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STATUTORY INSTRUMENTS


2003 No. 908

INDUSTRIAL ORGANISATION AND DEVELOPMENT

The Horticultural Development Council (Amendment) Order 2003

  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 - 

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[
4].

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) - 

     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 - 

     6. There shall be substituted for article 7 (registration of growers) the following article - 

     7. In article 9 (charges for expenses) - 

     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 - 

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.


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
Article 9






PART II

EXCLUDED VARIETIES OF PEARS




PART III

HORTICULTURAL 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 - 

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 - 

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.



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 (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.


Notes:

[1] 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).back

[2] 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.back

[3] 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.back

[4] S.I. 1986/1110, was amended by S.I. 1990/454, 1992/1836, 2000/1975 and 2002/1676.back

[5] S.I. 1989/2277.back



ISBN 0 11 045560 6


 
© Crown copyright 2003
Prepared 7 April 2003


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