The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

Northern Ireland Statutory Rule 2020 No. 293 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 30 November 2020
In force from: 23 December 2020
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Commission Regulation (EC) No 690/2008, European Communities Act 1972, Schedule 2 to, the 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 largely revoke and replace the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019. They also revoke regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Provisions) Regulations (Northern Ireland) 2019. The Regulations give effect to— a Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants (O.J. No. L 317, 23.11.2016, p. 4), amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council (“the EU Plant Health Regulation”); and b Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, in so far as it applies to the rules referred to in Article 1(2)(g) (O.J. No. L 95, 7.4.2017, p. 1) (“the official Controls Regulation”). The Regulations also implement in relation to Northern Ireland— a Council Directive 69/464/EEC on control of Potato Wart Disease (O.J. No. L 323, 24.12.1969, p. 1); b Council Directive 93/85/EEC on the control of potato ring rot (O.J. No. L 259, 18.10.1993, p. 1); c Council Directive 98/57/EC on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (O.J. No. L 235, 21.8.1998, p. 1); and d Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC (O.J. No. L 156, 16.6.2007, p. 12). Part 1 is introductory and includes definitions. Regulation 3(2) provides for references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants (O.J. No. L 319, 10.12.2019, p. 1), and to the European Union instruments listed in regulation 3(1), to be read as references to those instruments as amended from time to time. Part 2, regulation 6 designates the Department of Agriculture, Environment and Rural Affairs as the competent authority in Northern Ireland. Part 3 makes further provision in relation to consignments of plants, plant products and other objects from third countries which are subject to official controls on their entry into the European Union. Part 4 contains powers to enable plant health inspectors appointed by the Department and the Department to take measures to prevent the establishment or spread of harmful plant pests in Northern Ireland. Part 5 and Schedule 1— a impose additional emergency measures to prevent the establishment or spread of certain harmful plant pests in Northern Ireland; b prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants, plant products or other objects from third countries into Northern Ireland; and c prohibit, or impose additional phytosanitary conditions on, the introduction of certain plants from the Union territory, other than the United Kingdom, into Northern Ireland. Part 6 makes further provision in relation to the registration of professional operators and the granting of authorisations to professional operators by the Department. Part 7 and Schedule 2 impose additional requirements in relation to certain solanaceous species (potatoes and tomatoes) to implement the Directives mentioned above. Part 8 imposes additional notification requirements in respect of certain plants and plant products which are to be brought into Northern Ireland from Great Britain, other member States, Switzerland or third countries. Part 9 sets out general powers of plant health inspectors to enable them to perform official controls and other official activities, and enforce the EU Plant Health Regulation, the Official Controls Regulation and these Regulations. Regulation 35 provides for recovery of expenses incurred by the Department and regulation 38 provides for a right of appeal against certain decisions of the Department. Part 10 contains general and supplemental provisions in relation to notices given by plant health inspectors. Part 11 contains offences for non-compliance with specified provisions of the EU Plant Health Regulation, the Official Controls Regulation and other EU instruments and offences in relation to these Regulations. Regulation 51 sets out the penalties for these offences. Parts 12 and 13 provide for minor consequential amendments to secondary legislation, revocations and saving provisions. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Offences created by this instrument

General regulation 40(1) · Status not determined · Strict liability
Failure to comply with requirements of notices etc regulation 41 · Status not determined · Strict liability
Provision of false or misleading information regulation 43 · Status not determined · Requires proof of a state of mind
Improper use of plant passports or certificates regulation 44(1) · Status not determined · Requires proof of a state of mind
Obstruction regulation 45(1) · Status not determined · Requires proof of a state of mind
A person commits an offence if the person discloses any information received from the Commissioners for Her Majesty’s… regulation 46 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026 Commons · General Committees · 2 September 2026 · Jim Allister (North Antrim) (TUV)
Thank you, Sir Alec; I can do that by taking the Committee precisely to the words of the regulations. Here we are, a Committee of the Parliament of the United Kingdom, supposedly, of Great Britain and Northern Ireland, yet the Committee has been invited to write into six separate regulations affecting these issues in Northern Ireland a declaration to the effect that Northern Ireland is not really part of the United Kingdom, and in fact is someone else’s territory. If anyone is interested, I invite them to look at page 17 of the regulations. Things can be found in numerous places, but on page…
Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026 Lords · Lords Chamber · 8 September 2026 · Lord Dodds of Duncairn (DUP)
My Lords, I thank the Minister for introducing the regulations. Once again, we are debating regulations which may appear on the surface to be technical and limited in scope, but, as we know, such regulations raise issues of real constitutional and democratic significance and importance. No one here tonight is going to argue against high standards of plant health or biosecurity. Of course we need effective protection against pests and disease, and Northern Ireland farmers and growers deserve robust safeguards. The question is not whether we should have these high standards; it is who decides…
Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026 Lords · Lords Chamber · 8 September 2026 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, this instrument extends to Northern Ireland only and is being brought through Westminster, working closely with the Department of Agriculture, Environment and Rural Affairs, or DAERA. The Government note the regret amendment tabled by the noble Lord, Lord Dodds of Duncairn, which raises concerns about the implementation of EU-derived plant health and seed legislation in Northern Ireland without public consultation and about the broader implications of the Windsor Framework. This is a necessary measure to update Northern Ireland’s domestic legislation and plant health enforcement…

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