UK Offence Report

The Potatoes Originating in Egypt Regulations (Northern Ireland) 2004 (revoked)

Northern Ireland Statutory Rule 2004 No. 183 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
19 April 2004
In force from
11 May 2004
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations.) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations consolidate with amendments the Potatoes Originating in Egypt Regulations (Northern Ireland) 1998 (“the 1998 Regulations”). The Regulations implement Commission Decision 2004/4/EC authorising Member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith (now referred to as Ralstonia solanacearum (Smith) Yabuuchi et al.) as regards Egypt. The Decision consolidates and repeals Commission Decision 96/301/EC (as amended). The Regulations – add Commission Decision 2004/4/EC to the list of instruments amending Commission Decision 96/301/EC (Regulation 2(1)); prohibit the import into Northern Ireland of potatoes which the importer knows or has reasonable cause to suspect originate in Egypt, unless those potatoes are accompanied by a phytosanitary certificate issued in accordance with the requirements of paragraph 1 of the Annex to Commission Decision 2004/4/EC (Regulation 3(1)); require potatoes originating in Egypt to be processed only in plants approved by the Department for that purpose (Regulation 4); provide that an inspector, who has reasonable grounds for suspecting that regulation 3(1) or 4 has been or is likely to be contravened, may exercise certain enforcement power conferred by Article 22 of the Plant Health (Northern Ireland) Order 1993 (“the Order”) (Regulation 5); provide that any notice served or power exercised under regulation 5, where the power to do so is conferred by the Order, has the same effect as if served or exercised under the relevant article of the Order (Regulation 5(5) and (6)). Accordingly, once a notice is served or other power is exercised under Regulation 5, the relevant consequential provisions of the Order, including provisions as to offences take effect; permit an inspector to check that the provisions of the Regulations have been complied with by exercising certain powers conferred by Article 25 of the Order (Regulation 5(4)); set a fee of £37·50 where a sample of potatoes is taken for the purpose of ascertaining whether the potatoes are infected with Ralstonia solanacearum (Smith) Yabuuchi et al.; and provide that a person who contravenes or fails to comply with Regulation 3(1) or 4(1) is liable on summary conviction to a fine. (Regulation 7). The Regulations also revoke the Potatoes Originating in Egypt Regulations (Northern Ireland) 1998 as amended. (Regulation 8).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source