The Smallholdings (Full-Time Employment) Regulations 1970

• Citation: S.I. 1970/1050
• Sections: 9

Section 1 Citation and commencement

These regulations may be cited as the Smallholdings (Full-Time Employment) Regulations 1970, and shall come into operation on 1st August 1970.

Section 2 Interpretation

(1) In these regulations, unless the context otherwise requires—

“ the Act ” means the Agriculture Act 1970;

“ the appropriate Minister ” means , in relation to England, except Monmouthshire, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, including Monmouthshire, the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly.

(2) The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

Section 3 Estimate of full-time employment capability

(1) For the purposes of section 39(2) of the Act (which relates to a holding which shall be treated as falling within the upper limit for a small-holding), the number of men for whom a holding is capable, when farmed under reasonably skilled management, of providing full-time employment shall be estimated by reference to the standard labour requirements of the holding in accordance with the Schedule to these regulations, it being assumed that a system of husbandry suitable for the district is followed and that the greater part of the feeding stuffs required by any livestock kept on the holding is grown there.

(2) A holding shall be treated as being capable of providing full-time employment for not more than two men (including the person to whom it is let) with or without additional part-time employment for another man if its standard labour requirements are less than 900 standard man-days in aggregate in a year on average.

Section 1

The standard labour requirements of an existing smallholding shall be expressed in standard man-days estimated, except as is otherwise provided in paragraphs 3 to 6 of this Schedule, by multiplying respectively the number of standard man-days set out in the table below in relation to any kind of crop or livestock therein mentioned by the total number of acres (or other units to which the standard man-days are related in the table) of that kind of crop, or the average of the numbers of that kind of livestock, shown to the satisfaction of the appropriate Minister to be comprised in the agricultural operations carried on on the holding in the course of an average period of twelve months, adding together the results so obtained and increasing the total by 15 per cent.

Section 2

The standard labour requirements of a proposed smallholding shall be expressed in standard man-days estimated, except as is otherwise provided in paragraphs 5 and 6 of this Schedule, by multiplying respectively the number of standard man-days set out in the table below in relation to any kind of crop or livestock therein mentioned by the total number of acres (or other units to which the standard man-days are related in the table) of that kind of crop, or the average of the numbers of that kind of livestock, which are shown to the satisfaction of the appropriate Minister to be capable of being comprised in the agricultural operations carried on on the holding, when it is farmed under reasonably skilled management, in the course of an average period of twelve months, adding together the results so obtained and increasing the total by 15 per cent.

Section 3

Where double cropping is practised on land forming part of an existing smallholding the area of both crops shall be included in the estimate.

Section 4

Agisted livestock shall be deemed to be on an existing smallholding while they are on land forming part of the holding and not otherwise.

Section 5

A cow of a dairy type which suckles calves shall be classified as a beef cow.

Section 6

Calves less than seven days old, unweaned piglets, and unweaned lambs shall not be included in the estimate.

CROPS

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