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The Plant Protection Products (Sustainable Use) Regulations 2012

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This is the original version (as it was originally made).

Powers of authorised persons

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20.—(1) The Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales), the Scottish Ministers (in relation to Scotland) and the Department (in relation to Northern Ireland) may authorise any person to exercise the powers set out in Schedule 3.

(2) An authorised person, if so authorised by the person authorising him or her, may prosecute before a magistrates’ court in England and Wales proceedings for an offence under these Regulations.

(3) A person may be authorised for specified purposes.

(4) An authorisation must be evidenced in writing.

(5) The Secretary of State and the Welsh Ministers acting jointly in relation to local authority officers in England and Wales, and the Scottish Ministers in relation to local authority officers in Scotland, may specify descriptions of local authority officers who may be authorised to exercise enforcement powers and may direct that an officer of a particular description may only be appointed to exercise them for a specified purpose.

(6) Any specification or direction under paragraph (5) must be in writing.

(7) If the Secretary of State and Welsh Ministers or the Scottish Ministers specify a description of local authority officers under paragraph (5), a local authority may authorise any of its officers falling within that description to exercise enforcement powers.

(8) Schedule 3 (powers of authorised persons) has effect.

(9) In this regulation “enforcement powers” means the powers set out in Schedule 3.

(10) In this regulation “local authority” means—

(a)in relation to England—

(i)where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994(1), that authority;

(ii)where there is not a unitary authority—

(aa)in a metropolitan district, the council of that district;

(bb)in a non-metropolitan district, the council of that county or the council of a district within the county area;

(cc)in each London borough, the council of that borough;

(iii)in the City of London, the Common Council; or

(iv)the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council; and

(c)in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2).

(1)

S.I. 1994/867, to which there are amendments not relevant to these Regulations.

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