Regulation 16 Treatment of samplesI1

Northern Ireland

In any proceedings for an offence under these Regulations to which the content of a fertiliser is relevant—

(a)

a court shall not conclude that a sample is representative of the fertiliser unless—

(i)

the sample has been taken in accordance with Annex IV, and

(ii)

it has been subjected to analysis in accordance with Annex IV in a laboratory listed in accordance with Article 30(2) or (5);

(b)

a certificate given by a person that he is an inspector and took the sample in accordance with Annex IV shall, unless the contrary is proved, be taken as evidence of his being one and having done so;

(c)

a certificate given on behalf of a laboratory that it is authorised under Article F130 and that it analysed the sample in question in accordance with Annex IV shall, unless the contrary is proved, be evidence of it being so authorised and having done so; and

(d)

the combination of those certificates shall, unless the contrary is proved, be taken as evidence that the sample is representative of the fertiliser.

Annotations

Textual amendments

F1: Word in reg. 16(c) substituted (7.1.2019) by The Pesticides, Genetically Modified Organisms and Fertilisers (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/188), regs. 1(1), 8(4)

Commencement

I1: Reg. 16 in operation at 1.2.2007, see reg. 1

Notes on the whole SR

Textual amendments

F1: Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10