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The Seed Potatoes (Scotland) Regulations 2015

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PART VIMISCELLANEOUS PROVISIONS

Sampling of seed potatoes

17.—(1) Paragraphs (2) and (3) apply where a sample of seed potatoes is required for the purposes of these Regulations.

(2) Where a sample is required for the purposes of regulation 8 or 9, an authorised officer may take a sample of seed potatoes of such quantity or number and from such part, or parts, of the growing or harvested crop as the authorised officer considers appropriate.

(3) Where a sample is required otherwise than as described in paragraph (2), an authorised officer may take a sample only in accordance with Schedule 8.

Information regarding seed potatoes

18.—(1) Any person who produces pre-basic seed potatoes, basic seed potatoes or test and trial seed potatoes must maintain for a period of not less than 2 years records of any purchase of seed potatoes for planting and particulars of the crops grown or relating to and of the marketing of the produce of those crops.

(2) Any person who markets pre-basic, basic or test and trial seed potatoes must maintain for a period of not less than 2 years a record of the marketing of those seed potatoes.

Service of notices

19.—(1) Any notice served under these Regulations must be in writing and may be amended, suspended or revoked in writing at any time.

(2) A notice may be served on a person by—

(a)personal delivery;

(b)leaving it at the person’s proper address; or

(c)sending it by post or by electronic means to the person’s proper address.

(3) In the case of a body corporate, a notice may be served on or given to an officer of that body.

(4) In the case of a partnership, a notice may be served on or given to a partner or a person having control or management of the partnership business.

(5) In the case of an unincorporated association, a notice may be served on or given to an officer of the association.

(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978(1) (service of documents by post) in its application to this regulation, “proper address” means—

(a)in the case of a body corporate or an officer of that body—

(i)the registered or principal office of that body; or

(ii)the email address of the officer;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership; or

(ii)the email address of the partner or person having that control or management;

(c)in the case of an unincorporated association or an officer of the association—

(i)the office of the association; or

(ii)the email address of the officer;

(d)in any other case, a person’s last known address, which includes an email address.

(7) For the purposes of paragraph (6), the principal office of a body corporate registered outside the United Kingdom or of a partnership established outside the United Kingdom is its principal office in the United Kingdom.

(8) If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(9) A notice may specify that a person in receipt of it must immediately inform an authorised officer of its safe receipt.

(10) In this regulation—

“body corporate” includes a limited liability partnership;

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate; and

“partnership” includes a Scottish partnership, but does not include a limited liability partnership.

Imports from outside EU

20.  A person who imports any quantity of seed potatoes exceeding 2 kilograms from outside the European Union must provide the Scottish Ministers with the particulars specified in Schedule 4 in respect of the seed potatoes.

Exemptions

21.  Despite any provision of these Regulations, the Scottish Ministers may exempt any person or class of person, or persons generally, from compliance with any of the requirements of these Regulations in respect of seed potatoes, subject to such conditions as the Scottish Ministers may require.

Consequential amendments

22.—(1) In regulation 2(1) of the National Lists Regulations, in the definition of “the Seeds Marketing Regulations”, in sub-paragraph (c)(vi), for “Seed Potatoes (Scotland) Regulations 2000(2)”, substitute “Seed Potatoes (Scotland) Regulations 2015”.

(2) In article 2(1) of the Plant Health (Scotland) Order 2005(3) (general interpretation), for the definition of “Seed Potatoes Regulations” substitute—

“Seed Potatoes Regulations” means the Seed Potatoes (Scotland) Regulations 2015;.

Extension and modification of provisions of the Act

23.—(1) For the purposes of these Regulations the operation of the provisions of sections 25 and 26 of the Act are modified or, as the case may be, excluded in accordance with this regulation.

(2) Section 25 of the Act (powers of entry) is modified with the effect that for the purposes of that section any reference to “premises” is a reference to premises as defined in these Regulations relating to seed potatoes and any reference to a subsection containing a reference to premises is a reference to that subsection as so modified.

(3) Section 25(1) of the Act is modified with the effect that the reference to subsection (4) of that section is a reference to that subsection as modified by paragraph (4) of this regulation.

(4) In section 25(4) of the Act the words after “potatoes” (where it first occurs) to the end are omitted.

(5) In section 26 of the Act (use of samples in criminal proceedings) subsections (2), (4), (5), (6), (7), (8) and (9) are omitted.

Revocations

24.  The Regulations specified in column 1 of the Table in Schedule 9 are revoked to the extent specified in column 3 of that Table.

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