The Plant Health (Amendment No.3) Order (Northern Ireland) 2011

Document Number:2011 No. 352
Coming into force:Coming into force on the 06/10/2011
 
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Statutory Rules of Northern Ireland

Plant Health

Made

6 th October 2011

Coming into operation

16 th November 2011

The Department of Agriculture and Rural Development(1) , in exercise of the powers conferred by sections 2 and 3 of the Plant Health Act (Northern Ireland) 1967(2) , makes the following Order.

Citation and commencement

  1. This Order may be cited as The Plant Health (Amendment No.3) Order (Northern Ireland) 2011 and shall come into operation on 16 th November 2011.

    Amendments to the Plant Health Order (Northern Ireland) 2006

  2. The Plant Health Order (Northern Ireland) 2006(3) is amended as follows.

    Insertion of new article 35(5)

  3. In Article 35 (Service of notices) insert—

    “(5) Where a notice is to be served on a potato grower or occupier of premises under Article 38 A(3) and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be deemed to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises on which the crop is growing or on which the potato, soil or waste material is or has been kept.”.

    Insertion of new articles 38 A and 38 B

  4. After Article 38 (Miscellaneous provisions for certain solanaceous species) insert—

    “Inspection and control of potato crop health Dickeya spp.

    38 A—(1) An inspector may at any reasonable time enter on to any premises on which the inspector reasonably believes that potatoes have been planted, stored, processed or packed and carry out such investigations as the inspector considers necessary for the purpose of establishing whether any potatoes are infected with Dickeya spp..

    (2) An inspector may take and remove samples of potato or soil for the purpose of establishing whether any potatoes are infected with Dickeya spp..

    (3) Where an inspector reasonably suspects that potatoes are infected with Dickeya spp. the inspector may serve a notice requiring the potato grower or occupier of the premises to take such steps, in such manner and within such time as may be specified in the notice, as appear to the inspector to be necessary to prevent the spread of Dickeya spp. to other potatoes.”

  5. In part 7 A, Article 38 A shall be re-numbered 38 B.

  6. In Article 44(1) (a) (xiiiA) for “article 38 A(5)” substitute “Article 38 B(5)”.

    Sealed with the Official Seal of the Department of Agriculture and Rural Development on 6 th October 2011.

    Keith Morrison

    A senior officer of...

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