1.—(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.
2. 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”(1) 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 3JR(2);
“less favoured area” means any area of disadvantaged land or severely disadvantaged land;
“moorland” means all the land that is—
severely disadvantaged land; and
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;
“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 policy(3), as it had effect on 31st December 2021;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps.
3.—(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.
4. The Agricultural Holdings (Units of Production) (England) (No. 2) Order 2021(4) is revoked.
Mark Spencer
Minister of State
Department for Environment, Food and Rural Affairs
11th January 2023
