Draft Order laid before Parliament under section 1(6) of the Industrial Organisation and Development Act 1947, for approval by resolution of each House of Parliament.
2003 No.
INDUSTRIAL ORGANISATION AND DEVELOPMENT

The Horticultural Development Council (Amendment) Order 2003

Made2003
Coming into force
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 19471, and now vested in them2, and with the consent of the Scottish Ministers3, 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—

Title and commencement

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 19864.

Amendment of the principal Order

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—

    1. (a)

      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;

    2. (b)

      a mushroom grower; and

    3. (c)

      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 1st April 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% 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.”.

Saving

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.

Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs

Signed on behalf of the National Assembly for Wales

Presiding Officer

We consent

A member of the Scottish Executive

SCHEDULE

Article 9

“SCHEDULE 1

Article 2(1)

PART IEXCLUDED VARIETIES OF APPLES

Abondance

Dymock Red

Pennard Bitter

Allens Sweet

Early David

Pethyre

Amer de Berthecourt

EB 52

Pig’s Snout

Amer de Torentice

EB 54

Pomme Mettais

Argile Grise

Ecarlatine

Port Wine

Ashton Bitter

Eggleton Styne

Porter’s Perfection

Ashton Brown Jersey

Ellis Bitter

Red Foxwhelp

Backwell Red

Fair Maid of Devon

Red Jersey

Ball’s Bitter Sweet

Fillbarrel

Red Norman

Barbarie Blanche

Four Square

Red Streak

Bedan

Foxwhelp

Redstrake

Belle de Douai

Franqueville

Reine de Hatives

Belle Fille de la Manche

Frederick

Reine des Pommes

Belle Norman

Frequin Audievre

Reinette D'Obry

Bergere

Frequin Tardif

Rouge Bruyere

Binet Rouge

Frequin Tardive de la Sarthe

Rougette Douce

Black Dabinett

Genet Moyle

Royal Jersey

Black Foxwhelp

Gilbert

Royal Somerset

Black Norman

Goddard

Royal Wilding

Black Valls

Green Norman

Sandford Jersey

Blanc Mollet

Gros Doux Blanc

Sauvageon

Bloody Turk

Grosse Launette

Scudamore Crab

Bouteille de Caen

Hagloe Crab

Severn Bank

Bramtot

Hangdown

Sherrington Norman

Bran Rose

Harnette

Silver Cup

Breakwell’s Seedling

Harry Masters Jersey

Skyrmes Kernel

Brimley Bittersweet

Hereford Broadleaf

Slack My Girdle

Brown Thorn

Hereford White

Somerset Brown Jersey

Brown’s Apple

Honeystring

Somerset Red Streak

Broadleaf Norman

Improved Dove

Sops in Wine

Broadley Jersey

Improved Hangdown

St Laurent

Brown Jersey

Improved Kingston Black

Stable Jersey

Brown Snout

Improved Lambrook Pippin

Stembridge Cluster

Broxwood Foxwhelp

Improved Pound

Stembridge Jersey

Bulmer’s Norman

Improved Redstreak

Stoke Red

Burrowhill Early

Jackson

Strawberry Norman

Camelot

Jambe de Lievre

Sweet Alford

Captain Broad

John Broad

Sweet Blenheim

Cherry Norman

Jolly Rouge

Sweet Copping

Cherry Pearmain

Killerton Sweet

Tale Sweet

Chisel Jersey

Kingston Black

Tan Harvey

Churchill

Knotted Kernel

Tanners Red

Cider Lady’s Finger

Langworthy

Tardive Forestier

Cimetiere

Lavignee

Taunton Fair Maid

Coat Jersey

Le Bret

Taylor's

Collington Bitter Sweet

Lorna Doone

Ten Commandments

Compton Drum

Loyal Drain

Thomas Hunt

Cool Jersey

Major

Tom Putt

Court Royal

Marechal

Tremlett’s Bitter

Cow Apple

Maundy

Upright French

Cowarne Red

Medaille d'Or 1

Upright Styre

Crimson King

Medaille d'Or 2

Vagnon Archer

Crimson Victoria

Michelin

Vagon Archer

Croix de Bouelles

Morgan Sweet

Vilberie

Crummy Norman

Moulin a Vent

Wellings Bitter Sweet

Dabinett

Muscadet de Dieppe

White Alphington

De Boutteville

Nehou

White Close Pippin

Des Domaines

Neverblight

White Frequin

Doux Amer

Northwood

White Jersey

Doux Lazon

Oakham Green

White Norman

Doux Normandie

Oisier

Woodbine

Dove

Old Pound

Yarlington Mill

Dufflin

Omont

Yellow Redstreak

Dunkerton Late

Peau de Blaireau

Yellow Styre

Dunkerton’s Sweet

Peau de Vache

PART IIEXCLUDED VARIETIES OF PEARS

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

PART IIIHORTICULTURAL PRODUCE

VEGETABLES GROWN IN THE OPEN

All vegetables sold for human consumption, including watercress but excluding potatoes.

FRUIT

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.

FLOWERS AND BULBS

All flowers whether cut or in pot, foliage, flower bulbs, corms, tubers and rhizomes.

HARDY AND OTHER NURSERY STOCK

All hardy nursery stock including

  • fruit trees, bushes and canes, strawberries for runner production and other fruit stock for transplanting

  • roses (including stock for budding)

  • shrubs and hedging plants

  • ornamental trees and trees for sale for amenity purposes

  • perennial herbaceous plants

  • aquatic plants

All other nursery stock, seedlings and cuttings for propagation.

PROTECTED CROPS

All crops grown in glasshouses and other forms of protection including pot plants, bedding plants and plants being propagated for growing elsewhere.

MUSHROOMS

All species of mushrooms.

HERBS

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).

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.