- Latest available (Revised)
- Point in Time (17/11/2003)
- Original (As enacted)
Version Superseded: 22/07/2004
Point in time view as at 17/11/2003.
There are currently no known outstanding effects for the Agriculture and Horticulture Act 1964, Cross Heading: Transport of produce.
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(1)With a view to reducing the risk of deterioration of or damage to produce while in transit or promoting efficiency in the transport and handling of produce, the Ministers may make regulations imposing a duty on any person carrying on a horticultural production business to secure that such containers, pallets and other articles as may be prescribed by the regulations are used for the transport of fresh horticultural produce from premises where that business is carried on to any such market or other premises as may be so prescribed.
(2)Regulations under this section may confer powers of entry, inspection and sampling, may provide for the punishment of offences against the regulations and may contain such other provisions as the Ministers consider expedient for the purposes of the regulations:
Provided that—
(a)the regulations shall not confer power to enter any building used only as a private dwelling-house or to stop any vehicle on a [F1highway][F1road], and in relation to any power of entry conferred thereby shall include provisions to the like effect as section 13(5) and (6) of this Act; and
(b)the penalty for an offence under the regulations shall be limited to a fine not exceeding [F2fifty pounds][F2level 3 on the standard scale]or, in the case of a second or subsequent offence thereunder, not exceeding [F2one hundred pounds.][F2level 3 on the standard scale]
(3)In this section “horticultural production business” has the same meaning as in Part I of the Horticulture Act 1960.
Textual Amendments
F1Word “road”substituted (S.) for “highway”by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 128(1), 156, Sch. 9 para. 57
F2Words “level 3 on the standard scale”substituted (S.) for “fifty pounds”and “one hundred pounds”in each case by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G
Modifications etc. (not altering text)
C1Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
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