
1 
This Order may be cited as the Horticultural Development Council (Amendment) Order 2002 and shall come into force on 1st October 2002.
2 
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 
The principal Order shall be amended in accordance with the following provisions of this Order.
4 
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 
For article 2(2) of the principal Order there shall be substituted the following paragraph—“
(2) 

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

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 
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 
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. ”—“HERBSAll species of herbs.”.
8 
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.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
28th June 2002Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
27th June 2002We consent
Ross Finnie
A member of the Scottish Executive
26th June 2002