The Windsor Framework (Plant Health) Regulations 2023

Inspections and withdrawal of authorisation

15.—(1) Subject to paragraph (2), the competent authority must carry out inspections at least once a year, and sampling and testing if appropriate, to verify compliance by authorised operators, and registered operators authorised under regulation 10(4)(b) or (6), with requirements, where applicable, in—

(a) regulation 8 (content and format);

(b) regulation 10 (5) (authorisation);

(c) regulation 11 (obligations);

(d) regulation 13 (examinations);

(e) regulation 14 (attachment);

(f) regulation 19(1) to (4), (6) and (7) (replacement of a Northern Ireland plant health label).

(2) Paragraph (1) does not apply to an authorised operator who is only authorised under regulation 10(4)(a) to issue Northern Ireland plant health labels for other objects only (not plants for planting).

(3) Where the competent authority becomes aware that an authorised operator, or a registered operator authorised under regulation 10(4)(b) or (6), does not comply with the provisions referred to in paragraph (1) or that plants for planting, seed potatoes or other objects for which that operator has issued or received a Northern Ireland plant health label do not comply with the requirements referred to in regulation 12 (substantive requirements), that authority must without delay take the measures necessary to ensure that non-compliance with those provisions does not continue.

(4) The measures referred to in paragraph (3) may include the withdrawal of the authorisation to issue or receive and use Northern Ireland plant health labels for the plants and other objects concerned, or the withdrawal of any Northern Ireland plant health label that has been issued.

(5) Where the competent authority has taken measures in accordance with paragraph (3) other than the withdrawal of the authorisation to issue or receive and use Northern Ireland plant health labels for the plants and other objects concerned, and non-compliance with the requirements in regulation 12 continues, that authority must without delay withdraw that authorisation.