{
  "url": "https://openlegislation.uk/apple-and-pear-orchard-grubbing-up-regulations-1998/regulation-2",
  "json_url": "https://openlegislation.uk/apple-and-pear-orchard-grubbing-up-regulations-1998/regulation-2.json",
  "legislation": "uksi/1998/1131",
  "legislation_title": "The Apple and Pear Orchard Grubbing Up Regulations 1998",
  "legislation_url": "https://openlegislation.uk/apple-and-pear-orchard-grubbing-up-regulations-1998",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations, unless the context otherwise requires—\n“the appropriate Minister” means—\n(a) in relation to England, the Minister of Agriculture, Fisheries and Food; and\n(b) in relation to Scotland or Wales, the Secretary of State;\n“authorised person” means a person authorised by the appropriate Minister for the purposes of these Regulations;\n“the Commission Regulation” means Commission Regulation (EC) No. 2467/97 laying down detailed rules for the application of Council Regulation (EC) No. 2200/97 on the improvement of the Community production of apples, pears, peaches and nectarines;\n“the Council Regulation” means Council Regulation (EC) No. 2200/97 on the improvement of the Community production of apple, pears, peaches and nectarines;\n“former orchard” means land formerly an apple or pear orchard (within the meaning of the Council Regulation) affected by a grubbing up operation in respect of which premium has been paid;\n“holding” means land including an apple or pear orchard or a former apple or pear orchard occupied as a unit for agricultural purposes, and for the purposes of this definition “apple orchard”or “pear orchard” includes all parcels planted with apple or pear trees that are part of a holding, regardless of the age of the trees or the density of their planting;\n“non-eligible orchard” means all parcels on the holding under apple trees which are not apple or pear orchards (within the meaning of the Council Regulation);\n“occupier” means a person who occupies a former orchard or part of a former orchard, or an orchard or part of an orchard, at any time during the restriction period;\n“premium” means the grubbing up premium provided for in Article 1 of the Council Regulation;\n“recipient” means a recipient of premium and includes his personal representatives;\n“restriction period” means, in relation to a holding, the period of fifteen years commencing with the day when grubbing up for which premium is payable is completed on that holding; and\n“retained orchard” means land which is an apple or pear orchard in respect of which no premium has been paid.\n(2) Expressions in these Regulations other than those defined in paragraph (1) of this regulation, and which also appear in the Council Regulation or the Commission Regulation, have the same meanings as in those Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ No. L341, 12.12.97, p. 3."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ No. L303, 6.11.97, p. 3."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1131/regulation/2",
    "retrieved_at": "2026-10-29T11:31:39.195976+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}