# The Horticultural Development Council (Amendment) Order 2002 Draft 2002, ISBN 0110422791 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). ## Introductory text 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 2002 Coming into force 1st October 2002 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 1947, and now vested in them, and of all other powers enabling them in that behalf, with the consent of the Scottish Ministers, 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— ## 1 Title and commencement This Order may be cited as the Horticultural Development Council (Amendment) Order 2002 and shall come into force on 1st October 2002. ## 2 Interpretation 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 1986. ## 3 Amendment of the principal Order The principal Order shall be amended in accordance with the following provisions of this Order. ## 4 Amendment of the principal Order 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 Amendment of the principal Order 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 Amendment of the principal Order 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 Amendment of the principal Order 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.”. ## 8 Saving 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. ## Signature Parliamentary Under Secretary, Department for Environment, Food and Rural Affairs 2002 Signed on behalf of the National Assembly for Wales Presiding Officer 2002 We consent A member of the Scottish Executive 2002 ## Explanatory note (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. --- Source: https://www.legislation.gov.uk/ukdsi/2002/0110422791 (the official version) Page: https://openlegislation.uk/draft-horticultural-development-council-amendment-order-2002 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.