Regulation 19 Safeguard measures

England and Wales

(1)

Where a risk identified in Article 15 (safeguard clause) applies in relation to a fertiliser covered by that Article, the Secretary of State (in England) and the F1Welsh Ministers (in Wales), or both, may direct any person whom he or it considers to be in charge of the fertiliser to take such action to mitigate or eliminate the risk as is specified in the direction.

(2)

A direction shall be given by notice served on the person in question.

(3)

If the Secretary of State or, as the case may be, the Welsh Ministers, considers that—

(a)

the direction should be given to a number of persons; and

(b)

the most efficient way of bringing it quickly to their attention would be publicising it by other means,

the direction shall be given to them by publicising it by those other means.

(4)

Any person who fails to comply with a direction given under this regulation shall be guilty of an offence unless the direction has been withdrawn.

(5)

In any proceedings for an offence under paragraph (4) it shall be a defence for the person accused to show—

(a)

that he was not in charge of the fertiliser; or

(b)

that he was not aware of the direction.

Annotations

Textual amendments

F1: Words in reg. 19 substituted (15.3.2019) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 4(2)(c)