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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Potatoes Originating in Egypt (Scotland) Regulations 2004 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040111.html |
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| Made | 10th March 2004 | ||
| Laid before the Scottish Parliament | 10th March 2004 | ||
| Coming into force | 31st March 2004 |
(2) Unless the context otherwise requires, a reference in these Regulations to anything done in writing, including the service of a notice by virtue of regulation 5 below in exercise of a power conferred by article 22(1) or (2) of the Order, includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000[4] which has been recorded and is consequently capable of being reproduced.
(3) In these Regulations, references to provisions in the Order shall be interpreted in accordance with article 2(1) of that Order.
Imports of potatoes originating in Egypt
3.
- (1) No person shall import into Scotland any potatoes which that person knows or has reasonable cause to suspect originated in Egypt, unless those potatoes are accompanied by a phytosanitary certificate issued in accordance with the requirements of paragraph 1 of the Annex to the Decision.
(2) The requirement imposed by point 25.8 of Section 1 of Part A of Schedule 4 to the Order (an official statement that potatoes originate in areas where Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur) shall not apply to imports of potatoes originating in Egypt.
Approval of premises which process potatoes originating in Egypt
4.
- (1) Subject to paragraph (4), no person shall carry out in the course of business any treatment, including washing, of potatoes originating in Egypt other than in premises that the Scottish Ministers have approved in writing for that purpose.
(2) Applications for the approval required by paragraph (1) may be made in writing to the Scottish Ministers.
(3) The Scottish Ministers may suspend or revoke in writing any approval granted pursuant to paragraph (1).
(4) Paragraph (1) does not apply to the packing or preparation of potatoes in a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) for delivery to the final consumer.
Powers of an inspector
5.
- (1) The provisions of this regulation are without prejudice to the circumstances in which an inspector may by virtue of the Order exercise the powers conferred by that Order.
(2) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 3(1) above, an inspector may, for the purpose of these Regulations, exercise-
(3) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4(1) above, an inspector may, for the purpose of these Regulations, exercise the powers conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt was a plant kept or moved in contravention of the Order.
(4) Any notice served by virtue of this regulation in exercise of a power conferred by article 22(1) or (2) of the Order shall have effect as if served under article 22(1) or (2) of the Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1), (2) and (6) of the Order shall apply accordingly.
(5) An inspector may, for the purposes of checking compliance with these Regulations, exercise the powers conferred by article 25 of the Order, as if checking compliance with the Order.
(6) Any power conferred by article 25 of the Order which is exercised by virtue of this regulation shall be treated as if that power had been exercised under the Order, and articles 28 and 33(1)(a) and (c), (2) and (6) of the Order shall apply accordingly.
Charges in respect of the sampling of imports of potatoes
6.
- (1) Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of potatoes originating in Egypt in order to ascertain whether, for the purpose of paragraph 3 of the Annex to the Decision, those potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al., there shall be payable to the Scottish Ministers by the importer a fee of £37.50, unless that power has previously been exercised for that purpose in respect of other potatoes from the same basin or sector during the same growing year.
(2) In this regulation-
Offences
7.
- (1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on that person, they contravene or fail to comply with regulation 3(1) or 4(1) above.
(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.
Revocation
8.
The following Regulations are hereby revoked-
ALLAN WILSON
Authorised to sign by the Scottish Ministers
Pentland House, Edinburgh
10th March 2004
The Regulations also revoke the 2001 Regulations, together with the specified amending instrument, in consequence of their consolidation in these Regulations (regulation 8).
No Regulatory Impact Assessment has been carried out in respect of these Regulations.
[2] O.J. No. L 2 6.1.04, p.50.back
[3] S.I. 1993/1320; relevant amending instruments are S.I.1995/1358, 1998/2245 and S.S.I 1999/22.back
| © Crown copyright 2004 | Prepared 29 March 2004 |
