The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017

PART 6 N.I. Administration and revocations

Notices etc. N.I.

25.  A notice or authorisation given under these Regulations—

(a) must be in writing;

(b) may be amended, suspended or revoked by notice; and

(c) may be subject to such conditions as the inspector considers necessary.

Arrangements for official measures N.I.

26.—(1) The Department may make such arrangements with any person (“A”) as the Department considers necessary or desirable for the purpose of enabling A to carry out official measures on the Department's behalf.

(2) But the Department must not make any arrangement under this regulation unless satisfied that the arrangement makes provision for the purpose of preventing any person from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under official supervision.

(3) The Department may include in any arrangement such conditions as the Department considers necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that A must carry out;

(ii) the methods to be used in connection with the official measures that A carries out;

(iii) the fees that A may charge in relation to the official measures that A carries out;

(iv) the records that A must keep in connection with the official measures that A carries out;

(b) prohibiting A from—

(i) charging fees in relation to the official measures that A carries out under the arrangement except to the extent that these do not exceed the costs that A incurs in carrying them out;

(ii) carrying out the official measures except under official supervision;

(c) prohibiting A from making any further arrangement with any other person (“B”) for any purpose in connection with the carrying out of the official measures that A has arranged with the Department to carry out unless—

(i) the Department has approved all the conditions of the further arrangement and A has received the prior written approval of the Department to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting B from making any subsequent arrangements for any purpose connected with the carrying out of the official measures in respect of which the Department made the arrangement with A;

(iii) the further arrangement includes an acknowledgement by A and B that the Department may vary, revoke or suspend the further arrangement if it appears to the Department that B is not complying, or has failed to comply, with any condition of the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b) of this paragraph and for these purposes references in those sub-paragraphs to A are to be construed as references to B and references to “the arrangement” are to be construed as references to the further arrangement.

(4) The Department must not approve the making of any further arrangement under this regulation unless satisfied that B will not—

(a) derive any private gain from any official measures that B is to be authorised to carry out under the further arrangement;

(b) carry out any official measures under the further arrangement except under official supervision.

(5) The Department may, by written notice to A or B (as the case may be), vary, suspend or revoke an arrangement or further arrangement, or any conditions of an arrangement or further arrangement made under this regulation.

(6) A notice given under paragraph (5) must specify—

(a) in respect of a variation or revocation, the date from which the variation or revocation takes effect;

(b) in respect of a suspension, the period during which the suspension has effect.

(7) When a variation, revocation or suspension has effect, the Department may, for any purposes in relation to these Regulations, continue to have regard to such of the official measures carried out under an arrangement (or further arrangement) which was varied, revoked or suspended as appear to the Department to be official measures carried out in accordance with the provisions of these Regulations.

(8) In this regulation, “official measures” include official examinations, inspections, sampling and testing.

Transitional provisions [F1 for plant material from parent plant existing pre-commencement] N.I.

27.—(1) This regulation applies to plant material produced from a parent plant existing before 29th June 2017.

(2) Plant material to which this regulation applies may only be marketed if—

(a) the parent plant meets any certification or CAC requirements relevant to it under the Marketing of Fruit Plant Material Regulations 2010; and

(b) the supplier's document accompanying it, or the official label affixed to it (or, as the case may be, to the package, bundle or container in which the plant material is marketed), includes a reference to Article 32 of Directive 2014/98/EU.

(3) In this regulation—

“parent plant” means a pre-basic mother plant, a basic mother plant, a certified mother plant or CAC material;

(4) This regulation ceases to have effect on 31st December 2022.

Textual Amendments

F1 Words in reg. 27 heading inserted (23.12.2020) by The Marketing of Fruit Plant and Propagating Material (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/294), regs. 1, 2(2)

[F2 Transitional provision for supplier’s documents affixed to CAC material N.I.

27A.   A supplier may market CAC material to which a supplier’s document which does not comply with paragraph 6A of Schedule 2 is affixed in the form of a label if that document—

(a) is of a colour of supplier’s document that was in use before 1^st April 2020; and

(b) states that it is marketed in accordance with Article 3 of Commission Implementing Directive (EU) 2019/1813.

(2) This regulation ceases to have effect on 1^st July 2021.]

Textual Amendments

F2 Reg. 27A inserted (23.12.2020) by The Marketing of Fruit Plant and Propagating Material (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/294), regs. 1, 2(3)

Revocation N.I.

28.  The Marketing of Fruit Plant Material Regulations 2010 M1 are revoked.

Marginal Citations

M1 S.I. 2010/2079