Horticultural Development Council (Amendment) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/908
Year2003

2003 No. 908

INDUSTRIAL ORGANISATION AND DEVELOPMENT

The Horticultural Development Council (Amendment) Order 2003

Made 27th March 2003

Coming into force 1st April 2003

The Secretary of State and the National Assembly for Wales, acting concurrently, in exercise of the powers conferred by sections 1 to 4, 6, 8(1) and 14(2) of the Industrial Organisation and Development Act 19471, and now vested in them2, and with the consent of the Scottish Ministers3, and after consultation, in accordance with section 8(1) of the said Act, with the Horticultural Development Council and with organisations appearing to them to be representative of substantial numbers of persons carrying on business in the horticultural industry and with such organisations representative of persons employed in that industry as appear to them to be appropriate, and having satisfied themselves (as required by section 4(3) of the said Act) that the incidence of charges as between different classes of undertakings in that industry will be in accordance with a fair principle, make the following Order a draft of which has been laid before and approved by a resolution of each House of Parliament—

Title and commencement
S-1 Title and commencement

Title and commencement

1.—(1) This Order may be cited as the Horticultural Development Council (Amendment) Order 2003, and shall come into force on 1st April 2003.

(2) In this Order “the principal Order” means the Horticultural Development Council Order 19864.

Amendment of the principal Order

Amendment of the principal Order

S-2 The principal Order shall be amended in accordance with the...

2. The principal Order shall be amended in accordance with the following provisions of this Order.

S-3 In article 2 (interpretation), in paragraph (1)— there shall be...

3. In article 2 (interpretation), in paragraph (1)—

(a) there shall be inserted before the definition of “compost” the following definitions—

““apple” and “pear” mean respectively any apple other than the varieties listed in Part I of Schedule I and any pear other than the varieties listed in Part II of that Schedule;

“apple or pear grower” means a person who carries on the trade or business of growing apples or pears for sale or for processing into an apple or pear product with a view to its sale, and occupies land of at least two hectares planted with at least 50 trees (whether apple or pear or both);”;

(b) there shall be substituted for the definition of “grower” the following definition—

““grower” means—

(a) a person, other than an apple or pear grower, who grows horticultural produce (excluding mushrooms) for sale, whose sales of such produce (excluding Value Added Tax and the cost of haulage and packing materials and, in those cases where the produce is prepared for market in rateable packhouses, any rates levied in respect of such packhouses) were not less than £25,000 during his relevant accounting year;

(b) a mushroom grower; and

(c) an apple or pear grower;”;

(c) in the definition of “horticultural produce”, there shall be inserted before the words “Schedule 1” the words “Part III of”.

S-4 In article 4 (constitution of Council), in paragraph (1) there...

4. In article 4 (constitution of Council), in paragraph (1) there shall be substituted for the word “eleven” the word “twelve”.

S-5 In article 6 (register of growers), for paragraph (2) there...

5. In article 6 (register of growers), for paragraph (2) there shall be substituted the following paragraph—

S-2

“2 The Council may enter on the register, in addition to the name and address of any registered grower—

(a) any business name under which and the address of any place at which he carries on business in the industry, and the names of his partners in any such business,; and

(b) where the registered grower is a company, the names and addresses of any directors of the company.

but no other information.”.

S-6 There shall be substituted for article 7 (registration of...

6. There shall be substituted for article 7 (registration of growers) the following article—

S-7

7.—(1) Every person who was registered as a grower under the Apple and Pear Research Council Order 1989 immediately before the dissolution of the Apple and Pear Research Council shall be registered as a grower in the register kept by the Horticultural Development Council.

(2) Every person who on or after 31st March 2003 becomes a grower shall apply in writing to the Council to be registered within two months of the day on which he became a grower.

(3) 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.”.

S-7 In article 9 (charges for expenses)— there shall be substituted...

7. In article 9 (charges for expenses)—

(a) there shall be substituted for paragraph (1) the following paragraph—

S-1

“1 For the purposes of enabling it to meet its expenses in the exercise of its functions and its administrative expenses the Council may, with the approval of the Ministers and subject to paragraphs (2), (3) and (3A), impose—

(a) on each grower, other than an apple or pear grower or a mushroom grower, a charge for any levy period at a rate not exceeding 0.5 per cent of the value (excluding Value Added Tax) of his sales of horticultural produce during his relevant accounting year;

(b) on each apple or pear grower either—

(i) a charge for any levy period at a rate not exceeding £35 in respect of each hectare of land occupied by him during all or any part of that period for the purpose of business in the industry and planted with apple or pear trees, or

(ii) where the average density of planting on any land so occupied is less than 125 trees per hectare and the grower so elects, a charge for any levy period in respect of every 50 trees at the rate of two-fifths of the charge which would otherwise be imposed under paragraph (i) of this sub-paragraph; and

(c) on each mushroom grower a charge for any levy period at a rate not exceeding 15 pence per litre of spawn purchased for use in compost during his relevant accounting year.”;

(b) after paragraph (3) there shall be inserted the following paragraph—

S-3A

“3A For the purpose of calculating a charge imposed under paragraph (1)(b), headlands shall be included but fractions of less than one-tenth of a hectare or any remainder after the number of trees has been divided by 50 shall be ignored.”

S-8 In article 12 (offences), in paragraph (1) there shall be...

8. In article 12 (offences), in paragraph (1) there shall be inserted after the words “article 7(1)”, the words “or (2)”.

S-9 For Schedule 1 to the principal Order there shall be...

9. For Schedule 1 to the principal Order there shall be substituted the Schedule set out in the Schedule to this Order.

S-10 In Schedule 2 (functions of the Horticultural Development...

10. In Schedule 2 (functions of the Horticultural Development Council), after paragraph 3 there shall be added the following paragraphs—

S-4

“4 Promoting the adoption of measures for securing safer and better working conditions, and the provision and improvement of amenities for persons employed, and promoting or undertaking inquiry as to such measures.

S-5

5 Promoting the production and marketing of standard products.

S-6

6 Promoting or undertaking research for improving arrangements for marketing and distributing products.

S-7

7 Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.

S-8

8 Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.”.

Saving
S-11 Saving

Saving

11.—(1) Notwithstanding the provisions of this Order, the provisions of the principal Order in force prior to the coming into force of this Order shall continue to apply in respect of levy periods ending prior to the coming into force of this Order.

(2) In paragraph (1), “levy period” has the same meaning as in the principal Order.

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs

27th March 2003

D. Elis Thomas

Signed on behalf of the National Assembly for Wales, Presiding Officer

25th March 2003

Ross Finnie

A member of the Scottish Executive

26th March 2003

SCHEDULE

Article 9

SCHEDULE

PART I

EXCLUDED VARIETIES OF APPLES

Abondance

Bulmer’s Norman

EB 54

Allens Sweet

Burrowhill Early

Ecarlatine

Amer de Berthecourt

Camelot

Eggleton Styne

Amer de Torentice

Captain Broad

Ellis Bitter

Argile Grise

Cherry Norman

Fair Maid of Devon

Ashton Bitter

Cherry Pearmain

Fillbarrel

Ashton Brown Jersey

Chisel Jersey

Four Square

Backwell Red

Churchill

Foxwhelp

Ball’s Bitter Sweet

Cider Lady’s Finger

Franqueville

Barbarie Blanche

Cimetiere

Frederick

Bedan

Coat Jersey

Frequin Audievre

Belle de Douai

Collington Bitter Sweet

Frequin Tardif

Belle Fille de la Manche

Compton Drum

Frequin Tardive de la Sarthe

Belle Norman

Cool Jersey

Genet Moyle

Bergere

Court Royal

Gilbert

Binet Rouge

Cow Apple

Goddard

Black Dabinett

Cowarne Red

Green Norman

Black Foxwhelp

Crimson King

Gros Doux Blanc

Black Norman

Crimson Victoria

Grosse Launette

Black Valls

Croix de Bouelles

Hagloe Crab

Blanc Mollet

Crummy Norman

Hangdown

Bloody Turk

Dabinett

Harnette

Bouteille de Caen

De Boutteville

Harry Masters Jersey

Bramtot

Des Domaines

Hereford Broadleaf

Bran Rose

Doux Amer

Hereford White

Breakwell’s Seedling

Doux Lazon

Honeystring

Brimley Bittersweet

Doux Normandie

Improved Dove

Brown Thorn

Dove

Improved Hangdown

Brown’s Apple

Dufflin

Improved Kingston Black

Broadleaf Norman

Dunkerton Late

Improved Lambrook Pippin

Broadley Jersey

Dunkerton’s Sweet

Improved Pound

Brown Jersey

Dymock Red

Improved Redstreak

Brown Snout

Early David

Jackson

Broxwood Foxwhelp

EB 52

Jambe de Lievre

John Broad

Pomme Mettais

Stoke Red

Jolly Rouge

Port Wine

Stawberry Norman

Killerton Sweet

Porter’s Perfection

Sweet Alford

...

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