Apple and Pear Development Council Order 1966

JurisdictionUK Non-devolved
CitationSI 1966/1579
Year1966

1966 No. 1579

INDUSTRIAL ORGANISATION AND DEVELOPMENT

The Apple and Pear Development Council Order 1966

16thDecember 1966

23rdDecember 1966

The Minister of Agriculture, Fisheries and Food in exercise of the powers conferred on him by sections 1, 2, 3, 4, 5, 6 and 14 of the Industrial Organisation and Development Act 1947(a) and of all other powers enabling him in that behalf, after consultation with the organisations appearing to him to be representative of substantial numbers of persons carrying on business and employed in the industry, being satisfied that the establishment of a development council for the industry is desired by a substantial number of the persons engaged in the industry, and having satisfied himself that the incidence of charges as between different classes of undertakings in the industry will be in accordance with a fair principle, hereby makes the following order a draft whereof has been laid before Parliament and approved by a resolution of each House of Parliament:—

Citation and commencement

1. This order may be cited as the Apple and Pear Development Council Order 1966; and shall come into operation at the expiration of seven days beginning with the day on which it is made.

Interpretation

2.—(1) In this order, unless the context otherwise requires—

"apples and pears" means apples and pears other than "cider apples" and "perry pears";

"apple or pear tree" means any plant capable, respectively, of bearing apples or pears in season and of at least five years' growth after initial budding or grafting;

"cider apples" and "perry pears" mean respectively apples and pears of the varieties specified in Schedule 3 to this order;

"the Council" means the Apple and Pear Development Council established under the provisions of this order;

"grower" means a person who carries on business in the industry and occupies land in England and Wales of five acres or more planted with apple or pear trees;

(a) 1947 c. 40.

"the industry" means the growing of apples and pears in England and Wales for sale by way of trade or business;

"the Minister" means the Minister of Agriculture, Fisheries and Food;

"sale" includes storage or preparation with a view to subsequent sale,

(2) The Interpretation Act 1889(a) shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

Establishment of Development Council

3.—(1) There shall be established a development council for the industry, to be known as the Apple and Pear Development Council, and there shall be assigned to it the functions specified in Schedule 1 to this order.

(2) The Council shall exercise their functions in such manner as appears to them to be likely to increase efficiency and productivity in the industry, to improve and develop the service that it renders or could render to the community and to enable it to render that service more economically.

(3) The Council may enter into such agreements, acquire such property and do such things, as may in the opinion of the Council be necessary or desirable for the exercise of any of their functions, and may dispose as they think fit of any property acquired by them.

Constitution of Council

4. The Council shall consist of the following members appointed by the Minister, that is to say:—

(1) Not more than 12 nor less than 10 persons capable of representing the interests of growers;

(2) 3 persons capable of representing the interests of persons employed in the industry;

(3) 3 persons as to whom the Minister is satisfied that they have no such financial or industrial interest as is likely to affect them in the discharge of their functions as members of the Council (hereinafter referred to as "independent members"); and

(4) 3 persons having special knowledge of matters relating to the marketing or distribution of products of the industry.

Proceedings of Council

5. The provisions of Schedule 2 to this order shall have effect in relation to the membership and proceedings of the Council.

Register of growers

6.—(1) The Council shall keep a register of growers and shall enter therein the name and address of every person who applies to the Council in writing to be registered.

(2) The Council may enter in the register, in addition to the name and address of any registered person, any business name under which he carries on business in the industry, the address of any place at which he carries on business in the industry and the names of his partners in business in the industry, but no other information.

(a) 1889 c. 63.

(3) Any person whose name is entered in the register shall notify the Council forthwith in writing of any matter rendering the entry in the register relating to him inaccurate or incomplete.

(4) The Council shall, on receipt of any such notification as is referred to in paragraph (3) of this article, amend the register in accordance therewith.

(5) Any registered person may apply in writing to the Council for the removal of his name from the register and if the Council are satisfied that such person no longer carries on business in the industry they may remove his name forthwith.

(6) The Council may, if they have reasonable cause to believe that any person whose name is entered in the register no longer carries on a business in the industry, by notice in writing inform that person of their intention to remove his name from the register unless within one month from the date of the notice he gives notice in writing to the Council that he is a person carrying on such a business, and if no such notice is received by the Council within the said period the Council may on the expiration of that period remove his name from the register.

(7) The register shall be kept at the office of the Council and any person shall, on the payment of a fee of two shillings, be entitled to inspect the register during normal business hours and to take, or be supplied with, a copy of the entries relating to any one registered person.

Registration of growers

7.—(1) Every person who is a grower on the 1st day of April 1967, or on the first day of the fourth month next following the month within which this order comes into operation if that is later, shall within one month thereafter apply in writing to the Council to be registered, and every person who after that day becomes a grower shall so apply within one month of becoming a grower.

(2) Where two or more persons jointly carry on business in the industry they shall, for the purpose of registration, be treated as constituting a single person.

Exemption from registration

8. If a grower has fewer than 50 apple or pear trees growing on land occupied by him for the purpose of business in the industry, he shall be exempt from registration.

Returns and information

9. The Council may require any registered grower to furnish such returns and...

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