Statutory Instruments
INDUSTRIAL ORGANISATION AND DEVELOPMENT
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 1947(1), and now vested in them(2), and with the consent of the Scottish Ministers(3), 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—
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 1986(4).
2. The principal Order shall be amended in accordance with the following provisions of this Order.
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 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;
a mushroom grower; and
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”.
4. In article 4 (constitution of Council), in paragraph (1) there shall be substituted for the word “eleven” the word “twelve”.
5. In article 6 (register of growers), for paragraph (2) there shall be substituted the following paragraph—
“(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.”.
6. There shall be substituted for article 7 (registration of growers) the following article—
“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.”(5).
7. In article 9 (charges for expenses)—
(a)there shall be substituted for paragraph (1) the following paragraph—
“(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—
“(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.”
8. In article 12 (offences), in paragraph (1) there shall be inserted after the words “article 7(1)”, the words “or (2)”.
9. For Schedule 1 to the principal Order there shall be substituted the Schedule set out in the Schedule to this Order.
10. In Schedule 2 (functions of the Horticultural Development Council), after paragraph 3 there shall be added the following paragraphs—
“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.
5. Promoting the production and marketing of standard products.
6. Promoting or undertaking research for improving arrangements for marketing and distributing products.
7. Promoting or undertaking research into matters relating to the consumption or use of goods and services supplied by the industry.
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.”.
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
We consent
Ross Finnie
A member of the Scottish Executive
26th March 2003
Article 9
Article 2(1)
| 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 |
| Kingston Black | Red Foxwhelp | Sweet Blenheim |
| Knotted Kernel | Red Jersey | Sweet Copping |
| Langworthy | Red Norman | Tale Sweet |
| Lavignee | Red Streak | Tan Harvey |
| Le Bret | Redstrake | Tanners Red |
| Lorna Doone | Reine de Hatives | Tardive Forestier |
| Loyal Drain | Reine des Pommes | Taunton Fair Maid |
| Major | Reinette D'Orby | Taylor's |
| Marechal | Rouge Bruyere | Ten Commandments |
| Maundy | Rougette Douce | Thomas Hunt |
| Medaille d'Or 1 | Royal Jersey | Tom Putt |
| Medaille d'Or 2 | Royal Somerset | Tremlett’s Bitter |
| Michelin | Royal Wilding | Upright French |
| Morgan Sweet | Sandford Jersey | Upright Styre |
| Moulin a Vent | Sauvageon | Vagnon Archer |
| Muscadet de Dieppe | Scudamore Crab | Vagon Archer |
| Nehou | Severn Bank | Vilberie |
| Neverblight | Sherrington Norman | Wellings Bitter Sweet |
| Northwood | Silver Cup | White Alphington |
| Oakham Green | Skyrmes Kernel | White Close Pippin |
| Oisier | Slack My Girdle | White Frequin |
| Old Pound | Somerset Brown Jersey | White Jersey |
| Omont | Somerset Red Streak | White Norman |
| Peau de Blaireau | Sops in Wine | Woodbine |
| Peau de Vache | St Laurent | Yarlington Mill |
| Pennard Bitter | Stable Jersey | Yellow Redstreak |
| Pethyre | Stembridge Cluster | Yellow Styre |
| Pig’s Snout | Stembridge Jersey |
| Arlingham Squash | Flakey Bark | Painted Lady |
| Barland | Forrest Pear | Parsonage |
| Barnet | Gin | Pig Pear |
| Bartestree Squash | Golden Balls | Pine |
| Bastard Longdon | Goldings | Pint |
| Bastard Sack | Grandfather Tum(p) | Potato Pear |
| Billy Williams | Green Horse | Red Huffcap |
| Black Huffcap | Green Longdon | Red Longdon |
| Blacksmith | Harley Gum | Red Pear |
| Blakeney Red | Hartpury Green | Rock |
| Bloody Bastard | Hastings | Rumblers |
| Bosbury Scarlet | Hatherley Squash | Sack |
| Boy Pear | Hellens Early | Sickle Pear |
| Brandy | Hellens Green | Silver Pear |
| Brockhill | Hendre Huffcap | Snake Pole |
| Brown Bess | Heydon | Sow Pear |
| Brown Russet | High Pear | Speart Pear |
| Butt | Hillend Green | Staunton Squash |
| Cannock | Holmer | Stinking Bishop |
| Chaceley Green | Honey Knob | Swan Egg |
| Claret | Iron Sides | Taynton Squash |
| Clipper Dick | Jenkins' Red | Teddington Green |
| Clusters | Judge Amphlett | Thorn |
| Coppy | Knapper | Thurston’s Red |
| Cowslip | Lullam | Tumper |
| Deadboy | Merrylegs | Turner’s Barn |
| Ducksbarn | Moorcroft | Teddington Green |
| Early Blet | Murrell | White Bache |
| Early Griffin | Nailer | White Longdon |
| Early Hay Pear | New Meadow | Winnal’s Longdon |
| Early Longdon | Newbridge | Yellow Huffcap |
| Early Treacle | Oldfield | Young Heydon |
All vegetables sold for human consumption, including watercress but excluding potatoes.
All soft fruit and orchard fruit including nuts but excluding—
(a)the varieties listed in Parts I and II of this Schedule;
(b)hops; and
(c)grapes.
All flowers whether cut or in pot, foliage, flower bulbs, corms, tubers and rhizomes.
All hardy nursery stock including—
(a)fruit trees, bushes and canes, strawberries for runner production and other fruit stock for transplanting;
(b)roses (including stock for budding);
(c)shrubs and hedging plants;
(d)ornamental trees and trees for sale for amenity purposes;
(e)perennial herbaceous plants;
(f)aquatic plants.
All other nursery stock, seedlings and cuttings for propagation.
All crops grown in glasshouses and other forms of protection including pot plants, bedding plants and plants being propagated for growing elsewhere.
All species of mushrooms.
All species of herbs.”
(This note is not part of the Order)
This Order, which comes into force on 1st April 2003, applies throughout Great Britain and further amends the Horticultural Development Council Order 1986 (S.I. 1986/1110) (“the principal Order”).
The Order adds five new functions of the Horticultural Development Council established under the principal Order (article 10). It also provides for any person who grows apples or pears (other than certain excluded varieties) for sale or processing into an apple or pear product and who occupies at least two hectares of land planted with at least 50 trees to be included in the definition of “grower” in the principal Order (article 3). Such growers were subject to a charge by the Apple and Pear Research Council until its dissolution by the Apple and Pear Research Council Dissolution Order (S.I. No. 2003/909).
Article 7 sets a maximum charge of £35 per hectare for such growers, and Article 6 provides for their inclusion in the register kept by the Council. Article 4 provides for the membership of the Council to be increased by one to fifteen. Article 5 enables the Council to record the names and addresses of the directors of companies on the register.
1947 c. 40: section 4 was modified, in the case of any development council order relating to agriculture, by section 60 of the Agriculture Act 1993 (c. 37).
In respect of the Secretary of State, by virtue of S.I. 1955/554, 1978/272, 1999/672, 1999/3141 and 2002/794; in respect of the National Assembly for Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”), in so far as they are exercisable in relation to Wales. The Horticultural Development Council is a cross-border body as defined in Schedule 3, paragraph 3(2), to the Government of Wales Act 1998 (c. 38). By virtue of article 2(c) of the 1999 Order, functions under the Industrial Organisation and Development Act 1947 which are exercisable in relation to a cross-border body, and which cannot be specifically exercised in relation to Wales, are exercisable by the National Assembly for Wales in relation to that body concurrently with the specified Minister of the Crown.
By the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319), made under section 88(5) of the Scotland Act 1998 (c. 46), the Horticultural Development Council was specified as a cross-border public authority for the purposes of that Act. By article 3 of, and paragraph 3 of Schedule 14, to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) it was provided, in respect of any function exercisable by a Minister of the Crown under the Industrial Organisation and Development Act 1947 to modify the Horticultural Development Council Order 1986 (S.I. 1986/1110), that the Secretary of State for Scotland should cease to be such a Minister of the Crown, and that any such function should now be exercisable only with the consent of the Scottish Ministers.
S.I. 1986/1110, was amended by S.I. 1990/454, 1992/1836, 2000/1975 and 2002/1676.