
1 
These regulations may be cited as the Agriculture (Calculation of Value for Compensation) Regulations 1978, and shall come into operation on 1st July 1978.
2 

(1) In these regulations, unless the context otherwise requires,—
 “the Act” means the Agricultural Holdings Act 1948;
 “roots” means the produce of any root crop of a kind normally grown for consumption on the holding;
 “tenant” means the outgoing tenant;
 “year” means a period of twelve consecutive calendar months.
(2) The Interpretation Act 1889 applies for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.
(3) Any reference in these regulations to any enactment shall be construed as a reference to that enactment as amended, varied or extended under that enactment or by or under any other enactment.
3 
Subject to subsections (2) and (3) of section 51 of the Act and to regulation 4 below, the compensation for any improvement or other matter specified in a numbered paragraph of the Fourth Schedule to the Act shall, where the tenancy of the tenant claiming such compensation terminates on or after the coming into operation of these regulations, be calculated in accordance with the paragraph so numbered in Schedule 1 to these regulations.
4 

(1) Where any work in relation to an improvement or other matter has not been carried out in the most efficient and economical manner practicable in the circumstances, or any improvement or other matter has been adversely affected by—
(a) any breach by the tenant of the rules of good husbandry, or
(b) any other act or omission of the tenant, whether intentional or negligent,and the compensation for that improvement or other matter calculated pursuant to regulation 3 above exceeds the actual value to an incoming tenant, the compensation shall be reduced so as not to exceed such actual value, but no reduction shall be made for any adverse effects of seasonal conditions which the tenant could not reasonably have been expected to guard against or mitigate.
(2) Where—
(a) any hay, fodder crops, straw, roots, manure or compost are destroyed by fire or otherwise or, after the giving of a notice to quit by the tenant or the landlord and without the landlord's written consent, are sold by the tenant or removed by him from the holding, and
(b) but for the destruction, sale or removal, compensation would have been payable to the tenant under paragraph 8 of the Fourth Schedule to the Act in respect of the produce destroyed, sold or removed,the compensation which would otherwise be payable to the tenant under these regulations shall be reduced by an amount equal to the reasonable cost to an incoming tenant of replacing on the holding produce similar in all respects to that which has been destroyed, sold or removed, less the value of the replaced produce itself, calculated under these regulations as if it had been on the holding when the tenant quitted at the termination of the tenancy.
(3) Paragraphs 8 to 10 of Part II of Schedule 1 to these regulations do not apply to crops or produce grown, seeds sown, cultivations, fallows or acts of husbandry performed or pasture laid down in contravention of the terms of a written contract of tenancy unless either—
(a) the tenant shows that the terms contravened were inconsistent with the fulfilment of the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry, or
(b) the contravention was reasonably necessary in consequence of the giving of a direction by the Minister under the Agriculture Act 1947 or by the Secretary of State for Wales under that Act as read with the Transfer of Functions (Wales) (No. 1) Order 1978.
5 
The instruments mentioned in Schedule 2 to these regulations are hereby revoked, but without prejudice to their application in relation to tenancies terminating before the coming into operation of these regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd May, 1978.
John Silkin
Minister of Agriculture, Fisheries and Food
T. Alec Jones
Parliamentary Under Secretary of State for Wales
25th May, 1978
SCHEDULE 1
Regulation 3
PART I
1
(1) 
(a) Where the moles discharge into a piped main drain, the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-sixth for each year since the work was completed;
(b) Where the moles discharge direct into an open ditch (whether the outfalls are piped or not), the value shall (subject to sub-paragraph (2) below) be the reasonable cost of the work less one-third for each year since the work was completed.
(2) If the value of any work, calculated in accordance with sub-paragraph (1) above, exceeds the actual value to an incoming tenant, in any case where—
(a) plans on a suitable scale, made at the time when the work was done, and showing the position of all moles, mains and outfalls, are not made available to the landlord; or
(b) moles were not drawn at a proper depth, having regard to the nature of the soil and subsoil; or
(c) any ditches into which the outfalls discharge have not been maintained clean, free from obstruction and at a proper depth since the work was done; or
(d) deep cultivation or other work interfering with the efficient functioning of the drains has been done on the land since the drainage work was completed; or
(e) the land is not of consistently suitable slope or soil texture for mole drainage to be effective; or
(f) the drainage scheme was not a proper one, having regard to all the conditions, or was not efficiently carried out; or
(g) for any other reason, the drainage system does not function efficiently,the value so calculated shall be reduced so as not to exceed such actual value.
2
The value shall be the reasonable cost of the protection, whether around each tree or around the perimeter of the orchard or both, reduced where necessary according to—
(a) the existing condition of the protection;
(b) the existing condition of the fruit trees;
(c) the further period for which protection is likely to be necessary.

3—

4
The value shall be the reasonable cost of the work, less one-quarter for each growing season since the work was completed.

5
(1) Subject to sub-paragraphs (2) and (3) below, the value shall be the reasonable cost of the lime applied to the land (including the cost of delivery and application) reduced by such amount as represents the value of calcium carbonate (CaCO3) or its equivalent calcium oxide (CaO) lost due to excess winter rainfall, such loss being estimated, by reference to mean annual excess winter rainfall and the rate of application of nitrogenous fertiliser to the land subsequent to the application of lime, in accordance with Table 1.

TABLE 1
Rate of application of nitrogenous fertiliser Kilogrammes per hectare annually
Up to 60 61 to 120 121 to 240 Over 240
Mean annual excess winter rainfall Rate of application of lime (ground limestone or equivalent) Annual lossKg/ha Annual lossKg/ha Annual lossKg/ha Annual lossKg/ha
mm tonnes per hectare CaCO3 CaO CaCO3 CaO CaCO3 CaO CaCO3 CaO
 Up to 7.4 240 140 390 210 600 340 900 500
Up to 250 7.5 to 12.4 300 180 450 250 680 380 970 540
 12.5 and over 400 230 550 300 770 430 1,070 600
 Up to 7.4 490 280 640 360 870 490 1,170 650
260 to 500 7.5 to 12.4 680 380 820 460 1,040 590 1,340 750
 12.5 and over 920 510 1,070 590 1,280 720 1,580 890
 Up to 7.4 890 500 1,040 580 1,260 700 1,560 880
Over 500 7.5 to 12.4 1,230 690 1,370 770 1,590 890 1,900 1,050
 12.5 and over 1,710 930 1,850 1,040 2,070 1,150 2,370 1,330
(2) For the purpose of sub-paragraph (1) above, the cost shall not be regarded as reasonable if it exceeds the estimated cost (including the cost of delivery and application) of the equivalent in ground limestone or chalk, whichever is the cheaper, of an application of 7.5 tonnes per hectare of calcium oxide unless a heavier dressing or alternative material was applied following and in accordance with scientific advice relating to the condition of the soil.
(3) 
(a) Where the soil characteristics and high excess winter rainfall taken together are such as to be major causes of rapid leaching of calcium from the soil, the value shall be nil at the end of four years after application of the lime; and
(b) in every other case, the value shall be nil at the end of eight years after application of the lime.
(4) In this paragraph and Table 1—
(a) the expression “lime” includes chalk;
(b) “excess winter rainfall” means the amount of rain falling between the date in autumn when the soil reaches field capacity and the end of March in the following year, less the amount of the evapotranspiration from the soil during that period, as is indicated by the data on such rainfall, including data of mean annual excess winter rainfall, in relation to different areas of England and Wales produced from time to time by the Meteorological Office.
6
A
I 
Fertilisers other than bulky organic manures:
(1) Where no crop has been taken from the land since the fertiliser was applied, the value shall be the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application).
(2) Where one crop or more has been taken from the land since the fertiliser was applied, the value shall be,—
(a) for nitrogen contained in the fertiliser, nil;
(b) subject as provided below, for each Unit of phosphoric acid (as P2O5) contained in the fertiliser, the amount calculated in accordance with Table 2 below:Provided that—
(i) where a phosphatic fertiliser contains less than one-tenth of its total phosphoric acid content in an insoluble form, as indicated by the solubility test appropriate to that fertiliser, its total phosphoric acid content shall be treated as soluble;
(ii) where a phosphatic fertiliser other than a fertiliser specified and applied as described in items 2(a), 2(b)(i) or 3(a) in Table 2 contains more than one-tenth of its total phosphoric acid content in an insoluble form, the value shall be restricted to and determined only for each Unit of phosphoric acid in soluble form in that fertiliser;
(iii) for the purpose of this sub-paragraph, permanent grassland shall be taken to mean grassland which at the termination of the tenancy has been established for five or more years;
(iv) in the case of land situated in an area in which rapid fixation of phosphate occurs, the foregoing provisions of this sub-paragraph shall not apply and the value for each Unit of phosphoric acid contained in fertiliser applied to that land shall be the residual value (if any) determined in accordance with scientific evidence and by reference to the reasonable cost of the fertiliser as applied to the land (including the cost of delivery and application);
(c) for each Unit of potash (K2O) contained in the fertiliser, the amount calculated in accordance with Table 3 below:Provided that—
(i) where a vegetable crop has been produced from the land following the application of the fertiliser and the majority of the stem and leaf was removed, the value shall be nil, but where the said majority was left on the land, the value shall be calculated in accordance with item 1 in Table 3, and where an intermediate proportion of stem and leaf was removed, the value shall be calculated in accordance with such proportion;
(ii) in the case of land comprised in holdings which are entirely or mainly horticultural holdings, the value shall be calculated in accordance with item 1 in Table 3.
(3) For the purposes of sub-paragraph (2) above, a Unit of nutrient (phosphoric acid (as P2O5) or, as the case may be, potash (K2O)) is the amount of nutrient contained in one per cent of a tonne of fertiliser calculated on the basis of the percentage content of the nutrient in the fertiliser as stated in the relevant statutory statement given in relation to the fertiliser under section 68 of the Agriculture Act 1970.

TABLE 2
After
Nature of fertiliser
 ONE TWO THREE
growing seasons
 p p p
1. Organic forms and inorganic forms (including basic slag) but excluding rock phosphates and calcined calcium aluminium phosphate 142 71 35
2. `Soft' ground rock phosphates applied in—
(a) areas with a mean excess winter rainfall of 450mm or more 142 71 35
(b) areas with a mean excess winter rainfall of less than 450mm
(i) Permanent grassland 142 71 35
(ii) Other crops nil nil nil
3. Other ground rock phosphates applied in—
(a) areas with a mean excess winter rainfall of 450mm or more 35 35 35
(b) areas with a mean excess winter rainfall of less than 450mm nil nil nil
4. Calcined calcium aluminium phosphate The value, if any, shall be such as may be determined in accordance with scientific evidence
II 
Bulky organic manures brought on to the holding:
Subject to sub-paragraphs (3) and (4) below, the values of bulky organic manures brought on and applied to the holding shall be in accordance with the provisions of sub-paragraphs (1) and (2) below:—
(1) Farmyard manure:
(a) Where no payment was made for the manure and—
(i) no crop has been taken from the land since the manure was applied, the value shall be the cost of delivery and application;
(ii) one crop or more has been taken from the land since the manure was applied, the value shall be, after the first growing season, one-half,

TABLE 3
After
Type of crops to which fertiliser applied
 ONE TWO THREE
growing seasons
 p p p
1. Applied to arable crops (except forage crops) and all root crops where tops are left on the land, except potatoes (see also 4 below) 66 33 nil
2. Applied to leys, permanent grassland or forage crops which are grazed or the product cut and fed on the holding 66 33 nil
3. Applied to leys and permanent grassland the product of which is cut and removed from the holding nil nil nil
4. Applied to roots (including potatoes) and forage crops which are removed from the holding nil nil niland after the second growing season, one-quarter, of the cost of delivery and application, and thereafter, nil;
(b) Where payment was made for the manure and—
(i) no crop has been taken from the land since the manure was applied, the value shall be the cost of the manure as applied to the land (including the cost of delivery and application);
(ii) one crop or more has been taken from the land since the manure was applied, the value shall be, after the first growing season, one-half, and after the second growing season, one-quarter, of the said cost, and thereafter, nil:Provided that the value of any type of manure specified in Table 4 below shall not exceed the value specified in relation to that type in the appropriate circumstances set out in that Table.

TABLE 4
Type of manure No crop off After one growing season After two growing seasons After three growing seasons
 p p p p
Cattle (FYM) 430 215 108 nil
Horse (stable manure) 490 245 123 nil
Pig (FYM) 475 238 119 nil
Poultry (deep litter) 980 490 245 nil
Poultry (broiler manure) 1,165 583 291 nil
(2) Slurry:Where manure is brought on and applied to the land in the form of slurry, the value shall be the reasonable cost of cartage (if any) and application.
(3) No compensation shall be payable under sub-paragraph (1) or (2) above in respect of the excess (if any) of the rates of application set out in the second column below in relation to the type of bulky organic manure specified in the first column below:—

(1) (2)
Type applied Application per hectare per annum
Cattle, horse or pig manure 50 tonnes
Deep litter poultry manure 18 tonnes
Broiler poultry manure 12.5 tonnes
(4) No value shall be given to, and no compensation shall be payable in respect of, any purchased manure applied to land during the last year of the tenancy after the last crop was removed from that land unless such application was made at the written request, or with the written consent, of the landlord.
B
(1) 
(a) 
(i) Subject to sub-paragraph (b) of this paragraph, where magnesium (in whatever chemical compound form) has been applied to land following and in accordance with scientific advice, the value of the magnesium so applied shall be taken to be the amount (if any) by which the net cost (including the cost of delivery and application) of the quantity of calcined magnesite required to provide the same quantity of magnesium as was actually applied (such net cost being calculated by reference to average prices and costs prevailing at the time of the purchase, delivery and application respectively, of the magnesium) exceeds the net cost (including, and calculated, as aforesaid) of the quantity of calcined magnesite which would provide 60 kilogrammes of magnesium per hectare.
(ii) After the first, second and third growing seasons following application of the magnesium, the value calculated in accordance with sub-paragraph (a)(i) above shall be reduced to three-quarters, one-half and one-quarter, respectively, and to nil thereafter.
(b) Sub-paragraph (a) above shall not apply to magnesium applied to land in the form of a magnesian fertiliser specified in Group 5 of Section A of Schedule 1 to the Fertilisers Regulations 1977.
(2) 
(a) Subject to sub-paragraph (b) below, where copper (in whatever chemical compound form) has been applied to land following and in accordance with scientific advice, the value of the copper so applied shall be taken to be the amount (if any) by which the net cost (including the cost of delivery and application) of the quantity of hydrated copper sulphate required to provide the same quantity of copper as was actually applied (such net cost being calculated by reference to average prices and costs prevailing at the time of the purchase, delivery and application, respectively, of the copper) exceeds the net cost (including, and calculated, as aforesaid) of the quantity of hydrated copper sulphate which would provide six kilogrammes of copper per hectare;
(b) The value of copper applied calculated in accordance with sub-paragraph (a) above shall be reduced by one-eighth for each year following application of the copper.
7 
Consumption on the holding of corn (whether produced on the holding or not) or of cake or other feeding stuffs not produced on the holding by horses, cattle, sheep, pigs or poultry
(1) The values per tonne of feeding stuff consumed on the holding set out in Tables 5(a), (b), (c), (d), (e), (f), (g), (h) and (j) below shall apply in all cases where feeding stuffs are fed to the animals and poultry specified in those Tables in buildings or open yards and the manure, whether farmyard manure or in the form of slurry, is stored under average conditions.
(2) Where the conditions of storage of the manure are other than average, or where the feeding stuffs are fed directly on the land, the values set out in the said Tables 5(a)–(j) shall be adjusted in accordance with Table 6 below.
(3) For the purpose of sub-paragraphs (1) and (2) above and the said Tables 5(a)–(j), the expression “closed slurry” means slurry stored under slats or in a covered container.

TABLE 5(a
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Grass hay 355 177 61 89 31
2. Clover hay 432 216 90 108 45
3. Dried grass 482 241 101 121 51
4. Dried lucerne 494 247 107 123 53
5. Straw 126 63 30 31 15
6. Mangels 56 28 9 14 4
7. Swedes 42 21 9 11 4
8. Turnips 43 21 9 11 4
9. Potatoes 80 40 15 20 8
10. Sugar beet pulp (dried—molassed) 282 141 49 70 24
11. Sugar beet pulp (wet—double pressed 18% DM) 56 28 10 14 5
12. Brewers grains (wet) 75 37 37 19 19
13. Field beans 418 209 157 104 79
14. Field peas 318 159 117 80 59
15. Barley 206 103 75 51 37
16. Wheat 190 95 77 48 39
17. Oats 197 99 80 49 40
18. Maize 149 74 58 37 29
19. Rice meal 210 105 88 53 44
20. Middlings/Bran 414 207 161 103 80
21. Cassava (Manioc) 69 34 23 17 11
22. Hominy chop 279 139 105 70 53
23. Locust beans 132 66 37 33 18
24. Citrus pulp 156 78 47 39 23
25. Fish meal 1,477 738 683 369 341
26. Soya bean meal 620 310 211 155 105
27. Decorticated cotton cake 709 355 294 177 147
28. Undecorticated cotton cake 570 285 224 142 112
29. Linseed cake/meal 534 267 201 134 100
30. Palm kernel cake/meal 
279 139 118 70 59
31. Coconut cake/meal 502 251 150 126 75
32. Decorticated groundnut cake 526 263 200 131 100
33. Rapeseed cake/meal 624 312 246 156 123
34. Meat meal 1,380 690 662 345 331
35. Meat and bone meal 1,752 876 805 438 403
36. Dried skimmed milk 597 299 214 149 107
37. Skimmed milk (liquid) 58 29 21 15 10
38. Liquid whey 27 13 7 7 4
39. Liquid urea 425 212 86 106 43
40. Urea 1,278 639 639 0 0
41. Compounded cake: for each 1% CP 20.7 10.3 8.2 5.2 4.1

TABLE 5(b
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p
1. Grass hay 366 183 46 80 12
2. Clover hay 434 217 68 92 18
3. Dried grass 483 241 76 103 20
4. Dried lucerne 489 244 78 102 19
5. Straw 121 61 22 24 5
6. Mangels 59 30 7 14 3
7. Swedes 44 22 7 10 2
8. Turnips 43 22 7 9 2
9. Potatoes 82 41 11 18 3
10. Sugar beet pulp (dried—molassed) 282 141 32 59 4
11. Sugar beet pulp (wet—double pressed 18% DM) 57 28 6 12 1
12. Brewers grains (wet) 60 30 30 10 9
13. Field beans 369 185 123 68 37
14. Field peas 279 140 90 50 25
15. Barley 188 94 61 37 20
16. Wheat 170 85 64 33 22
17. Oats 173 86 64 32 21
18. Maize 132 66 46 25 15
19. Rice meal 187 94 73 36 26
20. Middlings/Bran 384 192 138 80 52
21. Cassava (Manioc) 65 33 19 14 7
22. Hominy chop 258 129 89 53 33
23. Locust beans 124 62 28 25 7
24. Citrus pulp 142 71 34 26 8
25. Fish meal 1,355 678 612 288 255
26. Soya bean meal 555 278 160 102 44
27. Decorticated cotton cake 632 316 244 122 86
28. Undecorticated cotton cake 525 262 191 107 71
29. Linseed cake/meal 479 240 161 91 52
30. Palm kernel cake/meal 242 121 96 44 32
31. Coconut cake/meal 484 242 122 101 41
32. Decorticated groundnut cake 445 223 148 74 37
33. Rapeseed cake/meal 557 278 200 106 67
34. Meat meal 1,275 638 605 278 261
35. Meat and bone meal 1,653 827 743 369 327
36. Dried skimmed milk 560 280 180 115 65
37. Skimmed milk (liquid) 54 27 17 11 6
38. Liquid whey 28 14 6 6 3
39. Liquid urea 405 203 53 78 3
40. Urea 752 376 376 0 0
41. Compounded cake: for each 1% CP 18.9 9.4 7.0 3.8 2.6

TABLE 5(c
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Grass hay 297 149 39 65 10
2. Clover hay 353 176 57 75 16
3. Dried grass 393 196 64 84 18
4. Dried lucerne 397 199 66 83 17
5. Straw 99 49 18 20 5
6. Mangels 48 24 6 11 2
7. Swedes 36 18 6 8 2
8. Turnips 35 18 6 8 2
9. Potatoes 67 34 10 15 3
10. Sugar beet pulp (dried—molassed) 227 113 26 47 4
11. Sugar beet pulp (wet—double pressed 18% DM) 45 23 5 9 1
12. Brewers grains (wet) 51 26 25 9 8
13. Field beans 308 154 105 58 33
14. Field peas 232 116 76 42 23
15. Barley 157 79 52 31 18
16. Wheat 144 72 55 28 20
17. Oats 145 73 55 27 19
18. Maize 111 56 40 21 13
19. Rice meal 159 80 63 32 23
20. Middlings/Bran 326 163 119 68 46
21. Cassava (Manioc) 55 27 16 11 6
22. Hominy chop 218 109 77 45 29
23. Locust beans 102 51 23 20 6
24. Citrus pulp 116 58 28 22 7
25. Fish meal 1,174 587 534 253 227
26. Soya bean meal 459 229 135 86 39
27. Decorticated cotton cake 535 268 210 105 77
28. Undecorticated cotton cake 445 222 165 92 63
29. Linseed cake/meal 401 201 138 78 46
30. Palm kernel cake/meal 204 102 82 38 28
31. Coconut cake/meal 401 201 105 84 37
32. Decorticated groundnut cake 369 184 125 63 33
33. Rapeseed cake/meal 469 234 172 91 60
34. Meat meal 1,112 556 530 246 232
35. Meat and bone meal 1,438 719 652 324 291
36. Dried skimmed milk 470 235 155 98 58
37. Skimmed milk (liquid) 45 23 15 9 5
38. Liquid whey 23 11 6 5 2
39. Liquid urea 325 162 43 63 3
40. Urea 598 299 299 0 0
41. Compounded cake: for each 1% CP 16.0 8.0 6.0 3.3 2.3

TABLE 5(d
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Dried grass 470 235 107 118 53
2. Potatoes 77 39 16 19 8
3. Field beans 430 215 167 107 84
4. Field peas 331 166 127 83 64
5. Barley 208 104 78 52 39
6. Wheat 203 102 85 51 43
7. Oats 202 101 84 50 42
8. Maize 161 80 65 40 33
9. Rice meal 217 108 93 54 46
10. Middlings/Bran 423 211 169 106 85
11. Cassava (Manioc) 68 34 23 17 12
12. Fish meal 1,383 692 641 346 320
13. Soya bean meal 579 290 199 145 99
14. Decorticated cotton cake 736 368 312 184 156
15. Undecorticated cotton cake 579 289 234 145 117
16. Linseed cake/meal 552 276 216 138 108
17. Palm kernel cake/meal 294 147 128 73 64
18. Decorticated groundnut cake 556 278 221 139 110
19. Rapeseed cake/meal 644 322 262 161 131
20. Meat meal 1,383 691 666 346 333
21. Meat and bone meal 1,766 883 818 441 409
22. Dried skimmed milk 840 420 343 210 172
23. Skimmed milk (liquid) 84 42 35 21 17
24. Liquid whey 26 13 7 7 4
25. Compounded cake: for each 1% CP 21.2 10.6 8.7 5.3 4.3

TABLE 5(e
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Dried grass 462 231 79 96 20
2. Potatoes 78 39 12 17 3
3. Field beans 371 185 129 65 37
4. Field peas 282 141 96 48 25
5. Barley 186 93 63 36 20
6. Wheat 176 88 68 32 22
7. Oats 174 87 66 31 21
8. Maize 138 69 51 24 15
9. Rice meal 190 95 76 36 26
10. Middlings/Bran 385 193 143 77 52
11. Cassava (Manioc) 64 32 19 13 7
12. Fish meal 1,295 647 587 285 255
13. Soya bean meal 521 261 153 98 44
14. Decorticated cotton cake 641 321 255 119 86
15. Undecorticated cotton cake 524 262 196 104 71
16. Linseed cake/meal 483 242 170 88 52
17. Palm kernel cake/meal 248 124 102 43 32
18. Decorticated groundnut cake 457 229 160 71 37
19. Rapeseed cake/meal 562 281 210 103 67
20. Meat meal 1,274 637 607 276 261
21. Meat and bone meal 1,655 827 751 365 327
22. Dried skimmed milk 694 347 256 111 65
23. Skimmed milk (liquid) 69 34 25 11 6
24. Liquid whey 27 13 7 6 3
25. Compounded cake: for each 1% CP 19.0 9.5 7.2 3.7 2.6

TABLE 5(f
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Dried grass 376 188 67 78 18
2. Potatoes 64 32 10 14 3
3. Field beans 309 155 110 56 33
4. Field peas 235 117 81 41 23
5. Barley 156 78 54 30 18
6. Wheat 148 74 59 28 20
7. Oats 146 73 57 27 19
8. Maize 115 58 43 21 13
9. Rice meal 161 80 66 31 23
10. Middlings/Bran 326 163 123 66 46
11. Cassava (Manioc) 53 27 16 11 6
12. Fish meal 1,125 563 514 251 227
13. Soya bean meal 432 216 130 82 39
14. Decorticated cotton cake 543 271 219 103 77
15. Undecorticated cotton cake 444 222 169 90 63
16. Linseed cake/meal 405 202 145 75 46
17. Palm kernel cake/meal 210 105 87 38 28
18. Decorticated groundnut cake 378 189 135 60 33
19. Rapeseed cake/meal 472 236 179 88 60
20. Meat meal 1,112 556 532 244 232
21. Meat and bone meal 1,439 719 658 321 291
22. Dried skimmed milk 577 289 216 95 58
23. Skimmed milk (liquid) 57 28 21 9 5
24. Liquid whey 22 11 6 5 2
25. Compounded cake: for each 1% CP 16.1 8.0 6.2 3.2 2.3

TABLE 5(g
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Dried grass 430 215 75 90 20
2. Field beans 353 176 124 63 37
3. Field peas 269 135 93 46 25
4. Barley 175 87 59 34 20
5. Wheat 166 83 65 31 22
6. Oats 163 81 63 30 21
7. Maize 129 64 48 24 15
8. Rice meal 183 92 74 35 26
9. Middlings/Bran 366 183 137 75 52
10. Cassava (Manioc) 60 30 18 12 7
11. Fish meal 1,262 631 575 283 255
12. Soya bean meal 485 242 143 93 44
13. Decorticated cotton cake 619 310 249 117 86
14. Undecorticated cotton cake 504 252 191 102 71
15. Linseed cake/meal 463 231 165 85 52
16. Palm kernel cake/meal 240 120 99 42 32
17. Decorticated groundnut cake 435 218 155 69 37
18. Rapeseed cake/meal 539 270 204 100 67
19. Meat meal 1,244 622 594 275 261
20. Meat and bone meal 1,613 807 736 362 327
21. Compounded cake: for each 1% CP 18.3 9.2 7.1 3.6 2.6

TABLE 5(h
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Dried grass 461 205 39 103 20
2. Field beans 342 136 74 68 37
3. Field peas 260 100 51 50 25
4. Barley 174 74 41 37 20
5. Wheat 160 66 45 33 22
6. Oats 158 64 42 32 21
7. Maize 125 50 30 25 15
8. Rice meal 177 73 53 36 26
9. Middlings/Bran 364 159 105 80 52
10. Cassava (Manioc) 61 27 13 14 7
11. Fish meal 1,244 576 510 288 255
12. Soya bean meal 489 205 87 102 44
13. Decorticated cotton cake 597 244 173 122 86
14. Undecorticated cotton cake 498 214 142 107 71
15. Linseed cake/meal 452 183 105 91 52
16. Palm kernel cake/meal 227 89 64 44 32
17. Decorticated groundnut cake 411 149 74 74 37
18. Rapeseed cake/meal 523 213 135 106 67
19. Meat meal 1,212 556 523 278 261
20. Meat and bone meal 1,591 738 654 369 327
21. Compounded cake: for each 1% CP 18.0 7.6 5.1 3.8 2.5

TABLE 5(j
After one growing season After two growing seasons
Feeding stuff No crop off of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding of arable crops (except forage crops) or of leys, permanent grassland or forage crops grazed or the product cut and fed on the holding or of root crops the tops of which are left on the land of leys, permanent grassland, roots or forage crops where the product is removed from the holding
 p p p p p
1. Dried grass 375 168 35 84 18
2. Field beans 287 115 66 58 33
3. Field peas 217 85 45 42 23
4. Barley 146 63 36 31 18
5. Wheat 136 57 40 28 20
6. Oats 133 55 37 27 19
7. Maize 105 43 27 21 13
8. Rice meal 151 63 47 32 23
9. Middlings/Bran 309 137 93 68 46
10. Cassava (Manioc) 51 23 12 11 6
11. Fish meal 1,085 506 453 253 227
12. Soya bean meal 406 172 78 86 39
13. Decorticated cotton cake 508 211 153 105 77
14. Undecorticated cotton cake 423 184 126 92 63
15. Linseed cake/meal 379 156 93 78 46
16. Palm kernel cake/meal 193 77 57 38 28
17. Decorticated groundnut cake 342 126 66 63 33
18. Rapeseed cake/meal 442 182 120 91 60
19. Meat meal 1,062 491 465 246 232
20. Meat and bone meal 1,389 648 581 324 291
21. Compounded cake: for each 1% CP 15.3 6.6 4.6 3.3 2.3

TABLE 6
 Adjustment to Tables
Manure stored under ideal conditions:
FYM Increase by up to 20 per cent
Slurry (`closed' storage) Increase by up to 10 per cent
Manure stored under adverse conditions:
FYM Reduce by up to 40 per cent
Slurry Reduce by up to 50 per cent figures in `open slurry' Tables
Feeding stuffs fed directly on the land Increase by 15 per cent figures in `closed slurry' Tables
PART II
8 

(1) Growing crops:—
(a) The value of growing crops, except root and green crops of a kind normally grown on a holding held under an autumn tenancy, shall be the reasonable cost of seeds sown, and cultivations, fallows and acts of husbandry performed, calculated in accordance with the provisions of paragraph 9 below;
(b) The value of growing root and green crops of a kind normally grown on a holding held under an autumn tenancy shall be the average market value on the holding of good quality crops, less the manurial value thereof calculated in accordance with Tables 5(a)–(j) above on the basis of `no crop off':Provided that if the value so calculated exceeds the actual value to an incoming tenant in any case where—
(i) the crops are of inferior quality, or
(ii) the quantity of any kind of crops exceeds the quantity reasonably required for the system of farming practised on the holding,the value so calculated shall be reduced so as not to exceed such actual value;
(c) In the case of—
(i) autumn-sown crops where the land was held under a spring tenancy, and
(ii) grass and clover seeds sown on land held under a spring or autumn tenancy from which no crop has been taken before termination of the tenancy,the value shall be increased by an additional amount representing the enhancement of the value to an incoming tenant of the growing crop, but such additional amount shall not in any case exceed the rental value, at the termination of the tenancy, of the land sown to the crop, such rental value to be calculated by reference to the same matters and criteria as are by section 8 of the Act required to be taken into consideration or applied for the determination of the rent of a holding pursuant to that enactment:Provided that if the area of any such crop exceeds the area of such crop which would normally be grown on the holding, having regard to the character and type of the holding and the terms of the tenancy (hereinafter referred to as “the normal area”) the foregoing provisions of this sub-paragraph shall apply only to the normal area of such crop.
(2) For the purposes of sub-paragraph (1) above “spring tenancy” means a yearly tenancy the last yearly term of which commenced between 1st January and 30th June inclusive, and “autumn tenancy” means a yearly tenancy the last yearly term of which commenced between 1st September and 31st December inclusive.
(3) Served or harvested crops and produce:—The value shall be the market value for consumption by agricultural livestock on the holding of hay, fodder crops, straw, roots and other crops or produce of good quality less the manurial value thereof calculated in accordance with Tables 5(a)–(j) above on the basis of `no crop off':Provided that if the value so calculated exceeds the actual value to an incoming tenant in any case where—
(a) the crops or produce are of inferior quality; or
(b) the quantity of any kind of crops or produce exceeds the quantity reasonably required for the system of farming practised on the holding; or
(c) the crops or produce are not left in convenient or proper places on the farm; or
(d) any hay or straw is not properly stacked and thatched or otherwise protected,the value so calculated shall be reduced so as not to exceed such actual value.
9 

(1) The value shall be the reasonable cost of seeds sown and of cultivations, fallows and acts of husbandry performed, taking into account—
(a) normal current costs, having regard to the current agricultural wage, the cost of horse and tractor operations, the size and shape of the fields, and other relevant conditions;
(b) reasonable costs of hired tractor cultivations;
(c) increased costs over normal tractor rates, where owing to the size of the farm or fields, the shape of the fields, or to other special circumstances, it was reasonable to use horse labour;but leaving out of account any expenditure incurred by the tenant up to and including the removal from the land of the last preceding crop and any rent paid by the tenant.
(2) For the purposes of sub-paragraph (1) above, the reasonable cost shall not be regarded as reduced merely because more than one operation was carried out by the tenant at the same time.
(3) Nothing in sub-paragraph (1) above shall be taken to limit the operation of this paragraph to any particular method of sowing nor to cultivations, fallows or acts of husbandry performed in any particular way.
10 

(1) Where no crop has been removed either by mowing or by grazing, the value shall be the reasonable cost of seeds sown, and cultivations, fallows and acts of husbandry performed, calculated in accordance with paragraph 9 above, but also taking into account any expenditure incurred solely for the benefit of the pasture before the removal of any crop in or with which the pasture was sown.
(2) Where one crop or more has been removed either by mowing or by grazing, the value shall be the face value of the pasture, taking into account—
(a) present condition;
(b) management since sowing;
(c) situation on the holding;
(d) fencing;
(e) water supply;
(f) any other circumstances appearing to be relevant.
11 

(1) The value of hill sheep on hill land shall include such amount (if any) as represents the value attributable to the acclimatisation, hefting or settlement of the sheep on such land, but the said amount shall not in any case exceed a sum of four pounds per sheep.
(2) Any amount which may be included in the value of hill sheep under the provisions of the last foregoing sub-paragraph shall be apportioned and separately shown by the person carrying out the valuation as being attributable to the value of acclimatisation, hefting or settlement of such sheep.
12 

(1) In this paragraph—
 “leys” means land laid down with clover, grass, lucerne, sainfoin or other seeds, but does not include permanent pasture;
 “continuously maintained leys” means leys continuously maintained as such for a period of three or more growing seasons since being laid down excluding, if the leys were undersown or autumn-sown, the calendar year in which the sowing took place; and, for the purpose of this definition, the destruction of a ley (by ploughing or some other means) followed as soon as practicable by re-seeding to a ley without sowing a crop in the interval between such destruction and such re-seeding shall be treated as not constituting a break in the continuity of the maintenance of the ley;
 “former leys” means arable land which within the three growing seasons immediately preceding the termination of the tenancy was ley which was continuously maintained ley before being destroyed by ploughing or some other means for the production of a tillage crop or crops;
 “qualifying leys” means continuously maintained leys and former leys or either of them;
 “the excess qualifying leys” means , subject as provided below, the area of qualifying leys on the holding at the termination of the tenancy which is equal to the area (if any) by which one-third of the aggregate of the areas of leys on the holding on the following dates, namely,— 
(a) at the termination of the tenancy,
(b) on the date one year prior to such termination, and
(c) on the date two years prior to such termination exceeds the accepted proportion at the termination of the tenancy: Provided that for the purpose of this definition qualifying leys laid down at the expense of the landlord without reimbursement by the tenant or any previous tenant of the holding or laid down by and at the expense of the tenant pursuant to agreement by him with the landlord for the establishment of a specified area of leys on the holding as a condition of the landlord giving consent to the ploughing or other destruction of permanent pasture or pursuant to a direction given by an arbitrator on a reference under section 10(1) of the Act shall not be included in the area of qualifying leys on the holding at the termination of the tenancy;
 “the accepted proportion” means the area which represents the proportion which the aggregate area of the leys on the holding would be expected to bear to the area of the holding, excluding the permanent pasture thereon, in accordance with normal farming practice in the district or, if a greater proportion is provided for by or under the terms of the tenancy, that proportion.
(2) Where a holding is situated in a district in which the growing of a succession of tillage crops on the same arable land is normal farming practice, the residual fertility value of the sod of the excess qualifying leys on the holding shall be calculated (subject to sub-paragraph (3) below) as follows:—
(a) in respect of continuously maintained leys, £18 per hectare if any herbage has been cut and removed in the last growing season before the termination of the tenancy and £30 per hectare if the sward was, during such last growing season, grazed only;
(b) in respect of continuously maintained leys, the values specified in sub-paragraph (a) above shall be increased by £6 per hectare for each additional growing season over three growing seasons for which the leys have been established, but such increase shall not exceed in aggregate £36 per hectare if any herbage was cut and removed during the last growing season before the termination of the tenancy and shall not exceed £48 per hectare if the herbage was, during such last growing season, grazed only;
(c) in respect of any former ley sown to a first crop in the last growing season before the termination of the tenancy, 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;
(d) in respect of any former ley to which sub-paragraph (c) above does not apply,—
(i) (aa) if only one arable crop was removed from the land following ploughing or other destruction of the ley, the value shall be two-thirds of the value specified in sub-paragraphs (a) and (b), and(bb) if only two arable crops were removed from the land following ploughing or other destruction of the ley, the value shall be one-third of the value specified in sub-paragraphs (a) and (b),according, in each case, 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; and
(ii) if more than two arable crops were removed from the land following ploughing or other destruction of the ley, the value shall be nil.
(3) Where the tenant is entitled to compensation in respect of a ley both under sub-paragraph (2) of paragraph 10 above and under sub-paragraph (2)(a) and, if applicable, sub-paragraph (2)(b) of this paragraph, the aggregate of the respective values per hectare thereunder, taken together, shall not exceed £148 per hectare.
SCHEDULE 2
Regulation 5


Regulations revoked References
1. The Agriculture (Calculation of Value for Compensation) Regulations 1969. S.I. 1969/1704
2. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1972. S.I. 1972/864
3. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1975. S.I. 1975/11
4. The Agriculture (Calculation of Value for Compensation) (Amendment) Regulations 1976. S.I. 1976/818