The Plant Protection Products (Sustainable Use) Regulations 2012

Regulation 32(2)

SCHEDULE 5 Amendments

Regulations to be amended	Regulation or Schedule to be amended	Amendments to be made
The Plant Protection Products Regulations (Northern Ireland) 2011(1)	Regulation 2	After the definition of “the Department” insert— “premises” includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft, hovercraft or marine structure; and (b) any tent or moveable structure;
	Schedule 1 paragraph 1(1)	For the word “land” substitute— “premises (except any premises used wholly or mainly as a private dwelling)”. For the words “stored on it” substitute— “stored on or in them or transported or applied by means of them”.
	Schedule 1 paragraph 1(2) and 1(3)	Omit.
	Schedule 1 paragraph 1	Sub-paragraph (4) of that Schedule is renumbered as sub-paragraph (2).
	Schedule 1 paragraph 1	Sub-paragraph (5) of that Schedule is renumbered as sub-paragraph (3).
	Schedule 1 paragraph 1(3) as renumbered	For the word “land” substitute— “premises”.
	Schedule 1 paragraph 2(1)	Substitute— “(1) A lay magistrate may issue a warrant permitting an authorised person to enter any premises if necessary by reasonable force for the purposes of the enforcement of these Regulations if satisfied that the authorised person has reasonable grounds for requiring entry and any of the conditions set out in sub-paragraph 2(1A) are satisfied.”.
	Schedule 1 paragraph 2	After paragraph 2(1) insert— (1A) The conditions referred to in paragraph 2(1) are that— (a) admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier; (b) asking for admission, or the giving of such a notice, would defeat the object of the entry; (c) the case is one of urgency; or (d) the premises are unoccupied or the occupier is temporarily absent.
	Schedule 1 paragraph 2(3)	Substitute— “(3) An application for a warrant under paragraph 2(1), where the condition satisfied is set out at paragraph 2(1A)(a), must be made on notice and on sworn complaint in writing and, where the condition satisfied is set out in paragraph 2(1A)(b), (c) or (d), must be made without notice on sworn complaint in writing.”
	Schedule 1 paragraph 2(5)(d)	Substitute— “the address of the premises to be entered and searched; and”.
	Schedule 1 paragraph 3(2)	For the words “private dwelling which is” substitute— “premises”.
	Schedule 1 paragraph 3(3), 3(4) and 3(9)	Each time the words “private dwelling” appear, substitute— “premises”.
	Schedule 1 paragraph 3(3) and 3(4)	Each time the word “land” appears, substitute— “premises”.
	Schedule 1 paragraph 4(1)	Substitute— “(1) An authorised person exercising powers of entry pursuant to paragraph 1(1), or in accordance with a warrant granted under paragraph 2(1), may— (a) search for any item, if necessary using reasonable force; (b) open or examine, or both, anything that is on, attached to or otherwise forms part of the premises, if necessary using reasonable force; (c) take with him or her any persons and equipment or materials he or she considers necessary for the enforcement of these Regulations; (d) open any container, if necessary using reasonable force; (e) carry out any searches, inspections, measurements and tests; (f) take samples; (g) have access to, and inspect and copy any documents, books or records (in whatever form they are held) which the authorised person has reason to believe may be relevant in connection with the enforcement of these Regulations and remove them to enable them to be copied; (h) photograph or copy anything which the authorised person has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and (i) seize any computers and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable.””
	Schedule 1 paragraph 4(2)	For “paragraph 4(1)(a)” substitute— “paragraph 4(1)(c)”.
	Schedule 1 paragraph 4(3)	For “paragraph 4(1)(d)” substitute— “paragraph 4(1)(f)”.
	Schedule 1 paragraph 4(4)	For “paragraph 4(1)(e), (f) or (g)” substitute— “paragraph 4(1)(g), (h) or (i)”.
	Schedule 1 paragraph 5	Omit.
	Schedule 1 paragraph 8(2)(a)	For the words “land, vehicle, vessel, aircraft, hovercraft or marine structure” substitute— “premises”.
The Plant Protection Products Regulations 2011(2)	Regulation 2(1)	After the definition of “authorised person” insert— “premises” includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft, hovercraft or marine structure; and (b) any tent or moveable structure;.
	Regulation 6	Regulation 6 is renumbered as paragraph (1) of that regulation. After paragraph (1) as so renumbered insert— “(2) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of offences under these Regulations in so far as those functions relate to offences committed in England.”.
	Schedule 1 paragraph 1(1)	For the word “land” substitute— “premises (except any premises used wholly or mainly as a private dwelling)” For the words “stored on it” insert— “stored on or in them or transported on or applied by means of them”.
	Schedule 1 paragraph 1(2) and 1(3)	Omit.
	Schedule 1 paragraph 1	Sub-paragraph (4) of that Schedule is renumbered as sub-paragraph (2).
	Schedule 1 paragraph 1	Sub-paragraph (5) of that Schedule is renumbered as sub-paragraph (3).
	Schedule 1 paragraph 1(3) as renumbered	For the word “land” substitute— “premises”.
	Schedule 1 paragraph 2(1)	Substitute— “(1) A justice of the peace in England and Wales, or a sheriff, stipendiary magistrate or justice of the peace in Scotland, may issue a warrant permitting an authorised person to enter any premises if necessary by reasonable force, for the purposes of the enforcement of these Regulations if satisfied that the authorised person has reasonable grounds for requiring entry and any of the conditions set out in paragraph 2(1A) are satisfied.”. After paragraph 2(1) insert— “(1A) The conditions referred to in sub-paragraph (1) are that— (a) admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier; (b) asking for admission, or the giving of such a notice, would defeat the object of the entry; (c) the case is one of urgency; or (d) the premises are unoccupied or the occupier is temporarily absent.”.
	Schedule 1 paragraph 2(4)	Substitute— “(4) An application for a warrant under paragraph 2(1), where the condition satisfied is set out at paragraph 2(1A)(a), must be made on notice and, where the condition satisfied is set out in paragraph 2(1A)(b), (c) or (d), must be made without notice.”
	Schedule 1 paragraph 2(7)(d)	Substitute— “the address of the premises to be entered and searched; and”.
	Schedule 1 paragraph 3(2)	For the words “private dwelling which is” substitute— “premises”
	Schedule 1 paragraph 3(3), 3(4) and 3(10)	Each time the words “private dwelling” appear, substitute— “premises”.
	Schedule 1 paragraph 3(3) and 3(4)	Each time the word “land” appears, substitute— “premises”.
	Schedule 1 paragraph 4(1)	Substitute— “(1) An authorised person exercising powers of entry pursuant to paragraph 1(1), or in accordance with a warrant granted under paragraph 2(1), may— (a) search for any item, if necessary using reasonable force; (b) open or examine, or both, anything that is on, attached to or otherwise forms part of the premises, if necessary using reasonable force; (c) take with him or her any persons and equipment or materials he or she considers necessary for the enforcement of these Regulations; (d) open any container, if necessary using reasonable force; (e) carry out any searches, inspections, measurements and tests; (f) take samples; (g) have access to, and inspect and copy any documents, books or records (in whatever form they are held) which the authorised person has reason to believe may be relevant in connection with the enforcement of these Regulations and remove them to enable them to be copied; (h) photograph or copy anything which the authorised person has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and (i) seize any computers and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable.””
	Schedule 1 paragraph 4(2)	For “paragraph 4(1)(a)” substitute— “paragraph 4(1)(c)”.
	Schedule 1 paragraph 4(3)	For “paragraph4(1)(d)” substitute— “paragraph 4(1)(f)”.
	Schedule 1 paragraph 4(4)	For “paragraph 4(1)(e), (f) or (g)” substitute— “paragraph 4(1)(g), (h) or (i)”.
	Schedule 1 paragraph 5	Omit.
	Schedule 1 paragraph 8(1)(a) and 8(3)	For the words “under regulations 9 to 19” substitute— “under regulation 23 by contravening or failing to comply with any paragraph of regulations 9 to 19”.
	Schedule 1 paragraph 8(1)(b)	For the word “unlikely” substitute — “likely”.
	Schedule 1 paragraph 8(2)(a)	For the words “land, vehicle, vessel, aircraft, hovercraft or marine structure” substitute— “premises”.

(1)

S.R.(NI) 2011 No 295 amended by S.R.(NI) 2012 No 12.

(2)

S.I. 2011/2131.