European Communities Act 1972

G: Plant Health U.K.

8 (1) In the Plant Health Act 1967 there shall be made, with effect from the entry date, the amendments provided for by the following sub-paragraphs. U.K.

(2) In section 1(1) (by which the Act has effect for the control in Great Britain of plant pests and diseases) the words “in Great Britain” shall be omitted; and—

(a) in section 2(1) and section 3(1) (orders for control of pests) after the words “thinks expedient” there shall be inserted the words “ or called for by any Community obligation ”;

(b) at the end of section 3(1), after the words “preventing the spread of pests in Great Britain”, there shall be added the words “ or the conveyance of pests by articles exported from Great Britain ”;

(c) in section 3(5) (which extends the time limit for summary prosecutions of certain offences) there shall be omitted the words “where the offence is one in connection with the movement, sale, consignment or planting of potatoes”.

(3) In section 3(2)(a) (which provides for the removal or destruction of infected crops etc.) there shall be inserted after the word “removal” the word “ treatment ” and after the words “any seed, plant or part thereof” the words “ or any container, wrapping or other article ”, and in section 3(2)(b) (which provides for entry on land for those and other purposes) there shall be inserted after the word “removal” the word “ treatment ” and after the word “land” the words “ or elsewhere ”; and the words “ or elsewhere ” shall also be inserted after the word “land” in section 4(1)(b) (which also relates to entry).

(4) At the end of section 6(1) there shall be added the words “ or, in the case of an order prohibiting or regulating the landing in or exportation from Great Britain of any articles, shall be subject to annulment in pursuance of a resolution of either House of Parliament ”.

Modifications etc. (not altering text)

C1 The text of Sch. 4 paras. 4–5(5), 6, 8 and 9(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

(2) In Part VI of the Transport Act 1968, in section 103(1), after the definition of “employer” there shall be inserted the words “ “the international rules” means any directly applicable Community provision relating to the driving of road vehicles on international journeys ”; and—

(a) after section 96(11) there shall be inserted as subsection (11A)—

“(11A) Where, in the case of a driver or member of the crew of a motor vehicle, there is in Great Britain a contravention of any requirement of the international rules as to periods of driving, or distance driven, or periods on or off duty, then the offender and any other person (being the offender’s employer or a person to whose orders the offender was subject) who caused or permitted the contravention shall be liable on summary conviction to a fine not exceeding £200”;

and in section 98(4) (failure to comply with regulations as to keeping of records etc.) after the words “regulations made under this section” there shall be inserted the words “ or any requirement as to books or records of the international rules ”, in section 98(5) after the words “of regulations under this section” there shall be inserted the words “ or of the international rules ”, and in section 99(5) (falsification of records) after the words “regulations under under section 98 thereof” there shall be inserted the words “ or the international rules ”;

(b) in section 99(1) (power of enforcement officer to inspect records and other documents) there shall be inserted after paragraph (c)—

“(d) any corresponding book, register or document required by the international rules or which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of the international rules have been complied with”;

and in section 99(3) after the words “subsection (1)(a)” there shall be inserted “ or (d) ”;

(c) in section 98(2) (power to make provision supplementary and incidental to the provision made under section 98(1) as to the keeping of books and records) there shall be inserted after the words “supplementary and incidental provisions” the words “ including provisions supplementary and incidental to the requirements of the international rules as to books and records ”, and after the words “for the purpose or the regulations” in paragraph (a) the words “ or of the international rules ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) [F3 In the following provisions as amended by the M1 Transport Act 1968 (which, as so amended, allow records kept under Part VI of that Act to be inspected), that is to say, in section 11(1)(a) of the M2 Road Haulage Wages Act 1938] . . . F4 , [F3 after the words “Part VI of the Transport Act 1968” there shall be inserted the words “ or of the international rules within the meaning of the said Part VI ”; and] in Schedule 2 to the M3 Road Traffic (Foreign Vehicles) Act 1972, in the entry relating to sections 96 to 98 of the Transport Act 1968 and regulations and orders thereunder, there shall be added at the end of the words in the first column the words “ and the international rules within the meaning of Part VI of that Act ”.

Textual Amendments

F1 Sch. 4 para. 9(1) repealed with savings by Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3), Sch. 2, Sch. 3 Pt. I

F2 Sch. 4 para. 9(3) repealed by Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3, SIF 107:1), Sch. 3 Pt. II

F3 Words repealed (E.W.S.) by Employment Act 1980 (c. 42, SIF 43:5), Sch. 2

F4 Words repealed by Wages Council Act 1979 (c. 12, SIF 43:1), Sch. 7

Modifications etc. (not altering text)

C2 The text of Sch. 4 paras. 4–5(5), 6, 8 and 9(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3 The text of Sch. 4 para. 9(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1968 c. 73.

M2 1938 c. 44.

M3 1972 c. 27.

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 4 para. 10 repealed by Transport Act 1980 (c. 34, SIF 107:1), Sch. 9 Pt. I