UK Offence Report

The Potatoes Originating in the Netherlands (Notification) (Wales) Order 2005

Welsh Statutory Instrument 2005 No. 1162 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
13 April 2005
In force from
15 April 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 applies in relation to Wales and comes into force on 15 April 2005, places certain notification requirements upon persons importing into Wales potatoes originating from the Netherlands which have been grown during 2004 or later (“relevant potatoes”). Article 3 requires any person importing relevant potatoes into Wales in the course of business, to give at least two days' notice of such importation, in writing, to an authorised inspector of the National Assembly for Wales. Such persons are also required to furnish an inspector with certain other information concerning the importation including when and where the relevant potatoes are to be brought into Wales. (article 3(1)). Article 3 also requires persons who imported into Wales seed potatoes originating in the Netherlands (“relevant seed potatoes”) after 1 September 2004 but before the coming into force of this Order, to provide to an authorised inspector specified information of a similar nature, by no later than 3 May 2005 (article 3(2)). Article 4 provides authorised inspectors with powers for the purpose of enforcing this Order and also ensuring compliance with the Plant Health (Great Britain) Order 1993 (“the principal Order”). These include the power to require the movement of relevant potatoes to any premises and also the power to prohibit the movement, treatment or destruction of such potatoes or any container or package (Article 4(3)(a) and (b). 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 (Article 4(4)). These powers are exerciseable by authorised inspectors without prejudice to powers conferred upon them by the principal Order. Article 5 provides that a person is guilty of an offence if, without reasonable excuse, he or she contravenes or fails to comply with a requirement of article 3 or he or she intentionally obstructs an authorised inspector or any person authorised by an inspector in exercise of his or her powers under article 4. No regulatory appraisal has been prepared in respect this Order.

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.

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