The Apple Orchard Grubbing Up Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations lay down the measures necessary to supervise and enforce in Great Britain the provisions of Council regulations (EEC) No 1200/90 on the improvement of the Community production of apples and Commission Regulation (EEC) No 2604/90, which contains detailed rules for the applications of the Council Regulation. The Council Regulation and the Commission Regulation provide for the payment of a premium to apple producers who grub up their orchards, and penalize, during the fifteen years following grubbing up, the planting of apple trees by the recipient of the premium on any part of his holding and by subsequent occupiers on the areas grubbed up. The premium is not available to producers of cider apples.

The present Regulations identify the Ministers responsible for receiving applications for premium (regulation 3), determine how orchard areas should be calculated (regulation 4), confer powers of entry and inspection on officers authorised by the Ministers (regulations 5 and 6), require that subsequent occupiers be notified of the penalty for planting apple trees (regulation 8) and provide, in conformity with Article 6(3) of the Commission Regulation, for recovery of premium from the recipient where there has been a breach of the rules of the scheme (regulation 9) and for payment of a fixed penalty for planting apple trees (regulation 10).

Regulation 11 creates an offence of making a false statement for the purpose of obtaining premium (punishable on summary conviction by a fine not exceeding level 5 on the standard scale— at present £2,000), regulation 12 creates offences of obstructing an authorised officer and failing to produce relevant documents (both punishable on summary conviction by a fine not exceeding level 3 on the standard scale— at present £400) and regulation 13 creates an offence of failing to notify a subsequent occupier of the penalty for planting apple trees (punishable on summary conviction by a fine not exceeding level 3 on the standard scale).