2002 No. 1676
INDUSTRIAL ORGANISATION AND DEVELOPMENT

The Horticultural Development Council (Amendment) Order 2002

Made
Coming into force
The Secretary of State and the National Assembly for Wales, acting concurrently, in exercise of the powers conferred by sections 1, 4, 8 and 14(2) of the Industrial Organisation and Development Act 19471, and now vested in them2, and of all other powers enabling them in that behalf, 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, in accordance with sections 1(3) and 8(1) of the said Act, 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 the charges as between different classes of undertakings in that industry will be in accordance with a fair principle, hereby 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.

This Order may be cited as the Horticultural Development Council (Amendment) Order 2002 and shall come into force on 1st October 2002.

Interpretation

2.

In this Order—

  • “levy period” shall have the same meaning as in the principal Order; and

  • “the principal Order” shall mean the Horticultural Development Council Order 19864.

Amendment of the principal Order

3.

The principal Order shall be amended in accordance with the following provisions of this Order.

4.

In article 2(1) of the principal Order—

(a)

in the definition of “grower”, there shall be substituted for the words “costs associated with such preparation” the words “any rates levied in respect of such packhouses”;

(b)

there shall be substituted for the definition of “processing” the following definition—

““processing” means an operation carried out upon harvested horticultural produce, such produce not being subject to any further cultivation, by means of canning, freezing, drying, juicing or any other similar process which substantially alters the raw product;”; and

(c)

in the definition of “relevant accounting year”, there shall be substituted for paragraph (b) the following paragraph—

“(b)

in the case of a mushroom grower in respect of the levy period specified in column (1) of Part B of the table in paragraph (2) of this article, the period specified in respect thereof in column (2) of that Part.”.

5.

For article 2(2) of the principal Order there shall be substituted the following paragraph—

“(2)

Part A

Column (1)

Column (2)

The period commencing on 1st October 2002 and ending on 31st March 2003

The accounting year ending during the calendar year 2001

The period commencing on 1st April 2003 and ending on 31st March 2004

The accounting year ending during the calendar year 2002

Any subsequent period of 12 months commencing on 1st April in any year

The accounting year ending during the calendar year preceding the calendar year during which the levy period commences

Part B

Column (1)

Column (2)

The period commencing on 1st October 2002 and ending on 31st March 2003

The period of six months ending on 31st March 2002

Any subsequent period of 12 months commencing on 1st April in any year

The period of 12 months ending on 31st March preceding the commencement of the levy period”.

6.

In paragraph (2)(b) of article 9 of the principal Order, there shall be substituted for the words “costs associated with such preparation” the words “any rates levied in respect of such packhouses”.

7.

In Schedule 1 to the principal Order—

(a)

under the heading “VEGETABLES GROWN IN THE OPEN”, the words “herbs and” shall be deleted;

(b)

under the heading “HARDY AND OTHER NURSERY STOCK”, the words “ —aquatic plants” shall be added to the list of products after the words “—perennial herbaceous plants”; and

(c)

the following shall be added after the words “all species of mushrooms. ”—

“HERBS

All species of herbs.”.

Saving

8.

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 the imposition of charges for levy periods ending prior to the coming into force of this Order.

Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs

Signed on behalf of the National Assembly for Wales

D. Elis-Thomas
Presiding Officer

We consent

Ross Finnie
A member of the Scottish Executive
(This note is not part of the Order)

This Order, which comes into force on 1st October 2002, further amends the Horticultural Development Council Order 1986 (S.I. 1986/1110) (“the principal Order”). This Order provides for new levy and accounting periods in article 2(2) of the principal Order (article 5) and makes consequential and other amendments to the definitions contained in article 2(1), and the levy provisions in article 9, of the principal Order (articles 4 and 6). This Order also adds for clarification two further categories to the list of horticultural produce specified in Schedule 1 to the principal Order (article 7). Finally, this Order introduces a saving in respect of levy arrangements applying to earlier levy periods (article 8).

No Regulatory Impact Assessment has been prepared in respect of this Order.