Citation and commencement
1. These Regulations may be cited as the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 3) Regulations 2020 and come into force on 28th October 2020.
Amendment of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
2.—(1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (1) are amended as follows.
(2) For regulation 31(3) substitute—
“(3) Paragraph (1) does not apply—
(a)to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier; or
(b)in relation to any notice served under Schedule 4A.”.
(3) In regulation 36(1), at the end insert “or Schedule 4A”.
(4) In regulation 37—
(a)in paragraph (3), after “plant health inspector” insert “or the appropriate authority”;
(b)in paragraph (6), in the definition of “notice”, after “plant health inspector” insert “or the appropriate authority”.
(5) In regulation 39—
(a)the unnumbered paragraph becomes paragraph (1) of that regulation;
(b)after paragraph (1) as renumbered, insert—
“(2) Paragraph (1)(a) does not apply in relation to any notice served under Schedule 4A.”.
(6) In regulation 46(1), after “this Part” insert “or paragraph 22 of Schedule 4A (failure to comply with a stop notice)”.
(7) In regulation 47(1), after “this Part” insert “or paragraph 22 of Schedule 4A (failure to comply ”.
(8) After regulation 48 (penalties) insert—
“PART 11ACivil Sanctions
Civil sanctions
48A. Schedule 4A (which provides for civil sanctions) has effect.”.
(9) After Schedule 4, insert the Schedule contained in the Schedule to these Regulations.
Gardiner of Kimble
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
29th September 2020