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

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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 which have been grown in the Republic of Poland during 2003 or subsequently. The Order requires persons who import such potatoes into Scotland on or after 27th June 2004 to give at least 48 hours prior written notice to an inspector authorised by the Scottish Ministers, providing specified information as to the landing and intended use of the potatoes (article 3(1)).

From the coming into force of this Order, any person importing such Polish potatoes into Scotland on or after 30th April 2004 but before 27th June 2004 must by 8th July 2004 provide specified information of a similar nature to an inspector (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, including the power to recover costs for failure to comply with the notice.

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)).

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