The Dutch Potatoes (Notification) (England) Order 2005
UK Statutory Instrument 2005 No. 279 — creates 1 criminal offence.
- Made
- 9 February 2005
- In force from
- 7 March 2005
- Extent
- Not stated
- Subject
- Agriculture, plant health, food production and rural affairs
- Made under
- Plant Health Act 1967
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order, which comes into force on 7th March 2005, places certain notification requirements upon persons importing potatoes from the Netherlands which have been grown during 2004 or later. Article 3 requires any person importing Dutch potatoes, grown during 2004 or later, into England in the course of business to give at least two days' notice in writing to a Plant Health inspector of the Department for Environment, Food and Rural Affairs, providing specified details as to, among other things, when and where the potatoes are to be introduced into England (article 3(1)). It also requires persons who imported Dutch seed potatoes into England after 1st September 2004 but before the coming into force of this Order to provide to an inspector, so far as is reasonably practicable, specified information of a similar nature no later than 21st March 2005 (article 3(2)). Article 4 provides inspectors with powers, for the purpose of checking compliance with this Order or the Plant Health (Great Britain) Order 1993 (“the principal Order”), to require the movement of potatoes to any premises or to prohibit the movement, treatment or destruction of potatoes or any container or package. For the purposes of checking compliance with this Order, inspectors also have a power to enter premises in order to carry out examinations or inspections of certain items found there. These provisions are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order. Article 5 provides that a person shall be guilty of an offence if, without reasonable excuse, he contravenes or fails to comply with a requirement of article 3 or he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers under article 4. No Regulatory Impact Assessment has been prepared for this Order.
Offences created by this instrument
- A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him— a he… article 5(1) · Status not determined · Requires proof of a state of mind
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
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2005