The Potatoes Originating in Egypt (Scotland) Regulations 2004

Powers of an inspector

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) above, an inspector may, for the purpose of these Regulations, exercise–

(a) the powers conferred by article 22(1) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt was a plant landed or likely to be landed in contravention of the Order; and

(b) the powers conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt was a plant kept or moved in contravention of the Order.

(3) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4(1) above, an inspector may, for the purpose of these Regulations, exercise the powers conferred by article 22(2) of the Order as read with article 24(1) to (3) of the Order, as if a potato originating in Egypt was a plant kept or moved in contravention of the Order.

(4) Any notice served by virtue of this regulation in exercise of a power conferred by article 22(1) or (2) of the Order shall have effect as if served under article 22(1) or (2) of the Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1), (2) and (6) of the Order shall apply accordingly.

(5) An inspector may, for the purposes of checking compliance with these Regulations, exercise the powers conferred by article 25 of the Order, as if checking compliance with the Order.

(6) Any power conferred by article 25 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 articles 28 and 33(1)(a) and (c), (2) and (6) of the Order shall apply accordingly.