CONTINUING IN PART OF THAT MEMBER STATE A BODY HAVING THE CONSTITUTION AND/OR THE FUNCTIONS SET OUT IN UNITED KINGDOM S.I . 1966 NO 1579 AND/OR 1980 NO 623 ,
AND/OR
( II)REQUIRING PERSONS CARRYING ON BUSINESS IN THE APPLE AND PEAR GROWING INDUSTRY ( ' ' THE INDUSTRY ' ' ), AND ( A ) PRIOR TO 1 APRIL 1976 ( BUT AFTER 1 APRIL 1971 ) OCCUPYING LAND IN THAT PART OF THE MEMBER STATE OF FIVE ACRES OR MORE PLANTED WITH 50 OR MORE APPLE OR PEAR TREES AND/OR ( B ) AFTER 1 APRIL 1976 OCCUPYING LAND IN THAT PART OF THE MEMBER STATE OF TWO HECTARES OR MORE PLANTED WITH 50 OR MORE APPLE OR PEAR TREES , TO REGISTER WITH THE DEVELOPMENT COUNCIL AND MAKING IT A CRIMINAL OFFENCE TO FAIL TO APPLY TO BE SO REGISTERED ,
AND/OR
( III)PERMITTING THE DEVELOPMENT COUNCIL AFTER OBTAINING THE CONSENT OF THE MINISTER FOR AGRICULTURE , FISHERIES AND FOOD TO REQUIRE REGISTERED GROWERS TO FURNISH RETURNS AND INFORMATION RELATING TO ACTIVITIES CARRIED ON BY THEM AND COMPRISED IN THE INDUSTRY , AND MAKING IT A CRIMINAL OFFENCE TO FAIL TO FURNISH SUCH RETURNS OR INFORMATION ,
AND/OR
( IV)PERMITTING THE DEVELOPMENT COUNCIL TO LEVY UPON GROWERS LIABLE TO REGISTER A COMPULSORY ANNUAL CHARGE BASED UPON THE AREA OF LAND OCCUPIED BY THEM FOR THE PURPOSE OF BUSINESS IN THE INDUSTRY TO ENABLE THE DEVELOPMENT COUNCIL TO MEET THEIR ADMINISTRATIVE AND OTHER EXPENSES ,
AND/OR
( V)EXEMPTING FROM THE MEASURES GROWERS OCCUPYING LESS THAN TWO HECTARES OF LAND OR LAND PLANTED WITH LESS THAN 50 APPLE OR PEAR TRESS?
QUESTION 2
IF THE ANSWER TO THE WHOLE OR ANY PART OF QUESTION 1 WOULD OTHERWISE BE IN THE AFFIRMATIVE WOULD THE FACT ( IF ESTABLISHED ) THAT THE DEVELOPMENT COUNCIL WAS ESTABLISHED AND/OR CONTINUED WITH THE EXPRESS SUPPORT OF THOSE GROWERS RECORDED IN THE SURVEY REFERRED TO ABOVE ( IN THE ORDER FOR REFERENCE ) AS SUPPORTING THE CONTINUANCE OF THE DEVELOPMENT COUNCIL AND REPRESENTING THE PROPORTION OF LAND THEREIN REFERRED TO AND AFTER CONSULTATION WITH ORGANIZATIONS APPEARING TO BE REPRESENTATIVE OF NUMBERS OF PERSONS CARRYING ON BUSINESS OR EMPLOYED IN THE INDUSTRY AFFECT THAT ANSWER AND IF SO IN WHAT WAY?
QUESTION 3
IF ANY SUCH MEASURE AS IS DESCRIBED IN QUESTION 1 OR ANY PART OF SUCH A MEASURE IS INCOMPATIBLE WITH ANY ONE OR MORE OF THE PROVISIONS OF COMMUNITY LAW REFERRED TO IN QUESTION 1 , IS THE PROVISION OF COMMUNITY LAW WITH WHICH ANY SUCH MEASURE OR PART OF SUCH MEASURE IS INCOMPATIBLE OF DIRECT EFFECT WITHIN THE MEMBER STATES OF THE COMMUNITY SO AS TO CONFER UPON INDIVIDUALS COMMUNITY RIGHTS ENFORCEABLE IN THE COURT OF A MEMBER STATE , AND IF SO ,
( I ) IS THAT PROVISION OF COMMUNITY LAW CAPABLE OF BEING RAISED BY A GROWER AS A DEFENCE TO A CLAIM BY THE DEVELOPMENT COUNCIL FOR THE SAID ANNUAL CHARGE AND IF SO IS SUCH PROVISION OF