The Plant Health (Potatoes) (Scotland) Amendment Order 2010

Amendment of article 8

7.  In article 8 (failure to comply with notices)—

(a) for paragraph (1) substitute—

“(1) If any person fails to comply with a notice served or deemed to be served on that person under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, after giving the potato grower or occupier of the premises reasonable notice of the inspector’s intention and upon production of the inspector’s authority, enter the premises where the crop, potatoes, soil or waste material is located, or where documents or records pertaining to the crop, potatoes, soil or waste material are located, and take such steps as appear necessary to the inspector to ensure compliance with the requirements of the notice.

(1A) If it appears necessary to the inspector to inspect any document or record kept by means of a computer, then an inspector may have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or is reasonably suspected to have been in use in connection with the record or document.”;

(b) in paragraph (2) after “that paragraph” insert “or paragraph (1A).”;

(c) in paragraph (3), for “affected crop or affected waste potato material” in both places where those words occur substitute “crop, potatoes, soil or waste material”; and

(d) in paragraph (4), for “paragraphs (1), (2) or (3)” substitute “paragraph (1), (1A), (2) or (3)”.