The Agricultural Holdings (Units of Production) (Wales) Order 2007

• Citation: S.I. 2007/2398 (W.)
• Sections: 3

Section 1 Title, commencement and interpretation

(1) The title of this Order is the Agricultural Holdings (Units of Production) (Wales) Order 2007 and it comes into force on [date]

(2) This Order applies in relation to Wales.

(3) In this Order:

“Council Regulation 1782/2003” (“ Rheoliad y Cyngor 1782/2003 ”) means Council Regulation ( EC ) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain direct schemes for farmers and amending certain regulations as last amended by Commission Regulation (EC) No. 1156/2006 ;

“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 Agriculture Department at Cathays Park, Cardiff, CF10 3NQ;

“disadvantaged land” (“ tir tan anfantais ”) (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the designated maps;

“eligible hectare” (“ hectar cymwys ”)has the same meaning as in Article 44(2) of Council Regulation 1782/2003;

“eligible land” (“ tir cymwys ”) means such part of the qualifying land as lies within a less favoured area;

“less favoured area” (“ tir llai ffafriol ”) means land that is disadvantaged or severely disadvantaged;

“severely disadvantaged land” ( tir tan anfantais ddifrifol ”) means the area of land shown coloured in pink on the designated maps;

“Tir Mynydd payment” (“ Taliad Tir Mynydd ”) means financial assistance paid in accordance with regulation 3 of the Rural Development Programmes (Wales) Regulations 2006 .

Section 2 Assessment of productive capacity of land

(1) Paragraphs (2) and (3) of this article 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 of 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 Schedule 1 opposite to that entry, and

(b) the amount determined for the period of 12 months beginning with 12 September 2006 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 in receipt of a Tir Mynydd payment or was set aside from production in 2005 or was an eligible hectare in 2005 as is mentioned in entries 4 , 5 and 6 in column 1 of the Schedule, then—

(a) the unit of production prescribed in relation to that use of the land is the unit specified 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 2006 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.

Section 3 Revocation

The Agricultural Holdings (Units of Production) (Wales) Order 2006 is revoked.