2010 No. 2825 (W.232)
The Agricultural Holdings (Units of Production) (Wales) Order 2010
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred by paragraph 4 of Schedule 6 to the Agricultural Holdings Act 1986 F1 and now vested in them F2 and by paragraph 1A of Schedule 2 to the European Communities Act 1972 F3, make the following Order.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references to European Community instruments in this Order to be construed as references to those instruments as amended from time to time.
Functions conferred under the Agricultural Holdings Act 1986 (c. 5) were transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by section 162 and paragraph 30 of Schedule 11 of the Government of Wales Act 2006 (c. 32).
1972 c. 68. Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
Title, commencement and interpretation1
1
The title of this Order is The Agricultural Holdings (Units of Production) (Wales) Order 2010, it applies in relation to Wales, and it comes into force on 6 January 2011.
2
In this Order—
-
“Council Regulation 73/2009” (“Rheoliad y Cyngor 73/2009”) means Council Regulation (EC) No. 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, and amending and repealing certain Regulations F4;
-
“designated maps” (“mapiau dynodedig”) means the two volumes of maps numbered 1 and 2 each volume being marked “Volume of Maps of less favoured farming areas in Wales” and with the number of the volume dated 20 May 1999 signed by the Secretary of State for Wales and deposited at the offices of the Welsh Assembly Government Rural Affairs Department Cathays Park Cardiff CF10 3NQ;
-
“disadvantaged land” (“tir dan anfantais”) (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the designated maps;
-
“eligible hectare” (“hectar cymwys”) is to be construed in accordance with Article 34(2) of Council Regulation 73/2009;
-
“less favoured areas” (“ardaloedd llai ffafriol”) means land that is disadvantaged or severely disadvantaged;
-
“severely disadvantaged land” (“tir dan anfantais ddifrifol”) means the area of land shown coloured pink on the designated maps; and
-
“Tir Mynydd payment” (“taliad Tir Mynydd”) means financial assistance paid in accordance with regulation 3 of the Rural Development Programmes (Wales) Regulations 2006.
Assessment of productive capacity of land2
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 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
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 to this Order, then—
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12 September 2010, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is eligible to receive a Tir Mynydd payment (as is mentioned in entry 4 in column 1 of the Schedule to this Order), or was an eligible hectare in 2009 (as is mentioned in entry 5 of that column), then—
a
the unit of production prescribed in relation to that use of the land is the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12 September 2010, as the net annual income from that unit of production in that period is the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation3
The Agricultural Holdings (Units of Production) (Wales) Order 2009 F5 is revoked.
SCHEDULEPRESCRIBED UNITS OF PRODUCTION AND DETERMINATION OF NET ANNUAL INCOME
Column 1 |
Column 2 |
Column 3 |
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Farming use |
Unit of production |
Net annual income from unit of production (£) |
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1 This is the figure for animals which would be 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. |
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2 This is the figure for animals (irrespective of age) which would be 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. |
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3 This figure includes the protein crop premium provided for in Article 79 of Council Regulation 73/2009. |
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4 S.I. 2006/3343.(W.304). |
1986 c. 5.