The Agriculture and Horticulture Development Board (Amendment) Order 2023

Amendment of Schedule 3 (levies)

7.—(1) Schedule 3 (levies) is amended as follows.

(2) In paragraph 3 (levy on cattle, sheep and pigs)—

(a) omit sub-paragraph (5);

(b) in sub-paragraph (6), for “the Board” substitute “the Agriculture and Horticulture Development Board”;

(c) after sub-paragraph (7), insert—

“(7A) The Board may reduce the levy that the slaughterer or exporter would otherwise be required to pay to the Board to cover the administrative costs of the slaughterer or exporter in administering the levy.”;

(d) in the table in sub-paragraph (8), in the second column (maximum rate of levy) of the entry relating to the levy category of sheep—

(i) in the first entry in that column (corresponding to a producer), for “0.60” substitute “0.75”;

(ii) in the second entry in that column (corresponding to a slaughterer), for “0.20” substitute “0.25”;

(iii) in the third entry in that column (corresponding to an exporter), for “0.20” substitute “0.25”.

(3) In paragraph 6 (payment of the levy by slaughterhouse occupiers), for “15 days from the end of that month” substitute “the period of 30 days beginning with the date on which the invoice for the levy is issued”.

(4) In paragraph 7(2) (returns and payment of the levy by exporters), for “on invoice” substitute “due for animals exported in that month within the period of 30 days beginning with the date on which the invoice for the levy is issued”.

(5) In paragraph 9 (levy on cereal and oilseed payable by buyers), for sub-paragraphs (3) and (4) substitute—

“(3) In the case of cereal—

(a) the levy consists of two parts, the cereal grower levy and the cereal buyer levy;

(b) the buyer must deduct the cereal grower levy from the price paid and hold it on trust for the Agriculture and Horticulture Development Board; and

(c) the Board may reduce the levy that the buyer would otherwise be required to pay to the Board to cover the administrative costs of the buyer in administering the levy.

(4) In the case of oilseed—

(a) the levy consists of the oilseed grower levy;

(b) the buyer must deduct the oilseed grower levy from the price paid and hold it on trust for the Board; and

(c) the Board may reduce the levy that the buyer would otherwise be required to pay to the Board to cover the administrative costs of the buyer in administering the levy.”.

(6) In paragraph 12 (returns: cereal and oilseed)—

(a) in the heading, at the end insert “and payment of the levy”;

(b) in sub-paragraphs (1) and (3), in each place that it occurs, for “levy” substitute “a levy”;

(c) for sub-paragraph (5) substitute—

“(5) In each case, the levy is payable to the Board within the period of 30 days beginning with the date on which the invoice for the levy is issued.”.

(7) For paragraph 21 (levies on milk) substitute—

“21.— (1) A person who buys milk from a producer or is a direct seller of milk must pay a levy.

(2) The levy consists of the milk producer levy.

(3) The levy is based on volume and the maximum levy is 0.08 pence per litre.

(4) In the case of a person who buys milk from a producer—

(a) the buyer must deduct the milk producer levy from the price paid and hold it on trust for the Agriculture and Horticulture Development Board; and

(b) the Board may reduce the levy that the buyer would otherwise be required to pay to the Board to cover the administrative costs of the buyer in administering the levy.

(5) In sub-paragraph (1), “direct seller of milk” means a milk producer who sells milk products or packaged milk made from milk produced on their own holding.”.

(8) In paragraph 22(3) (payment of the milk levy), for “on invoice” substitute “within the period of 30 days beginning with the date on which the invoice for the levy is issued”.