The Potatoes Originating in Egypt (Scotland) Regulations 2004

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Point in time view as at 15/01/2015. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Potatoes Originating in Egypt (Scotland) Regulations 2004, Section 5.

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Powers of an inspectorS

5.—(1) The provisions of this regulation are without prejudice to the circumstances in which an inspector may by virtue of the Order exercise the powers conferred by that Order.

(2) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 3(1) [F1or (2)] above, an inspector may, for the purpose of these Regulations, exercise–

(a)the powers conferred by [F2article 32(1) to (3)] of the Order as read with [F3article 34(1) and (2)] of the Order, as if a potato originating in Egypt was [F4relevant material] landed or likely to be landed in contravention of the Order; and

(b)the powers conferred by [F5article 32(4)] of the Order as read with [F6article 34(1) and (2)] of the Order, as if a potato originating in Egypt was [F7relevant material suspected of being or likely to be present on any premises in contravention of the Order].

(3) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4(1) [F8or (2A)] above, an inspector may, for the purpose of these Regulations, exercise the powers conferred by [F9article 32(4)] of the Order as read with [F10article 34(1) and (2)] of the Order, as if a potato originating in Egypt was [F11relevant material suspected of being or likely to be present on any premises in contravention of the Order].

(4) Any notice served by virtue of this regulation in exercise of a power conferred by [F12article 32(1) to (3) or article 32(4)] of the Order shall have effect as if served under [F12article 32(1) to (3) or article 32(4)] of the Order, and [F13articles 34(3) to (6), 35 to 38, 44 and 45(1)(a)(xii), (b) and (c), (2), (5) to (9) and 46] of the Order shall apply accordingly.

(5) An inspector may, for the purposes of checking compliance with these Regulations, exercise the powers conferred by [F14article 31] of the Order, as if checking compliance with the Order.

(6) Any power conferred by [F15article 31] of the Order which is exercised by virtue of this regulation shall be treated as if that power had been exercised under the Order, and [F16articles 38 and 45(1)(b) and (c), (2), (5) to (9) and 46] of the Order shall apply accordingly.

Textual Amendments

F1Words in reg. 5(2) inserted (21.3.2012) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2012 (S.S.I. 2012/37), regs. 1, 2(5)(a)

F2Words in reg. 5(2)(a) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(a)(i)

F3Words in reg. 5(2)(a) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(a)(ii)

F4Words in reg. 5(2)(a) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(a)(iii)

F5Words in reg. 5(2)(b) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(b)(i)

F6Words in reg. 5(2)(b) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(b)(ii)

F7Words in reg. 5(2)(b) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(b)(iii)

F8Words in reg. 5(3) inserted (21.3.2012) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2012 (S.S.I. 2012/37), regs. 1, 2(5)(b)

F9Words in reg. 5(3) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(c)(i)

F10Words in reg. 5(3) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(c)(ii)

F11Words in reg. 5(3) substituted (17.3.2007) by The Potatoes Originating in Egypt (Scotland) Amendment Regulations 2007 (S.S.I. 2007/94), regs. 1, 2(5)(c)(iii)