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Regulation 11 Powers of inspectorsI1

England, Wales and Scotland

(1)

An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is governed by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.

(2)

An inspector on entering any premises under paragraph (1) above may take with him F1F2representatives of the European Commission and such other such persons as he considers to be necessary.

(3)

An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may—

(a)

take any plant material or sample from any plant material and sent it for analysis;

(b)

require the production of any relevant records, lists and other documents;

(c)

inspect any relevant records, lists and other documents;

(d)

take any relevant records, lists and other documents for copying.

(4)

An inspector may by notice in writing served on a supplier in respect of any plant material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of regulation F35(1)(a) to (ac) F45(1)(a) to (c) require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the plant material until the supplier has carried out such reasonable measures as the notice may specify.

Annotations

Textual amendments

F1

Word in reg. 11(2) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 4(5); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in reg. 11(2) omitted (S.) (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 10(5); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 11(4) substituted: (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 2(7); and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 2(7)

F4

Words in reg. 11(4) substituted (S.) (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 3(6)

Commencement

I1

Reg. 11 in force at 1.12.1995, see reg. 1(1)