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The Potatoes Originating in Egypt Regulations (Northern Ireland) 2004

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Powers of an inspector

5.—(1) The provisions of this regulation are without prejudice to the circumstances in which an inspector may exercise the powers conferred by the Order.

(2) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 3, an inspector may, for the purpose of these Regulations, exercise –

(a)the power conferred by Article 22(1) of the Order as read with Article 24(1) to (3) of the Order, as if a potato originating in Egypt were a plant landed or likely to be landed in contravention of that Order; and

(b)the power conferred by Article 22(2) of the 1993 Order as read with Article 24(1) to (3) of that Order, as if a potato originating in Egypt kept on or moved from premises, or likely to be so, was a plant kept or moved in contravention of that Order.

(3) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4, an inspector may, for the purpose of these Regulations, exercise the powers conferred by Article 22(2) of the Order as read with Article 24 of that Order, as if a potato originating in Egypt processed at any premises in breach of these Regulations was a plant kept or moved in contravention of that Order.

(4) Any notice served by virtue of this regulation in exercise of a power conferred by Article 22(1) or (2) of the Order shall have effect as if served under Article 22(1) or (2) of that Order, and Articles 24(3), 26 to 28, 46(1) and (3) and 47(1)(a), (e) and (2), shall apply accordingly.

(5) An inspector may, for the purposes of checking compliance with these Regulations, exercise the powers conferred by Article 25 of the Order, as if checking compliance with that Order.

(6) Any power conferred by Article 25 of the Order which is exercised by virtue of this regulation shall be treated as if that power had been exercised under the Order, and the provisions of that Order (including Article 47(1)(a), (e) and (2)) shall apply accordingly.

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