5 Power to impose and recover charges and powers of the Secretary of State
1 The Secretary of State may impose charges on apple and pear growers for the purpose of raising any amount (“the relevant amount”) by which the assets of the Council may be insufficient to meet the Council’s liabilities and the expenses of the winding up.
2 The amount of any charges that may be raised under paragraph (1) during the year beginning on 1st April 2004 shall be computed so as not to yield more than the relevant amount as calculated by the Secretary of State on the basis of the information known to her on 30th June 2004.
3 Where any charges are imposed under paragraph (1), the amount of the charge imposed on each apple and pear grower shall be calculated as follows—
A=B/C×D
where—
“A” is the amount of the charge imposed on each apple and pear grower under paragraph (1) of this article;
“B” is the amount of the charge which was imposed on that grower under article 9(1) of the principal Order in respect of the year beginning on 1st April 2002;
“C” is the total amount of such charges imposed on apple and pear growers in respect of that year;
“D” is any amount to be raised under paragraph (1) of this article.
4 The provisions of articles 9(3) and (4) and 11(1) of the principal Order shall apply in relation to any charge imposed under paragraph (1) of this article, subject to the substitution for references in articles 9(4) and 11(1) to the Council, or references to the Secretary of State.