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The Plant Health (Potatoes) (Scotland) Order 2006
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Failure to comply with noticesS
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8.—[F1(1) If any person fails to comply with a notice served or deemed to be served on that person under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, after giving the potato grower or occupier of the premises reasonable notice of the inspector’s intention and upon production of the inspector’s authority, enter the premises where the crop, potatoes, soil or waste material is located, or where documents or records pertaining to the crop, potatoes, soil or waste material are located, and take such steps as appear necessary to the inspector to ensure compliance with the requirements of the notice.
(1A) If it appears necessary to the inspector to inspect any document or record kept by means of a computer, then an inspector may have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or is reasonably suspected to have been in use in connection with the record or document.]
(2) An inspector on entering premises under paragraph (1) may be accompanied by such persons and such equipment and vehicles as the inspector considers necessary for the purposes of facilitating the exercise of the inspector’s powers under that paragraph [F2or paragraph (1A)].
(3) Any person who accompanies an inspector on to premises on which an [F3crop, potatoes, soil or waste material] is located in accordance with paragraph (2) may remain on the premises and from time to time return to the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct for the purpose of destroying or otherwise dealing with the [F3crop, potatoes, soil or waste material].
(4) Where an inspector takes or directs any steps pursuant to [F4paragraph (1), (1A), (2) or (3)], the Scottish Ministers may recover all reasonable costs of taking such steps as a debt from the person on whom notice was served.
Textual Amendments
F1Art. 8(1)(1A) substituted for art. 8(1) (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 7(a)
F2Words in art. 8(2) inserted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 7(b)
F3Words in art. 8(3) substituted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 7(c)
F4Words in art. 8(4) substituted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 7(d)
Commencement Information
I1Art. 8 in force at 1.7.2006, see art. 1(1)
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