The Agriculture and Horticulture Development Board Order 2008 (Version in vigour from 2022-05-26 to )
| Currency | No known outstanding effects |
| Coming into Force | 26 May 2022 |
(1) This Order may be cited as the Agriculture and Horticulture Development Board Order 2008.(2) Articles 1, 2, 3(1) and (2) , 4, 5, 8, 9 and 10, Schedule 2 and paragraphs 1 to 5 of Schedule 5 (and article 18 so far as relating to those paragraphs) come into force the day after this Order is made.(3) The remainder of the Order comes into force on 1st April 2008.(4) Except as provided by paragraph (5) , this Order extends to England and Wales, Scotland and Northern Ireland.(5) Any amendment, repeal or revocation made by this Order has the same extent as the provision to which it relates.the beef and sheep industry in England;the cereal and oilseed industries in the United Kingdom;the horticulture industry in Great Britain;the milk industry in Great Britain;the pig industry in England; andthe potato industry in Great Britain.(2) For these purposes—
Schedule 2 (constitution and proceedings of the Agriculture and Horticulture Development Board) has effect. (1) The Agriculture and Horticulture Development Board may establish a subsidiary company for each of the industries within the scope of this Order and may establish such other subsidiary companies as may be conducive or incidental to its functions, and a reference to a subsidiary company in this Order is a reference to such a company.(2) The Board may delegate any of its functions to a subsidiary company, but may continue to carry out any function it has delegated.(3) A subsidiary company must carry out the functions in Schedule 1 that the Board delegates to it.(1) The Agriculture and Horticulture Development Board must impose a levy to enable it to provide services for each industry covered by F16article 2(1) (a) , (b) , (d) and (e) , and Schedule 3 has effect.(2) All figures in that Schedule exclude VAT.cover its costs in providing any of the services specified in Schedule 1;meet its administrative expenses;further a purpose in article 3(2) ; andestablish a reserve fund.(4) The rate of levy (and any higher rate for late payment of the levy) must be approved annually by the appropriate authority.(5) The Board may delegate the collection of levy to a subsidiary company.(6) Levy raised in relation to an industry may only be used in relation to that industry.(1) If any person liable to pay levy fails to notify the Agriculture and Horticulture Development Board or a subsidiary company of the information specified in Schedule 3 by the due date specified in that Schedule, the Board or the subsidiary company may estimate the amount that should have been notified, and notify the person of the estimate.(2) If the person fails to make a return within 28 days of notification of the estimate he becomes liable to pay levy on that estimate.(3) The Board may provide that a higher rate of levy is payable on the estimated amount, but that higher rate may not exceed the maximum rates provided for in Schedule 3.(1) Subject to paragraph (2) , the Agriculture and Horticulture Development Board (“the Board”) , or any subsidiary company, may make such charges for the services provided in the exercise of its functions specified in Schedule 1 to any industry covered by this Order as appear to the Board or subsidiary company to be reasonable.incurred by the Board or any subsidiary company; andnot met from a levy imposed under
- “beef and sheep industry” means all the activities comprised in the production, marketing and distribution of—
- (a) cattle and sheep, including the carrying on of slaughterhouses and cattle and sheep auctions and markets;
- (b) meat and meat products (other than milk and milk products) from cattle and sheep;
- “cereal and oilseed industries” means the industries comprising the activities of growers and persons trading as wholesale buyers or sellers of cereal or oilseed, or processing cereal, and—
- (c) “cereal” means wheat (including durum wheat) , barley, oats, rye, maize, triticale or any two or more of such cereals grown as one crop; and
- (d) “oilseed” means rapeseed, linseed, soyabean or sunflowerseed or any two or more of such oilseeds grown as one crop;
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F15“horticulture industry” means the growing by way of business of—
- (a) protected vegetables, herbs and leafy salads grown in glasshouse systems and indoors;
- (b) field vegetables grown outdoors, including vegetables, herbs, leafy salads but not including potatoes;
- (c) soft fruit grown outdoors or under cover and indoors;
- (d) trees that bear fruit;
- (e) vines and bines;
- (f) mushrooms;
- (g) bulbs and cut flowers grown outdoors and indoors;
- (h) pot plants, including seasonal bedding plants;
- (i) hardy ornamental nursery stock, including Christmas trees; and
- (j) trees and saplings in tree and forest nurseries;
- “milk industry” means the industry comprising the activities of producers in producing cows' milk or milk products and selling them by way of business;
- “pig industry” means all the activities comprised in the production, marketing and distribution of pigs or pig products, including the carrying on of slaughterhouses and pig auctions and markets;
- “potato industry” means the activities of persons in growing, selling, buying or in any way dealing in potatoes, whether raw or processed, by way of business.
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