The Potato Industry Development Council (Amendment) Order 2002

Amendment of the principal Order

6.  In article 9 (charges for expenses)—

(a) there shall be substituted for paragraph (3) the following paragraph—

“(3) Any charge imposed under this article shall not exceed—

(a) in the case of producers, £50 per hectare of land used to grow potatoes, and

(b) in the case of a first purchaser who buys or takes delivery of potatoes or any subsequent purchaser who buys or takes delivery of raw potatoes, in either case for human consumption, 25p per tonne at the point of sale.”;

(b) paragraph (4) shall be deleted;

(c) in paragraph (5), there shall be substituted for the words “Payment of the charges referred to in this article” the words “Payment of any charge imposed under paragraph (1)”, and in sub-paragraph (a) there shall be substituted for the word “November” the word “December”;

(d) there shall be substituted for paragraph (8) the following paragraph—

“(8) A producer/merchant shall be regarded for the purposes of this article—

(a) as a producer, in respect of potatoes which he has grown himself, (and the next person who buys or takes delivery from him shall be regarded for these purposes as the first purchaser of those potatoes); and

(b) as a first purchaser or subsequent purchaser, in respect of potatoes which he has acquired as such.”;

(e) there shall be substituted for paragraph (9) the following paragraph—

“(9) Where seed potatoes are sold to a producer for the purposes of planting, the producer shall be regarded for the purposes of this article as a producer in respect of those potatoes, and, subject to paragraph (9A), no other charge shall be paid on seed potatoes at any stage.”;

(f) after paragraph (9) there shall be inserted the following paragraphs—

“(9A) The Council may, for the purposes referred to in paragraph (1) and with the approval of the Ministers, impose on any person who has failed to pay a charge or any part of a charge imposed under paragraph (1) (“the former charge”) by the date or dates on which payment is due in accordance with paragraph (5) (“the original due date”), a new higher charge in substitution for the former charge, at such rate as the Council considers from time to time to be appropriate.

(9B) Any new charge imposed under paragraph (9A) shall become due on the day immediately following the original due date.”.