Regulation 5 Procedure for registration

(1)

A professional operator falling within the scope of regulation 4(1) must submit an application to the competent authority for registration.

(2)

The application for registration must include—

(a)

the name, address in Great Britain and contact details of the professional operator;

(b)

a statement concerning the intention of the professional operator to exercise the activity referred to in regulation 4(1)(a);

(c)

a statement concerning the intention of the professional operator to, where applicable, carry out the issuing of Northern Ireland plant health labels for plants for planting and other objects pursuant to regulation 9(1) (issuance of Northern Ireland plant health labels);

(d)

the address of the premises and, where applicable, the location of land plots used by the professional operator to—

(i)

issue Northern Ireland plant health labels; or

(ii)

grow seed potatoes for which Northern Ireland plant health labels may be issued by a competent authority.

(3)

The competent authority must register a professional operator without delay where the application for registration contains the information and statements set out in paragraph (2).

(4)

A professional operator who is registered under Article 65^f1 of the UK Plant Health Regulation does not need to include in their application for registration any information referred to in paragraph (2) where—

(a)

they have provided the information to the competent authority for the purposes of Article 65; and

(b)

that information remains correct.

(5)

A registered operator must, where relevant, submit annually an update concerning any change in the data referred to in paragraph (2)(d) and, where applicable, in regulation 10(3), or the statements referred to in paragraph (2)(b) and (c). That submission must take place by 30 April of each year with regard to the updating of the data of the preceding year.

(6)

An application for updating the data referred to in paragraph (2)(a) must be submitted no later than 30 days after the change in those data. Where paragraph (4) applies, a relevant application submitted under Article 66(5) of the UK Plant Health Regulation is deemed to constitute an application for the purposes of this paragraph.

(7)

Where the competent authority becomes aware that—

(a)

a registered operator no longer carries out the activities referred to in regulation 4(1), or

(b)

any of the statements or information submitted by that operator in accordance with regulation 5(2) or, where applicable, regulation 10(3), is no longer correct,

the competent authority must request the registered operator to correct the statements and information submitted by the operator, without delay or within a specified period of time.

(8)

Where the registered operator does not correct the statements or information referred to in paragraph (7) within the period of time set by the competent authority, the competent authority must, as appropriate, amend or revoke the registration of that operator.

Annotations

Footnotes

f1: Relevant amending instruments are: S.I. 2020/1482 and 2021/79.