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Article 46A Powers of inspectors relating to assimilated law or Protocol obligationsF1F7F8C1C2C3C4C5C6C7

Northern Ireland

(F21)

In addition to the powers conferred by Article 46, an inspector (on producing, if required to do so, some duly authenticated document showing his authority) may at all reasonable hours—

(F3a)

enter premises—

(i)

for the purpose of ascertaining whether any F4assimilated law within any order made under this Order has been or is being complied with;

(ii)

for the purpose of ascertaining whether any relevant Protocol obligation has been or is being complied with; or

(iii)

for the purpose of ascertaining whether any provisions of an order made under this Order which implement a relevant Protocol obligation have been or are being complied with, and

(b)

carry out such inspections (including documentary inspections) as may be necessary for F5any of those purposes.

F6(2)

In this Article—

  • “relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

  • “the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to sections 36 to 39 of Annex 2 to that Protocol;

  • “the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

Annotations

Textual amendments

F1

SR 1994/161

F2

Art. 46A renumbered as art. 46A(1) (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 3(4)

F3

Art. 46A(1)(a) substituted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 3(5)(a)

F4

Words in art. 46A(1)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 15

F5

Words in art. 46A(1)(b) substituted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 3(5)(b)

F6

Art. 46A(2) inserted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 3(6)

F7

Words in art. 46A heading substituted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 3(3)

F8

Words in art. 46A heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 15

Modifications

C1

Art. 46A applied (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. 2006/43), reg. 36(1)(b)

C2

Art. 46A applied (10.2.2007) by Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 (S.R. 2007/68), reg. 84(e) (with reg. 3)

C3

Art. 46A applied (10.2.2007) by Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007 (S.R. 2007/69), reg. 22(1)(d)

C4

Art. 46A applied (10.2.2007) by Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007 (S.R. 2007/70), reg. 18(d)

C5

Art. 46A applied (24.3.2007) by Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 (S.R. 2007/208), reg. 22(d)

C6

Art. 46A applied (14.8.2007) by Export Restrictions (Foot-and-Mouth Disease) Regulations (Northern Ireland) 2007 (S.R. 2007/357), reg. 13(3)(b)

C7

Art. 46A applied (30.6.2009) by Swine Vesicular Disease Regulations (Northern Ireland) 2009 (S.R. 2009/223), reg. 37(5)(b)