Title, commencement and interpretation

1. —(1) This Order may be cited as the Potato Industry Development Council (Amendment) Order 2002 and shall come into force on 1st January 2003.

(2) In this Order “the principal Order” means the Potato Industry Development Council Order 1997( 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)—

(a) in the definition of “first purchaser”, there shall be substituted for the number “100” the number “1000”;

(b) in the definition of “producer”, there shall be substituted for the words “one hectare” the words “three hectares”.

4. In article 6 (register of producers and first purchasers), for paragraph (6) there shall be substituted the following paragraph—

“ (6) The Council may enter on the register, in addition to the name and address of any registered person—

(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 person is a company, the names and addresses of any directors of the company,

but no other information. ”

5. In article 8 (returns and information)—

(a) in paragraph (1), there shall be substituted for the words “15th May” the words “1st June”;

(b) in paragraph (4)(b), there shall be substituted for the words “the Potato Marketing Board’s previous records,” the words “the Council’s previous records and any other information which is available to the Council,”;

(c) there shall be substituted for sub-paragraph (c) of paragraph (4) the following sub-paragraph—

“ (c) the Council shall then give the producer notice—

(i) that it has made such an estimate and the amount of it, and

(ii) that the amount of the estimate increased by up to 10% may, if the producer fails to make a return within 28 days of the date of the notice, be treated as his return for the relevant year; ” ;

(d) in paragraph (4)(e), there shall be substituted for the words “the estimate” the words “the amount of the estimate increased by up to 10%”;

(e) in paragraph (4)(f)(ii), there shall be substituted for the words “that estimate” the words “the amount of the estimate increased by up to 10%”;

(f) in paragraph (5)(c), there shall be substituted for the words “the Potato Marketing Board” the words “the Council”;

(g) there shall be substituted for sub-paragraph (d) of paragraph (5) the following sub-paragraph—

“ (d) the Council shall then give the first purchaser or, as the case may be, subsequent purchaser notice—

(i) that it has made such an estimate and the amount of it, and

(ii) that the amount of the estimate increased by up to 10% may, if the first purchaser or, as the case may be, subsequent purchaser fails to make a return within 28 days of the date of the notice, be treated as his return for the relevant year; ” ;

(h) in paragraph (5)(f), there shall be substituted for the words “the estimate” the words “the amount of the estimate increased by up to 10%”;

(i) in paragraph (5)(g)(ii), there shall be substituted for the words “that estimate” the words “the amount of the estimate increased by up to 10%”.

6. In article 9 (charges for expenses)—

(a) there shall be substituted for paragraph (3) the following paragraph—

“ (3) Any charge imposed under this article shall not exceed—

(a) in the case of producers, £50 per hectare of land used to grow potatoes, and

(b) in the case of a first purchaser who buys or takes delivery of potatoes or any subsequent purchaser who buys or takes delivery of raw potatoes, in either case for human consumption, 25p per tonne at the point of sale. ” ;

(b) paragraph (4) shall be deleted;

(c) in paragraph (5), there shall be substituted for the words “Payment of the charges referred to in this article” the words “Payment of any charge imposed under paragraph (1)”, and in sub-paragraph (a) there shall be substituted for the word “November” the word “December”;

(d) there shall be substituted for paragraph (8) the following paragraph—

“ (8) A producer/merchant shall be regarded for the purposes of this article—

(a) as a producer, in respect of potatoes which he has grown himself, (and the next person who buys or takes delivery from him shall be regarded for these purposes as the first purchaser of those potatoes); and

(b) as a first purchaser or subsequent purchaser, in respect of potatoes which he has acquired as such. ” ;

(e) there shall be substituted for paragraph (9) the following paragraph—

“ (9) Where seed potatoes are sold to a producer for the purposes of planting, the producer shall be regarded for the purposes of this article as a producer in respect of those potatoes, and, subject to paragraph (9A), no other charge shall be paid on seed potatoes at any stage. ” ;

(f) after paragraph (9) there shall be inserted the following paragraphs—

“ (9A) The Council may, for the purposes referred to in paragraph (1) and with the approval of the Ministers, impose on any person who has failed to pay a charge or any part of a charge imposed under paragraph (1) (“the former charge”) by the date or dates on which payment is due in accordance with paragraph (5) (“the original due date”), a new higher charge in substitution for the former charge, at such rate as the Council considers from time to time to be appropriate.

(9B) Any new charge imposed under paragraph (9A) shall become due on the day immediately following the original due date. ” .

Saving

7. 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 relation to—

(a) in the case of producers, any charge payable in respect of any period ending on or before 31st December 2002, and

(b) in the case of first purchasers and subsequent purchasers, any charge payable in respect of any period ending on or before 30th June 2003.