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The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984

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Amendment of Plant Health Act (Northern Ireland) 1967N.I.

15.—(1) The Plant Health Act (Northern Ireland) 1967F1 shall have effect subject to the following provisions of this Article.

(2) Sections 2(3), 3(2) to (5) and (4)(1)(a)(i) and (b) shall cease to have effect and after section 3A there shall be inserted the following section—

Matters which may be included in orders under this Act.

3B.(1) Without prejudice to the generality of sections 2 and 3, an order under this Act may—

(a)direct or authorise the removal, treatment or destruction of any crop, or any seed, plant or part of a seed or plant or any container, wrapping or other article or any substance which has on it, or is infected with, a pest or to or by means of which a pest is in the opinion of the Department likely to spread;

(b)direct or authorise the entry on any land or elsewhere for the purpose of any removal, treatment or destruction authorised by the order, or any examination or inquiry so authorised, or for any other purpose of the order;

(c)create offences and in particular may—

(i)prohibit the selling or exposing or offering for sale or the keeping of living specimens of a pest or the distribution in any manner of such speciments;

(ii)make it an offence to contravene a condition specified in a licence granted by the Department for the purpose of exempting a person from any prohibition or restriction imposed by the order;

(d)provide for offences against the order to be punishable on summary conviction by a fine not exceeding[F2 level 5 on the standard scale].

(2) Proceedings for an offence against an order under this Act may be instituted at any time within twelve months from the day on which the alleged offence was committed..

(3) In section 4(5) (expenses of Department under Act not to exceed £250 without consent of Department of Finance and Personnel) for “£250” there shall be substituted “ £3,000 ”.

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