The Dutch Potatoes (Notification) (England) Order 2005
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The Secretary of State, in relation to England, in exercise of the powers conferred by sections 2, 3(1), (2)(b) and (4) and 4(1)(b) of the Plant Health Act 1967[1], and now vested in her[2], makes the following Order: Title, commencement, extent and application 1. - (1) This Order may be cited as the Dutch Potatoes (Notification) (England) Order 2005 and shall come into force on 7th March 2005. (2) This Order extends to England and Wales but applies only in relation to England. Interpretation 2. In this Order -
Notification of imports
(b) the proposed point of entry into England; (c) the intended use of the potatoes; (d) the proposed destination of the potatoes; (e) the variety of the potatoes; (f) the quantity of potatoes; and (g) the producer's identification number. (2) Any person who, after 1st September
2004 and before the coming into force of this Order, imported, in the
course of business, Dutch seed potatoes into England shall, so far is
as reasonably practicable and no later than 21st March 2005, give
written notification to an inspector of -
(b) the point of entry; (c) the intended use of the potatoes; (d) 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. Powers of an inspector
(b) for the purpose of exercising any of his powers under paragraph (4), and on production of his authority if so required, take the steps
in paragraph (3).
(b) to prohibit any such person from moving, treating or destroying the potatoes or any container or package. (4) For the purpose of checking compliance
with this Order, an inspector may, on production of his authority if
so required and at all reasonable times, enter any premises, other
than premises used wholly or mainly as a dwelling,
and -
(b) take samples of or from any potatoes or any container or package; and (c) inspect, make copies of or, for the purpose of making copies, remove any documents or records (in whatever form they may be held) relating to the production of or trade in any potatoes. (5) An inspector may, for the purpose of
exercising any of his powers under paragraph (4), open, or authorise
any person to open on his behalf, any container or package or require
the owner or any person in charge of any container or package to open
it, in such manner as the inspector may
specify.
(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require. Offences
(b) he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers under article 4. (2) A person guilty of an offence under
paragraph (1) shall be liable on summary conviction to a fine not
exceeding level 5 on the standard scale. (This note is not part of the Order) This Order, which comes into force on 7th March 2005, places certain notification requirements upon persons importing potatoes from the Netherlands which have been grown during 2004 or later. Article 3 requires any person importing Dutch potatoes, grown during 2004 or later, into England in the course of business to give at least two days' notice in writing to a Plant Health inspector of the Department for Environment, Food and Rural Affairs, providing specified details as to, among other things, when and where the potatoes are to be introduced into England (article 3(1)). It also requires persons who imported Dutch seed potatoes into England after 1st September 2004 but before the coming into force of this Order to provide to an inspector, so far as is reasonably practicable, specified information of a similar nature no later than 21st March 2005 (article 3(2)). Article 4 provides inspectors with powers, for the purpose of checking compliance with this Order or the Plant Health (Great Britain) Order 1993 ("the principal Order"), to require the movement of potatoes to any premises or to prohibit the movement, treatment or destruction of potatoes or any container or package. For the purposes of checking compliance with this Order, inspectors also have a power to enter premises in order to carry out examinations or inspections of certain items found there. These provisions are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order. Article 5 provides that a person shall be guilty of an offence if, without reasonable excuse, he contravenes or fails to comply with a requirement of article 3 or he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers under article 4. No Regulatory Impact Assessment has been prepared for this Order. Notes: [1] 1967 c. 8; section 1(2) of the Plant Health Act 1967 defines "competent authorities" for the purposes of the Act. Sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).back [2] Under 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 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. Under article 2(1) and (2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the remaining functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were transferred to the Secretary of State.back [3] 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 and 1999/2126 and 2726, 2001/2343, 2002/1067, 2003/1157 and 2004/2365.back
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