[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Dutch Potatoes (Notification) Order (Northern Ireland) 2005 No. 296 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050296.html

[New search] [Help]

"the principal Order" means the Plant Health Order (Northern Ireland) 1993[7].

Notification of imports
     3. —(1) No person shall, in the course of business, import into Northern Ireland potatoes which he knows to be or has reasonable cause to suspect to be Dutch potatoes unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into Northern Ireland of the potatoes, of his intention to import the potatoes and of –

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

(b) the proposed point of entry into Northern Ireland;

(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 operation of this Order, imported, in the course of business, Dutch seed potatoes into Northern Ireland shall, so far is as reasonably practicable and no later than 20th July 2005, give written notification to an inspector of –

(a) the date the potatoes were imported;

(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
     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) If an inspector knows or has reasonable grounds for suspecting that any Dutch potatoes are likely to be, or have been, landed in Northern Ireland in contravention of Article 3(1), he may –

(a) for the purpose of checking compliance with the principal Order; or

(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).

    (3) The steps referred to in paragraph (2) are –

(a) to require any person, including any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which the potatoes are likely to be landed or have been landed, to move the potatoes to any premises; or

(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 and –

(a) examine, photograph or mark any part of the premises or any object on the premises, including any potatoes;

(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.

    (6) Where any such document or record as is mentioned in paragraph (4)(c) is kept by means of a computer, an inspector may –

(a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the document or record; and

(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
     5. —(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him –

(a) he contravenes or fails to comply with a requirement of Article 3; or

(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.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


14th June 2005.

L.S.

David Small
A senior officer of the Department of Agriculture and Rural Development

[2] As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s. 177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art. 15(2)back

[3] As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2back

[4] Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)back

[5] As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2 and S.I. 1984/702 (N.I. 2) Art. 15(2)back

[6] 1967 c. 28 (N.I.)back

[7] S.R. 1993 No. 256 as amended by S.R. 1994 No. 28, S.R. 1995 No. 164, No. 250 and No. 494, S.R. 1996 No. 204 and No. 249, S.R. 1997 No. 110 and No. 397, S.R. 1998 No. 16, No. 146 and No. 315, S.R. 1999 No. 24, S.R. 2000 No. 126, S.R. 2001 No. 188 and No. 437, S.R. 2002 No. 273, S.R. 2003 No. 235 and No. 458, and S.R. 2004 No. 415back

 © Crown copyright 2005