The Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009

Arrangements for official measures N.I.

34.—(1) Subject to the following provisions of this regulation, the Department may make arrangements, in such form as the Department is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under the Department’s responsibility or control to carry out official measures.

(2) The Department shall not make arrangements under this regulation unless the Department is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under the supervision of the Department.

(3) An arrangement under this regulation may include such conditions as the Department is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures carried out; and

(iii) the records that must be kept by the person with whom the arrangement is made in connection with the official measures carried out; and

(b) prohibiting the person with whom the arrangement is made from—

(i) carrying out the official measures except under official supervision; and

(ii) charging fees in relation to official measures carried out under the arrangement except to the extent that these do not exceed the costs incurred in carrying them out.

(4) The Department may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, by giving notice to the person with whom the arrangement is made.

(5) A notice of a variation, suspension or revocation of any arrangement or of a condition of an arrangement shall specify—

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which the suspension shall have effect,

and the variation, suspension or revocation shall have effect in accordance with the notice.

(6) When a variation, suspension or revocation has effect the Department may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to her to be official measures carried out in accordance with the provisions of these Regulations.

Commencement Information

I1 Reg. 34 in operation at 31.12.2009, see reg. 1