Welsh Statutory Instrument 2001 No. 3541 (W.288)

The Potatoes Originating in Germany, Notification (Wales) Order 2001

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"the principal Order" ("y prif Orchymyn") means the Plant Health (Great Britain) Order 1993[4],

"German potatoes" ("tatws Almaenaidd") has the meaning given to it in article 3(1);

"Germany" ("yr Almaen") means the Federal Republic of Germany;

"originating in Germany" ("sy'n deillio o'r Almaen") means grown in Germany during the year 2001 or subsequently;

"potato" ("taten") means any tuber or true seed or any other plant of solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.; and

"seed potato" ("taten hadyd") means any potato intended for planting.

    (2) A reference in this Order to a numbered article is a reference to the article so numbered in this Order unless otherwise stated.

Notification of imports
     3.  - (1) No person shall import into Wales German potatoes, that is to say, any potatoes which they know or have reasonable cause to suspect to have originated in Germany, unless they have given written notification to an inspector, at least two days prior to the intended date of introduction into Wales of the potatoes, of their intention to import the potatoes and of:

(a) the proposed time, date and means of introduction;

(b) the proposed point of entry into Wales;

(c) the intended use of the potatoes;

(d) in the case of seed potatoes or potatoes intended for processing, the proposed destination of the potatoes;

(e) the variety of the potatoes;

(f) the quantity of potatoes; and

(g) the producer's identification number or the reference number of the lot.

    (2) Any person who, after 30th September 2001 and before the coming into force of this Order, imported German potatoes into Wales shall, no later than 23rd November 2001 give written notification to an inspector of  - 

(a) the date potatoes were imported;

(b) the point of entry into Wales;

(c) the intended use of the potatoes;

(d) in the case of seed potatoes or potatoes intended for processing, the destination or proposed destination of the potatoes;

(e) the variety of the potatoes;

(f) the quantity of potatoes; and

(g) the producer's identification number or the reference number of the lot.

    (3) In this article, "processing" ("prosesu") means any industrial treatment, including grading, sorting, washing and packing, whether for retail sale or not.

Powers of an inspector
     4.  - (1) The provisions of this article are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.

    (2) On having reasonable grounds for suspecting a contravention or likely contravention of article 3, an inspector may, for the purposes of this Order, exercise  - 

(a) the power conferred by article 22(1) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a German potato were a plant landed or likely to be landed in contravention of the principal Order; and

(b) the power conferred by article 22(2) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a German potato kept on or moved from premises, or likely to be so, were a plant kept on or moved from the premises in contravention of the principal Order.

    (3) An inspector may, for the purposes of checking compliance with this Order, exercise the powers conferred by article 25(1)(a) to (c) and 25(2) of the principal Order, as if checking compliance with the principal Order.

    (4) Any notice served by virtue of this article in exercise of a power conferred by article 22(1) or (2) of the principal Order shall have effect as if served under article 22(1) or (2) of the principal Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1), (2) and (6) of the principal Order shall apply accordingly.

    (5) Any power conferred by article 25 of the principal Order which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 33(1)(a) and (c), (2) and (6) (offences)) shall apply accordingly.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]


Jane E. Hutt
Assembly Secretary

29th October 2001

[2] 1972 c.62.back

[3] Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister of Agriculture, Fisheries and Food. By virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 and the Agriculture (Miscellaneous Provisions) Act 1972 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under article 2(a) and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) these functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales.back

[4] S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245, 1999/2641 (W.8) and 2001/2500 (W.203).back

[5] 1998 c.38.back