The Potatoes Originating in Germany (Notification) (Scotland) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order, which extends to Scotland only, places certain notification requirements upon persons who import potatoes from Germany which have been grown during 2001 or subsequently. The Order requires persons who import such potatoes into Scotland on or after 18th October 2001 to give at least 48 hours prior written notice to an inspector authorised by the Scottish Ministers, providing specified information as to, for example, the landing and intended use of the potatoes (article 3(1)). Any person who has imported such potatoes into Scotland on or after 1st October 2001 but prior to 18th October 2001 must provide specified information of a similar nature to an inspector by 1st November 2001 (article 3(2)).

The Order provides that an inspector who has reasonable grounds for suspecting that article 3 of the Order has been or is likely to be contravened may exercise certain enforcement powers conferred by article 22 of the Plant Health (Great Britain) Order 1993 (“the principal Order”) (article 4(2)). Any notice served or power exercised under article 4 of this Order, where the power to do so is conferred by the principal Order, has the same effect as if served or exercised under the relevant article of the principal Order (articles 4(3) and (5)). Accordingly, once a notice is served or other power is exercised under article 4 of the Order, the relevant consequential provisions of the principal Order, including provisions as to offences, take effect.

An inspector may check that the provisions of the Order have been complied with by exercising certain powers conferred by article 25 (excluding article 25(1)(d)) of the principal Order (for example, by examining, sampling and marking premises) (article 4(4)).