Plant Varieties and Seeds Act 1964

25 Powers of entry. U.K.

(1) The powers of entry conferred by subsections (3) and (4) of this section may be exercised for the purpose of exercising—

(a) the further powers conferred by subsections (5) and (6) of this section, or

(b) any powers of calling for, inspecting or taking copies of records or other documents conferred by seeds regulations,

or for the purpose of ascertaining whether there is, or has been, on or in connection with the premises (including any vehicle or vessel) any contravention of any provision contained in this Part of this Act or in seeds regulations.

(2) This section shall not authorise entry into any premises which are used exclusively as a private dwelling.

(3) Any person duly authorised by the Minister in that behalf may, on production if so required of his authority, at all reasonable hours enter any premises which he has reasonable cause to believe to be used for any purpose of a business in the course of which seeds are sold, whether the sale is by wholesale or retail, and whether the person conducting it acts as principal or agent.

(4) Any person duly authorised by the Minister in that behalf may, on production if so required of his authority, at all reasonable hours enter any premises on which he has reasonable cause to believe that there are any seed potatoes which have been sold and which are to be delivered, or are in the course of delivery, to the purchaser, and the power of entry under this subsection may be exercised when the seed potatoes are in transit in the course of delivery to the purchaser, and in particular when they are in any vehicle or vessel in the course of delivery.

(5) A person may, on any premises (including any vehicle or vessel) which he has power under this section to enter for the purpose of exercising the powers conferred by this subsection, examine any seeds which he finds there and may without payment take samples of any seeds so found.

(6) The owner of any seeds which are offered or exposed for sale, or are stored for purposes of sale, or any person authorised to sell those seeds, may be required by a person duly authorised by the Minister in that behalf to deliver to him such a statement, if any, as the person selling them would by seeds regulations be obliged to deliver to a purchaser of those seeds, and to deliver it within the time prescribed for such a statement.

(7) If any person fails to comply with a requirement under subsection (6) of this section he shall be liable on summary conviction—

[F1 to a fine not exceeding [F2 level 3 on the standard scale]]

and references in this Part of this Act to a statutory statement shall include references to a statement delivered under subsection (6) of this section.

(8) This section shall apply as respects—

(a) all kinds of seeds in respect of which an offence may under any circumstances be committed under seeds regulations as for the time being in force, . . . F3

(b)

F3 (9) A person who obstructs or impedes any person acting in the exercise of the powers conferred by this section shall be liable on summary conviction to a fine not exceeding twenty pounds.

Textual Amendments

F1 Words substituted for s. 25(7) paras. (a)(b) by European Communities Act 1972 (c. 68), s. 4, Sch. 4 para. 5(2)

F2 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F3 Word “and” and s. 25(8)(b) repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. III

Modifications etc. (not altering text)

C1 S. 25 modified by S.I. 1984/412, art. 22

S. 25 modified (S.) (7.7.2000) by S.S.I. 2000/201, reg. 21

S. 25 applied (with modifications) (1.12.2001) by 2001/3510, reg. 21(1)

C2 S. 25 modified (11.10.1991) by S.I. 1991/2206, reg. 23(1)(2) (with regs. 4, 5)

C3 S. 25 modified (E.) (16.5.2006) by Seed Potatoes (England) Regulations 2006 (S.I. 2006/1161), regs. 1(1), reg. 23(2)-(4)

C4 S. 25 modified (W.) (15.11.2006) by The Seed Potatoes (Wales) Regulations 2006 (S.I. 2006/2929), regs. 1(1), reg. 23(2)-(4)

C5 S. 25 modified (S.) (1.1.2016) by The Seed Potatoes (Scotland) Regulations 2015 (S.S.I. 2015/395), regs. 1(1), reg. 23(2)-(4) (with reg. 21)

C6 S. 25 modified (E.) (1.1.2016) by The Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953), regs. 1(1), 24(2) (with regs. 1(3), 24(6))

C7 S. 25 modified (W.) (29.2.2016) by The Seed Potatoes (Wales) Regulations 2016 (S.I. 2016/106), regs. 1(2), 24(2)-(4)(6)

C8 Ss. 24-30 extended (with modifications) (1.8.2016) by The Plant Varieties and Seeds (Isle of Man) Order 2016 (S.I. 2016/758), arts. 1, 2(2)(a), Sch. 1

C9 S. 25(1) modified (11.10.1991) by S.I. 1991/2206, reg. 23(3) (with regs. 4, 5)

C10 S. 25(1) modified (E.) (1.1.2016) by The Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953), regs. 1(1), 24(3) (with regs. 1(3), 24(6))

C11 S. 25(4) excluded (11.10.1991) by S.I. 1991/2206, art. 23(4) (with regs. 4, 5)

C12 S. 25(4) modified (E.) (1.1.2016) by The Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953), regs. 1(1), 24(4) (with regs. 1(3), 24(6))

C13 S. 25(9) has effect as if the new penalty there mentioned was a fine not exceeding level 3 on the standard scale by virtue of (E.W.) 1982 c. 48, s. 39, Sch. 3 and by (S.) 1975 c. 21, s. 289H, Sch. 7 (which 1975 Act was repealed (1.4.1996) (S.) by 1995 c. 40, s. 6(1), Sch. 5 (with s. 6(2), Sch. 6)) and (1.4.1996) (S.) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III (with Sch. 3 paras. 1, 16, 17)