{
  "url": "https://openlegislation.uk/seed-potatoes-regulations-northern-ireland-2016/schedule-5/paragraph-3",
  "json_url": "https://openlegislation.uk/seed-potatoes-regulations-northern-ireland-2016/schedule-5/paragraph-3.json",
  "legislation": "nisr/2016/190",
  "legislation_title": "The Seed Potatoes Regulations (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/seed-potatoes-regulations-northern-ireland-2016",
  "path": "schedule/5/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "No authorisation shall be issued unless the Department is satisfied that—\n(a) the seed potatoes are of a variety for which an application has been made under regulation 4(1)(a) of the NI Variety Lists Regulations for acceptance of the variety concerned on to a NI Variety List and that application has not been withdrawn or finally determined;\n(b) the land on which the seed potatoes are growing or were grown—\n(i) is not land in respect of which a notice has been served under regulation 15(2) to the Plant Health Official Controls Regulations with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and\n(ii) is not land within a zone demarcated under regulation 17(2) to the Plant Health Official Controls Regulations to prevent the spread of Brown Rot;\n(c) the land on which the seed potatoes are growing—\n(i) is land which as a result of a soil test carried out by the Department prior to the planting of the crop has been found not to be contaminated by Potato Cyst Nematode; and\n(ii) is not demarcated under Part 4 to Schedule 2 to the Plant Health Official Controls Regulations .\n(d) the seed potatoes are taken from a crop of seed potatoes free from Potato Cyst Nematode, Wart Disease, Ring Rot and Brown Rot; and\n(e) the seed potatoes fulfil the conditions for UK grade E specified in column 3 of Table 2 in Schedule 4.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 5 para. 3(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(h)(ii)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 5 para. 3(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(h)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 5 para. 3(b)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(5)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 5 para. 3(b)(i) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(a)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 5 para. 3(b)(ii) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(5)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 5 para. 3(b)(ii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 5 para. 3(c)(ii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in Sch. 5 para. 3(e) substituted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 24; 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word substituted",
      "affecting": "uksi/2026/1030",
      "affecting_title": "The Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2016/190/schedule/5/paragraph/3",
    "retrieved_at": "2026-10-29T00:56:47.729828+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}