The Apple Orchard Grubbing Up Regulations 1991

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“apple tree” means any plant actually or potentially capable of producing a normal and full crop of apples other than cider apples;

“applicant” means a person who makes an application;

“application” means an application for a premium;

“the appropriate Minister” means—

(a)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(b)

in relation to Scotland or Wales, the Secretary of State;

“authorised officer” means an officer authorised by the appropriate Minister for the purposes of these Regulations;

“the Commission Regulation” means Commission Regulation (EEC) No 2640/90 laying down detailed rules for the application of Council Regulation (EEC) No 1200/90 on the improvement of the Community Production of apples and amending Regulation (EEC) No 3322/89 determining the operative events applicable in the fruit and vegetables sector(1);

“the Council Regulation” means Council Regulation (EEC) No 1200/90 on the improvement of the Community production of apples(2);

“former orchard” means land formerly an apple orchard in respect of which a premium has been paid;

“holding” means land including an apple orchard in respect of which an application is made, occupied as a unit for agricultural purposes by the applicant at the time of making the application;

“occupier” means a person, other than the applicant, who occupies a former orchard or part of a former orchard at any time during the restriction period;

“premium” means the grubbing up premium provided for in Article 1 of the Council Regulation;

“the restriction period” means, in relation to a holding, the period of fifteen years commencing with the day on which qrubbing up is completed on that holding.

(2) Expressions in these Regulations other than those defined in paragraph (1) of this regulation, which also appear in the Council Regulation or the Commission Regulation, have the meanings they bear therein.

(3) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.

(1)

OJ No L 245, 8.9.90, p.23.

(2)

OJ No L 119, 11.5.90, p.63.