INDUSTRIAL ORGANISATION AND DEVELOPMENT 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 . 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)– a immediately after the definition of “the Act” there shall be inserted the following definition– “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; ; b the definition of “first point of sale” shall be deleted; c immediately after the definition of “the Ministers” there shall be inserted the following definition– “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; ; d for the definition of “processing” there shall be substituted the following definition– “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; ; e immediately after the definition of “producers' co-operative” there shall be inserted the following definition– “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– a catering establishment, or a retail seller of potatoes; . 4 In article 6 (register of producers and first purchasers)– a in paragraph (2), immediately after the words “first purchasers” there shall be inserted the words “and subsequent purchasers”; b in paragraph (3), immediately after the word “Order” there shall be inserted the following words– or who is a subsequent purchaser at the time of coming into force of the Potato Industry Development Council (Amendment) Order 1999 ; ; c in paragraph (5), immediately after the words “first purchaser” there shall be inserted the words “or subsequent purchaser”. 5 In article 7 (registration of producers and first purchasers)– a in paragraph (1), immediately after the words “comes into force” there shall be inserted the following words– , or as a subsequent purchaser at the time at which the Potato Industry Development Council (Amendment) Order 1999 comes into force, ; b in paragraph (2), immediately after the words “comes into force” there shall be inserted the following words– , or as a subsequent purchaser after the Potato Industry Development Council (Amendment) Order 1999 comes into force, ; c in both paragraphs (3) and (4), immediately after the words “first purchaser” there shall be inserted the words “or subsequent purchaser”. 6 In article 8 (returns and information)– a in paragraph (2), immediately after the words “first purchaser” there shall be inserted the words “and each subsequent purchaser”; b in paragraph (4)– i in sub-paragraph (e), for the word “shall”, and ii in sub-paragraph (f)(ii), for the word “will”, there shall be substituted the words “may, if the Council so decides,”; c in paragraph (5)– i immediately after the words “first purchaser”, in each place where it occurs, there shall be inserted the words “or, as the case may be, subsequent purchaser”; ii in sub-paragraph (f), for the word “shall” there shall be substituted the words “may, if the Council so decides,”; iii in sub-paragraph (g)– aa for the word “producer” there shall be substituted the words “first purchaser or, as the case may be, subsequent purchaser”, and bb in paragraph (ii), for the word “will” there shall be substituted the words “may, if the Council so decides”. 7 In article 9 (charges for expenses)– a in paragraph (1), for the words “or a first purchaser or both” there shall be substituted the following words– , as a first purchaser or as a subsequent purchaser, or as both a producer and either a first purchaser or a subsequent purchaser ; b for paragraph (4) there shall be substituted the following paragraph– 4 Any 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, shall pay a charge per tonne at the point of sale not exceeding 25p per tonne. ; c in paragraph (5)(b), immediately after the words “first purchasers” there shall be inserted the words “and subsequent purchasers”; d paragraph (7) shall be deleted; e in paragraph (8)(b), immediately after the words “first purchaser” there shall be inserted the words “or as a subsequent purchaser”. 8 Immediately after article 12 there shall be inserted the following article– Evidence 13 For the purpose of any proceedings arising under this Order, a document in whatever form, purporting to be issued by the Ministers, and confirming that they have given any approval or consent required by this Order shall be– a treated as having been so issued unless the contrary is proved; and b evidence, and in Scotland sufficient evidence, of the giving of such approval or consent. . 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