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Paragraph 5 Revocation of pesticide approval

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Ministers shall, at the same time as they notify a pesticide approval holder of a decision mentioned in paragraph 3 or 4(2) above, revoke the pesticide approval.

(2)

The Ministers may, if any pesticide approval holder fails to comply with a notification given under paragraph 4(1) or (3) above, revoke the pesticide approval.

(3)

Where the Ministers revoke a pesticide approval under sub-paragraph (1) or (2) above, they may revoke that approval—

(a)

completely;

(b)

in the manner specified in sub-paragraph (4) below; or

(c)

in the manner specified in sub-paragraph (5) below.

(4)

When revoking an approval in the manner mentioned in paragraph (b) of sub-paragraph (3) above, the Ministers shall—

(a)

subject to sub-paragraph (b) below, revoke that approval in so far as it authorises the advertisement, sale, storage, supply and use of that product; and

(b)

in the form of a provisional approval granted under regulation 5 of the 1986 Regulations for a period not exceeding two years commencing with the date of that revocation, authorise—

(i)

the storage of that product by any person; and

(ii)

the advertisement, sale, supply and use of that product by any person other than the pesticide approval holder or the pesticide approval holder’s employees or agents.

(5)

When revoking an approval in the manner mentioned in paragraph (c) of sub-paragraph (3) above, the Ministers shall—

(a)

subject to sub-paragraphs (b) and (c) below, revoke that approval in so far as it authorises the advertisement, sale, supply, storage and use of that product;

(b)

in the form of a provisional approval granted under regulation 5 of the 1986 Regulations for a period not exceeding one year commencing with the date of that revocation, authorise the advertisement, sale, storage, supply and use of that product by any person; and

(c)

in the form of a provisional approval granted under regulation 5 of the 1986 Regulations for a period, not exceeding two years following the end of the period of provisional approval granted under sub-paragraph (b) above, authorise—

(i)

the storage of that product by any person; and

(ii)

the advertisement, sale, supply and use of that product by any person other than the pesticide approval holder or the pesticide approval holder’s employees or agents.