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The Potatoes Originating in Poland (Notification) (Scotland) Order 2004

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4.—(1) The provisions of this article are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.

(2) On having reasonable grounds for suspecting a contravention or likely contravention of article 3 above, an inspector may, for the purpose of this Order, exercise–

(a)the powers conferred by article 22(1) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a Polish potato was a plant landed or likely to be landed in contravention of the principal Order; and

(b)the powers conferred by article 22(2) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a Polish potato was a plant kept or moved in contravention of the principal Order.

(3) Any notice served by virtue of this article in exercise of a power conferred by article 22(1) or (2) of the principal Order shall have effect as if served under article 22(1) or (2) of the principal Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1), (2) and (6) of the principal Order shall apply accordingly.

(4) An inspector may, for the purposes of checking compliance with this Order, exercise the powers conferred by article 25(1)(a) to (c) and 25(2) of the principal Order, as if checking compliance with the principal Order.

(5) Any power conferred by article 25 of the principal Order which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and articles 28 and 33(1)(a) and (c), (2) and (6) of the principal Order shall apply accordingly.

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