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The Apple and Pear Research Council (Dissolution) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110446291

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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.

INDUSTRIAL ORGANISATION AND DEVELOPMENT

Made 2003

Coming into force in accordance with article 1

The Secretary of State and the National Assembly for Wales, acting concurrently, in exercise of the powers conferred by section 8 of the Industrial Organisation and Development Act 1947f1, and now vested in themf2, after consultation with the Apple and Pear Research Council and organisations appearing to them to be representative of substantial numbers of persons carrying on business in the industry of growing apples and pears in England and Wales for sale or for processing into an apple or pear product with a view to its sale by way of trade or business and with such organisations representative of persons employed in that industry as appear to them to be appropriate, make the following Order a draft of which has been laid before and approved by a resolution of each House of Parliament—

Annotations to the whole text

Footnotes

f1

1947 c. 40.

f2

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 Apple and Pear Research 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.

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Winding up of the Apple and Pear Research Council
  4. 4Final Accounts of the Council
  5. 5Power to impose and recover charges and powers of the Secretary of State
  6. 6Surplus moneys and property
  7. 7Settlement of the Council’s debts and liabilities
  8. 8Revocation
  9. Signature
  10. Explanatory note

1Title and commencement

This Order may be cited as the Apple and Pear Research Council (Dissolution) Order 2003 and shall come into force on the day after the day on which it is made.

2Interpretation

In this Order—

  • “the Act” means the Industrial Organisation and Development Act 1947;

  • “the Council” means the Apple and Pear Research Council established under the provisions of the principal Order;

  • “the dissolution date” means 31st March 2003;

  • “the industry” has the meaning given to it by article 2(1) of the principal Order; and

  • “the principal Order” means the Apple and Pear Research Council Order 1989f1.

3Winding up of the Apple and Pear Research Council

(1)

On the dissolution date, the property, rights and liabilities which immediately before that date were property, rights and liabilities of the Council shall, by virtue of this article, vest in the Secretary of State and the Council shall be dissolved.

(2)

Any legal proceedings to which the Council was a party immediately before the dissolution of the Council may be continued after the dissolution by or in relation to the Secretary of State.

(3)

A requirement imposed by the Council under article 8 or 11(2) of the principal Order which remains unfulfilled on the dissolution date shall, as from that date, have effect as if the reference to the Council or any officer in relation to that requirement were a reference to the Secretary of State.

4Final Accounts of the Council

The Council shall prepare a statement of accounts for the period commencing on 1st April 2002 and ending on 30th March 2003 and shall deliver it to the Secretary of State on the dissolution date.

5Power to impose and recover charges and powers of the Secretary of State

(1)

If the assets of the Council are insufficient to meet its liabilities and the expenses of the winding up, the Secretary of State shall, for the purpose of making good the deficiency, have power after the Council’s dissolution to impose a charge or charges on those persons upon whom the Council immediately before its dissolution was entitled to impose a charge under article 9(1) of the principal Order.

(2)

The provisions of articles 9, 11 and 12 of the principal Order shall apply in relation to any such charge, subject to the omission of paragraph (1) of article 9 and the substitution for the reference in that article to the provisions of that paragraph, of a reference to paragraph (1) of this article and the substitution for references in that article to the Council, of references to the Secretary of State.

(3)

Charges imposed under paragraph (1) of this article shall be computed to yield, as near as possible, a sum equal to the amount by which the liabilities of the Council and the expenses of the winding up exceed the assets of the Council.

6Surplus moneys and property

The Secretary of State shall have power after the Council’s dissolution to pay or give, as the case may be, any moneys or property which she is satisfied are not, and will not be, required for the purposes of meeting the liabilities of the Council and the expenses of the winding up, to the Horticultural Development Councilf1, provided that those moneys or property are used solely for purposes connected with the industry.

7Settlement of the Council’s debts and liabilities

(1)

Subject to paragraph (2) below, every creditor shall notify the Secretary of State of each of his debts or claims against the Council within three months of the dissolution date and shall give the Secretary of State such further information relating to the debt or claim as she may reasonably require.

(2)

Paragraph (1) above shall not apply to any debt or claim which is the subject of any legal proceedings which have been commenced against the Council prior to the dissolution date.

(3)

Every creditor shall state in the notification given to the Secretary of State in accordance with paragraph (1) above the amount of the debt or claim or, where the debt or claim is subject to a contingency or is a claim for damages or bears no specific value, shall include in it as far as possible a just estimate of the debt or claim.

(4)

The Secretary of State may admit or reject each debt or claim notified to her in accordance with paragraph (1) above and shall notify the creditor in writing whether she admits or rejects it in whole or in part and, if she rejects it, shall state in the notification the grounds of the rejection.

8Revocation

The Apple and Pear Research Council Order 1989 is revoked with effect from the dissolution date.

Signature

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

2003

Signed on behalf of the National Assembly for Wales

Presiding Officer

2003

Explanatory note

(This note is not part of the Order)

This Order provides for the winding up and dissolution of the Apple and Pear Research Council (article 3), the preparation of final accounts of the Council (article 4) and the imposition and recovery of charges to meet the Council’s liabilities and the expenses of the winding up (article 5). It further provides for the application of surplus moneys and property of the Council for specified purposes (article 6), the procedure which is to apply to the settlement of the Council’s debts and liabilities (article 7), and the revocation of the Apple and Pear Research Council Order 1989 (article 8).