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 1986.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see para (1) above.

Amendment of the principal Order

2

Amendment of the principal Order2

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

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

3

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)    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;

(b)    a mushroom grower; and

(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”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

4

4

In article 4 (constitution of Council), in paragraph (1) there shall be substituted for the word “eleven” the word “twelve”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

5

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

6

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

7

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.”

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

8

8

In article 12 (offences), in paragraph (1) there shall be inserted after the words “article 7(1)”, the words “or (2)”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

9

9

For Schedule 1 to the principal Order there shall be substituted the Schedule set out in the Schedule to this Order.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

10

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Saving

11

Saving11

(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.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

Signature

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

SCHEDULE

SCHEDULE   Article 9“SCHEDULE 1 Article 2(1)Part I
Excluded Varieties of Apples
AbondanceBulmer's NormanEB 54
Allens SweetBurrowhill EarlyEcarlatine
Amer de BerthecourtCamelotEggleton Styne
Amer de TorenticeCaptain BroadEllis Bitter
Argile GriseCherry NormanFair Maid of Devon
Ashton BitterCherry PearmainFillbarrel
Ashton Brown JerseyChisel JerseyFour Square
Backwell RedChurchillFoxwhelp
Ball's Bitter SweetCider Lady's FingerFranqueville
Barbarie BlancheCimetiereFrederick
BedanCoat JerseyFrequin Audievre
Belle de DouaiCollington Bitter SweetFrequin Tardif
Belle Fille de la MancheCompton DrumFrequin Tardive de la Sarthe
Belle NormanCool JerseyGenet Moyle
BergereCourt RoyalGilbert
Binet RougeCow AppleGoddard
Black DabinettCowarne RedGreen Norman
Black FoxwhelpCrimson KingGros Doux Blanc
Black NormanCrimson VictoriaGrosse Launette
Black VallsCroix de BouellesHagloe Crab
Blanc MolletCrummy NormanHangdown
Bloody TurkDabinettHarnette
Bouteille de CaenDe BouttevilleHarry Masters Jersey
BramtotDes DomainesHereford Broadleaf
Bran RoseDoux AmerHereford White
Breakwell's SeedlingDoux LazonHoneystring
Brimley BittersweetDoux NormandieImproved Dove
Brown ThornDoveImproved Hangdown
Brown's AppleDufflinImproved Kingston Black
Broadleaf NormanDunkerton LateImproved Lambrook Pippin
Broadley JerseyDunkerton's SweetImproved Pound
Brown JerseyDymock RedImproved Redstreak
Brown SnoutEarly DavidJackson
Broxwood FoxwhelpEB 52Jambe de Lievre
John BroadPomme MettaisStoke Red
Jolly RougePort WineStawberry Norman
Killerton SweetPorter's PerfectionSweet Alford
Kingston BlackRed FoxwhelpSweet Blenheim
Knotted KernelRed JerseySweet Copping
LangworthyRed NormanTale Sweet
LavigneeRed StreakTan Harvey
Le BretRedstrakeTanners Red
Lorna DooneReine de HativesTardive Forestier
Loyal DrainReine des PommesTaunton Fair Maid
MajorReinette D'OrbyTaylor's
MarechalRouge BruyereTen Commandments
MaundyRougette DouceThomas Hunt
Medaille d'Or 1Royal JerseyTom Putt
Medaille d'Or 2Royal SomersetTremlett's Bitter
MichelinRoyal WildingUpright French
Morgan SweetSandford JerseyUpright Styre
Moulin a VentSauvageonVagnon Archer
Muscadet de DieppeScudamore CrabVagon Archer
NehouSevern BankVilberie
NeverblightSherrington NormanWellings Bitter Sweet
NorthwoodSilver CupWhite Alphington
Oakham GreenSkyrmes KernelWhite Close Pippin
OisierSlack My GirdleWhite Frequin
Old PoundSomerset Brown JerseyWhite Jersey
OmontSomerset Red StreakWhite Norman
Peau de BlaireauSops in WineWoodbine
Peau de VacheSt LaurentYarlington Mill
Pennard BitterStable JerseyYellow Redstreak
PethyreStembridge ClusterYellow Styre
Pig's SnoutStembridge Jersey
Part II
Excluded Varieties of Pears
Arlingham SquashFlakey BarkPainted Lady
BarlandForrest PearParsonage
BarnetGinPig Pear
Bartestree SquashGolden BallsPine
Bastard LongdonGoldingsPint
Bastard SackGrandfather Tum(p)Potato Pear
Billy WilliamsGreen HorseRed Huffcap
Black HuffcapGreen LongdonRed Longdon
BlacksmithHarley GumRed Pear
Blakeney RedHartpury GreenRock
Bloody BastardHastingsRumblers
Bosbury ScarletHatherley SquashSack
Boy PearHellens EarlySickle Pear
BrandyHellens GreenSilver Pear
BrockhillHendre HuffcapSnake Pole
Brown BessHeydonSow Pear
Brown RussetHigh PearSpeart Pear
ButtHillend GreenStaunton Squash
CannockHolmerStinking Bishop
Chaceley GreenHoney KnobSwan Egg
ClaretIron SidesTaynton Squash
Clipper DickJenkins' RedTeddington Green
ClustersJudge AmphlettThorn
CoppyKnapperThurston's Red
CowslipLullamTumper
DeadboyMerrylegsTurner's Barn
DucksbarnMoorcroftTeddington Green
Early BletMurrellWhite Bache
Early GriffinNailerWhite Longdon
Early Hay PearNew MeadowWinnal's Longdon
Early LongdonNewbridgeYellow Huffcap
Early TreacleOldfieldYoung Heydon
Part III
Horticultural ProduceVegetables 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—

(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.

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.”

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2003: see art 1(1).

EXPLANATORY NOTE

EXPLANATORY NOTE (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 (SI 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 (SI 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.

Company Law & Business Entities95 Companies & Corporate Bodies95