Regulation 2 Amendment of the Potatoes Originating in Egypt Regulations 1998

The Potatoes Originating in Egypt Regulations 1998^f1 shall be amended in their application to Wales in accordance with paragraphs (2) to (4) below.

For regulation 5 (Powers of an Inspector) there shall be substituted:

“Powers of an Inspector

5

(1)

The Provisions of this regulation are without prejudice to the circumstances in which an inspector may by virtue of the Order exercise the powers conferred by the Order.

(2)

On having reasonable grounds for suspecting a contravention or likely contravention of regulation 3, an inspector may, for the purpose of these Regulations, exercise —

(a)

the power conferred by article 22(1) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt were a plant landed or likely to be landed in contravention of the Order; and

(b)

the power conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt kept on or moved from premises, or likely to be so, were a plant kept on or moved from the premises in contravention of the Order.

(3)

On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4, an inspector may, for the purpose of these Regulations, exercise the power conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt processed at any premises in breach of these Regulations were a plant kept on or moved from the premises in contravention of the Order.

(4)

An inspector may, for the purposes of checking compliance with these Regulations, exercise the powers conferred by article 25 of the Order, as if checking compliance with the Order.

(5)

Any notice served by virtue of this regulation in exercise of a power conferred by article 22(1) or (2) of the Order shall have effect as if served under article 22(1) or (2) of the Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1), (2) and (6) of the Order shall apply accordingly.

(6)

Any power conferred by article 25 of the Order which is exercised by virtue of this regulation shall be treated as if that power had been exercised under the Order, and the provisions of the Order (including article 33(1)(a) and (c), (2) and (6) (offences)) shall apply accordingly.”.

In paragraph (1) of regulation 5A (Charges in respect of the sampling of imports of potatoes) for “a fee of £35,” there shall be substituted “a fee of £37.50,”.

In the Schedule, under the column headed “Instrument”, after “Commission Decision 2000/568/EC”, there shall be added “Commission Decision 2001/664/EC”^f2, and under the column head “Reference”, after “OJ No. L238, 22.9.00, p.59”, there shall be added “OJ No. L233, 31.8.01. p.49”.