Horticultural Development Council Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1110 |
| Year | 1986 |
1986No. 1110
INDUSTRIAL ORGANISATION AND DEVELOPMENT
The Horticultural Development Council Order 1986
Laid before Parliament in draft
Made
30thJune1986
Coming into Operation
1stJuly1986
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 1, 2, 3, 4, 5, 6 and 14 of the Industrial Organisation and Development Act 1947( a), and now vested in them ( b), and of all other powers enabling them in that behalf, after consultation with the organisations appearing to them to be representative of substantial numbers of persons carrying on business in the industry and with the organisations representative of persons employed in the industry appearing to them to be appropriate, 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 themselves that the incidence of charges as between different classes of undertakings in the industry will be in accordance with a fair principle, hereby make the following order a draft whereof has been laid before Parliament and approved by a resolution of each House of Parliament:--
Title and commencement
1. This order may be cited as the Horticultural Development Council Order 1986, and shall come into operation on the day immediately following the day on which it is made.
Interpretation
2.--(1) In this order, unless the context otherwise requires--
"the Council" means the Horticultural Development Council established under the provisions of this order;
(a) 1947 c.40; which is to be read, as regards England and Wales, with section 40 of the Criminal Justice Act 1982 (c. 48) and S.I. 1984/447; and as regards Scotland, with sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by section 54 of the Criminal Justice Act 1982 (c. 48), and S.I. 1984/526.
(b) By virtue of S.I. 1978/272.
"grower" means a person who grows horticultural produce for sale, whose sales of such produce (excluding Value Added Tax) were not less than £25,000 during his relevant accounting year;
"horticultural produce" means any of the products listed in Schedule 1 to this order;
"the industry" means the growing of horticultural produce in England, Wales and Scotland by way of trade or business;
"levy period" means one of the periods specified in column (1) of the table in paragraph (2) of this article;
"the Ministers" means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
"processing" means an operation carried out upon raw horticultural produce by means of canning, freezing, drying, juicing, or any other process which substantially alters the raw product;
"relevant accounting year" means in respect of each of the levy periods specified in column (1) of the table in paragraph (2) of this article, the accounting year specified in respect thereof in column (2).
(2) |
Column 1 |
Column 2 |
| (a) the period starting on the commencement day of this order and ending on 31st March 1987: | (a) the accounting year ending in the calendar year 1985: | |
| (b) the period commencing on 1st April 1987 and ending on 30th September 1987: | (b) the accounting year ending in the calendar year 1986: | |
| (c) any subsequent period of 12 months commencing on 1st October in any year: | (c) the accounting year ending in the calendar year preceding the end of the levy period: |
Establishment of Development Council
3.--(1) There shall be established a development council for the industry, to be known as the Horticultural Development Council, and there shall be assigned to it the functions specified in Schedule 2 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 Ministers, that is to say:--
(1) fourteen persons capable of representing the interests of growers;(2) two persons capable of representing the interests of persons employed in the industry;(3) two persons as to whom the Ministers are 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) two persons having special knowledge of matters relating to the marketing or distribution of products of the industry.Membership and proceedings of Council
5. The provisions of Schedule 3 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 grower 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 grower, 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.
(3) Any grower 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 is no longer a grower...
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