Statutory Instrument 1999 No. 1413

The Potato Industry Development Council (Amendment) Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 1413

INDUSTRIAL ORGANISATION AND DEVELOPMENT

The Potato Industry Development Council (Amendment) Order 1999

Approved by both Houses of Parliament

	Made	24th May 1999
	Coming into force	1st July 1999

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 1, 4 and 8 of the Industrial Organisation and Development Act 1947[1], and now vested in them[2], and of all other powers enabling them in that behalf, after consultation in accordance with section 8(1) of the said Act with the British Potato 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 potato industry and with such organisations representative of persons employed in the 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 the 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-

Title, commencement and interpretation
    1. - (1) This Order may be cited as the Potato Industry Development Council (Amendment) Order 1999 and shall come into force on 1st July 1999.

    (2) In this Order "the principal Order" means the Potato Industry Development Council Order 1997[3].

Amendment of the principal Order
    2.The principal Order shall be amended in accordance with articles 3 to 8 of this Order.

    3.In article 2 (interpretation), in paragraph (1)-

" "catering establishment" means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;";

" "point of sale" means the point at which a person carrying on business in the industry takes delivery of potatoes, with or without the exchange of monies, either as a first purchaser or as a subsequent purchaser;";

" "processing", in relation to raw potatoes, means an operation carried out upon raw potatoes which includes peeling, slicing, heating, pasteurising, canning, freezing, drying, or any other similar operation which alters the raw potatoes, and "processed" and "processes" shall be construed accordingly;";

" "subsequent purchaser" means a person, not being a first purchaser, who would be a first purchaser of raw potatoes if the words "where those potatoes have not previously been sold or delivered to an agent" were omitted from the definition of "first purchaser", but does not include-

4.In article 6 (register of producers and first purchasers)-

" or who is a subsequent purchaser at the time of coming into force of the Potato Industry Development Council (Amendment) Order 1999[4];";

5.In article 7 (registration of producers and first purchasers)-

" , or as a subsequent purchaser at the time at which the Potato Industry Development Council (Amendment) Order 1999 comes into force,";

" , or as a subsequent purchaser after the Potato Industry Development Council (Amendment) Order 1999 comes into force,";

6.In article 8 (returns and information)-

there shall be substituted the words "may, if the Council so decides,";

(c) in paragraph (5)-

7.In article 9 (charges for expenses)-

" , as a first purchaser or as a subsequent purchaser, or as both a producer and either a first purchaser or a subsequent purchaser";

8.Immediately after article 12 there shall be inserted the following article-

Evidence

13.

Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

19th May 1999

Sewel
Parliamentary Under Secretary of State, Scottish Office

19th May 1999

Signed by authority of the Secretary of State for Wales

Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office

24th May 1999

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which comes into force on 1st July 1999, amends the Potato Industry Development Council Order 1997 (S.I. 1997/266) ("the principal Order"). The principal Order established a development council ("the Council") for the potato industry in Great Britain. The Council's functions include the keeping of a register of producers and first purchasers, the receipt of annual returns from producers and first purchasers, and the levying of certain charges upon producers and first purchasers.

The main change effected by the present Order is to extend the obligations and responsibilities of first purchasers under the principal Order to anyone now qualifying as a "subsequent purchaser" (articles 4, 5, 6 and 7). For this purpose a subsequent purchaser is anyone carrying on business in the potato industry who buys in a year at least 100 tonnes of raw potatoes where those potatoes have previously been sold or delivered to an agent, but does not include either a catering establishment or a retail seller of potatoes (article 3). In addition, this Order introduces an evidential presumption of the validity of an approval or consent given by Ministers for the purposes of the principal Order where there is certain documentary confirmation that it was given by them (article 8).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

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] By virtue of S.I. 1955/554, 1978/272.back

[3] S.I. 1997/266.back

[4] S.I. 1999/1413.back

ISBN 0 11 082761 9

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