The Marketing of Fruit Plant Material Regulations 2010

PART 5 Enforcement etc.

Inspectors

19.—(1) The appropriate authority must appoint inspectors for the purposes of the enforcement of these Regulations.

(2) An inspector has the powers set out in Schedule 4.

(3) A person must not intentionally obstruct an inspector in the exercise of any powers conferred by these Regulations.

Offences and penalties

20.—(1) It is an offence to fail to comply with—

(a) a notice served under paragraph 2 or 3 of Schedule 4;

(b) an enforcement notice served under paragraph 4(1)(a) of Schedule 4; or

(c) a prohibition notice served under paragraph 4(1)(b) of Schedule 4.

(2) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences by bodies corporate

21.—(1) If an offence under these Regulations committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the officer’s part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body.

(3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Offences by partnerships or unincorporated associations

22.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.

(2) For the purposes of such proceedings, rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate.

(3) For the purposes of such proceedings in England and Wales, section 33 of the Criminal Justice Act 1925(1) and Schedule 3 to the Magistrates’ Courts Act 1980(2) apply as they apply in relation to a body corporate.

(4) For the purposes of such proceedings in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945(3) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(4) apply as they apply in relation to a body corporate.

(5) A fine imposed on a partnership or association on its conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.

(6) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “partner” includes a person purporting to act as a partner.

(7) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “officer” means an officer of the association or a member of its governing body, or a person purporting to act in such a capacity.

Transitional provisions

23.—(1) This regulation applies where plant material is taken from parent plants existing before 30th September 2012 and meeting the conditions set out in regulation 12.

(2) A supplier may market such plant material, notwithstanding the provisions of these Regulations, provided that it is accompanied by a document stating that it is marketed in accordance with Article 21 of Council Directive 2008/90/EC, or is labelled to that effect.

(3) This regulation applies from 30th September 2012 and ceases to have effect on 31st December 2018.

Revocations

24.  The following are revoked—

(a) the Marketing of Fruit Plant Material Regulations 1995(5);

(b) the Marketing of Fruit Plant Material Regulations (Northern Ireland) 1995(6);

(c) the Marketing of Fruit Plant Material (Amendment) (England) Regulations 2004(7);

(d) the Marketing of Fruit Plant Material (Amendment) (Wales) Regulations 2005(8);

(e) the Marketing of Fruit Plant Material Amendment (Scotland) Regulations 2004(9);

(f) the Marketing of Fruit Plant Material (Amendment) Regulations (Northern Ireland) 2004(10).

(1)

1925 c. 86 (15 & 16 Geo 5); section 33 has been amended by section 132 of, and Schedule 6 to, the Magistrates’ Courts Act 1952 (c. 55), section 56(1) of, and Schedule 8, Part 2 to, the Courts Act 1971 (c. 23) and section 109(1) and (3) of, and Schedule 8 to, the Courts Act 2003 (c. 39).

(2)

1980 c. 43; Schedule 3 has been amended by section 47 of, and Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c.25) and sections 25(2) and 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53).

(3)

1945 c. 15 (N.I.).

(4)

S.I. 1981/1675 (N.I. 26).

(5)

S.I. 1995/2653 as amended in relation to England by S.I. 2004/2603, in relation to Wales by S.I. 2005/1155 and in relation to Scotland by S.S.I. 2004/471.

(6)

S.R. (N.I.) 1995 No. 416 as amended by S.R. (N.I.) 2004 No. 430.

(7)

S.I. 2004/2603.

(8)

S.I. 2005/1155 (W 72).

(9)

S.S.I 2004/471.

(10)

S.R. (N.I.) 2004 No. 430.