- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Pesticides Act 1998.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to amend the Food and Environment Protection Act 1985 in respect of the powers to make regulations concerning pesticides and in respect of the enforcement of provisions relating to the control of pesticides.
[9th July 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)Section 16 of the M1Food and Environment Protection Act 1985 is amended as set out in subsections (2) to (4).
(2)In subsection (2)(g) (power by regulations to provide for seizure by Minister of pesticides in case of breach of prohibition or condition)—
(a)after “the Ministers”, insert “ and any local authority ”; and
(b)after “the Minister”, insert “ or local authority ”.
(3)In subsection (2), for paragraph (j) (provision of information to public) substitute—
“(j)provide for information to be made available to the public, subject to—
(i)any condition that the Ministers consider appropriate; and
(ii)payment of such amount as the Ministers may, with the consent of the Treasury, determine as representing the cost reasonably attributable to the supply of the information;”.
(4)After subsection (2), insert—
“(2A)In subsection (2)—
(a)in paragraph (g), “local authority” has the same meaning as in section 19; and
(b)in paragraph (j), “information” means any information which has been supplied to a government department or other authority at any time for the purposes of, or otherwise in connection with—
(i)any provision made by or under this section;
(ii)the United Kingdom Pesticides Safety Precautions Scheme; or
(iii)the Agricultural Chemicals Approval Scheme.”
(5)In section 25 (application to Northern Ireland), after subsection (2) insert—
“(2A)In the application of section 16 as respects transferred matters in Northern Ireland, for subsection (6) of section 16 substitute—
“(6)Regulations—
(a)if contained in a statutory rule which includes any regulations made under section 2(2) of the M2European Communities Act 1972, shall be subject to negative resolution within the meaning of section 41(6) of the M3Interpretation Act Northern Ireland) 1954;
(b)in any other case, shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly. ”.”
(1)In section 19 of the M4Food and Environment Protection Act 1985 (enforcement powers), insert after subsection (6)—
“(6A)A notice under subsection (5) or (6) above may at any time be withdrawn by a person so authorised.
(6B)Withdrawal of a notice does not affect the power to serve a fresh notice under subsection (5) or (6).”
(2)In Schedule 2 to the 1985 Act (officers and their powers), insert after paragraph 2—
“ Power to question2A(1)If an officer is carrying out functions conferred by Part III of this Act, he may require a person whom he has reasonable cause to believe is able to give information which will assist him in carrying out those functions—
(a)to answer such questions as the officer thinks it appropriate to ask; and
(b)to sign a declaration of the truth of his answers.
(2)Any person to whom questions are put under this paragraph may nominate a person to be with him when he gives his answers.
(3)When a person answers any such questions the only other persons who may be present (apart from the questioner) are—
(a)the person (if any) nominated under sub-paragraph (2); and
(b)any person authorised by the officer to be present.
(4)A person is not to be excused from complying with a requirement under sub-paragraph (1) on the ground that to do so might incriminate him or his spouse of an offence; but a statement or admission made in complying is not admissible in evidence against either of them in proceedings for any offence.”
(3)The provisions of paragraph 4 of Schedule 2 to the 1985 Act shall become sub-paragraph (1) of that paragraph and at the end add—
“(2)An officer exercising any power of entry conferred by Part III of this Act may photograph anything which he has reasonable cause to believe may be relevant in connection with the exercise of his functions under that Part.
(3)Nothing in sub-paragraph (2) affects the powers conferred by sub-paragraph (1).”
Marginal Citations
This Act—
(a)may be cited as the Pesticides Act 1998;
(b)comes into force at the end of the period of two months beginning with the day on which it is passed; and
(c)extends to Northern Ireland.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys