The Potatoes Originating in the Netherlands (Notification) (Wales) Order 2005
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The National Assembly for Wales, 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 it [2], makes the following Order: Title, commencement and application 1. - (1) The title of this Order is the Potatoes Originating in the Netherlands (Notification) (Wales) Order 2005. (2) This Order comes into force on 15 April 2005 and applies in relation to Wales. Interpretation 2. In this Order -
Notification of imports
(b) the proposed point of entry into Wales; (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 1 September 2004
and before the coming into force of this Order, imported, into Wales
in the course of business, relevant seed potatoes, must give, by no
later than 3 May 2005, in respect of such potatoes, written
notification to an inspector of -
(b) their point of entry into Wales; (c) their intended use; (d) their destination or proposed destination; (e) their variety; (f) the quantity imported; and (g) the producer's identification number. Powers of an inspector
(b) for the purpose of exercising any of his or her powers under paragraph (4), and on production of his or her authority to act if so required,
take the steps in paragraph (3).
(b) to prohibit any such person from moving, treating or destroying the relevant potatoes or suspected relevant potatoes or any container or package. (4) For the purpose of checking compliance
with this Order, an inspector may, on production of his or her
authority to act 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 or her powers under paragraph (4), open, or
authorise any person to open on his or her 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 or her such assistance as he or she may reasonably require. Offences
(b) he or she intentionally obstructs an inspector or any person authorised by an inspector in exercise of his or her 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 applies in relation to Wales and comes into force on 15 April 2005, places certain notification requirements upon persons importing into Wales potatoes originating from the Netherlands which have been grown during 2004 or later ("relevant potatoes"). Article 3 requires any person importing relevant potatoes into Wales in the course of business, to give at least two days' notice of such importation, in writing, to an authorised inspector of the National Assembly for Wales. Such persons are also required to furnish an inspector with certain other information concerning the importation including when and where the relevant potatoes are to be brought into Wales. (article 3(1)). Article 3 also requires persons who imported into Wales seed potatoes originating in the Netherlands ("relevant seed potatoes") after 1 September 2004 but before the coming into force of this Order, to provide to an authorised inspector specified information of a similar nature, by no later than 3 May 2005 (article 3(2)). Article 4 provides authorised inspectors with powers for the purpose of enforcing this Order and also ensuring compliance with the Plant Health (Great Britain) Order 1993 ("the principal Order"). These include the power to require the movement of relevant potatoes to any premises and also the power to prohibit the movement, treatment or destruction of such potatoes or any container or package (Article 4(3)(a) and (b). 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 (Article 4(4)). These powers are exerciseable by authorised inspectors without prejudice to powers conferred upon them by the principal Order. Article 5 provides that a person is guilty of an offence if, without reasonable excuse, he or she contravenes or fails to comply with a requirement of article 3 or he or she intentionally obstructs an authorised inspector or any person authorised by an inspector in exercise of his or her powers under article 4. No regulatory appraisal has been prepared in respect 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.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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