Schedule to these regulations;

(c) for Tables 5(a), 5(b), 5(c), 5(d), 5(e), 5(f), 5(g), 5(h) and 5(j) there shall be substituted Tables 5(a) and (b) set out in Part II of the Schedule to these regulations.

(2) Part II of Schedule 1 to the principal regulations shall be amended as follows—

(a) in paragraph 8(1)(b) and paragraph 8(3) there shall be substituted for the words “Tables 5(a)–(j)” the words “Tables 5(a) and (b)”.

(b) in paragraph 11(1) there shall be substituted for the words “in any case exceed a sum of four pounds per sheep” the words “exceed a sum of eight pounds per sheep plus ten per cent of the market value of each sheep”.

(c) in paragraph 12(1)—

(i) there shall be inserted immediately before the definition of “leys” the following words:—

““arable crop” does not include a ley of more than one years duration;”;

(ii) there shall be substituted for the definition of “the accepted proportion” the following definition:—

““the accepted proportion” means the area which represents the proportion which the total area of the leys on the holding would, taking into account the capability of the holding, be expected to bear to the area of the holding, excluding the permanent pasture thereon, or, if a greater proportion is provided for by or under the terms of the tenancy, that proportion”.

(d) in paragraph 12(2)—

(i) for the words from the beginning to the words “as follows:—” there shall be substituted the following words:—

“In areas of the country where arable crops can be grown in an unbroken series of not less than six years, and it is reasonable that they should be grown on the holding or part thereof, the residual fertility value of the sod of the excess qualifying leys shall be calculated (subject to sub-paragraph (3) below) as follows:—”;

(ii) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs:—

“(b) in respect of continuously maintained leys, the values specified in sub-paragraph (a) above shall be increased by £8 per hectare for each additional growing season over three growing seasons for which the leys have been established, but such increase shall not exceed a total of £48 per hectare if any herbage was cut and removed during the last growing season before the termination of the tenancy and shall not exceed a total of £64 per hectare if the herbage was, during the last growing season, grazed only;

(c) in respect of any former ley where the first crop which has been sown in the last growing season before the termination of the tenancy has not been removed from the ground, 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;”

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th September 1983.

L.S.

Michael Jopling

Minister of Agriculture, Fisheries and Food

Nicholas Edwards

Secretary of State for Wales

4th October 1983