
1 

(1) These Regulations may be cited as the Potatoes Originating in Egypt (Amendment) Regulations (Northern Ireland) 2002, and shall come into operation on 12th August 2002.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2 

(1) The Potatoes Originating in Egypt Regulations (Northern Ireland) 1998 shall be amended in accordance with paragraphs (2) to (4).
(2) For regulation 5 (Powers of an inspector) there shall be substituted:“
5 

(1) The provisions of this regulation are without prejudice to the circumstances in which an inspector may by virtue of the 1993 Order exercise the powers conferred by that Order.
(2) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 3, an inspector may, for the purpose of these Regulations, exercise –
(a) the power conferred by Article 22(1) of the 1993 Order as read with Article 24(1) to (3) of that Order, as if a potato originating in Egypt were a plant landed or likely to be landed in contravention of that Order; and
(b) the power conferred by Article 22(2) of the 1993 Order as read with Article 24(1) to (3) of that Order, as if a potato originating in Egypt kept on or moved from premises, or likely to be so, were a plant kept on or moved from the premises in contravention of that Order.
(3) On having reasonable grounds for suspecting a contravention or likely contravention of regulation 4, an inspector may, for the purpose of these Regulations, exercise the power conferred by Article 22(2) of the 1993 Order as read with Article 24(1) to (3) of that Order, as if a potato originating in Egypt processed at any premises in breach of these Regulations were a plant kept on or moved from the premises in contravention of that Order.
(4) An inspector may, for the purposes of checking compliance with these Regulations, exercise the powers conferred by Article 25 of the 1993 Order, as if checking compliance with that Order.
(5) Any notice served by virtue of this regulation in exercise of a power conferred by Article 22(1) or (2) of the 1993 Order shall have effect as if served under Article 22(1) or (2) of that Order, and Articles 24(3), 26 to 28, 46(1) and (3) and 47(1)(a), (e) and (2), shall apply accordingly.
(6) Any power conferred by Article 25 of the 1993 Order which is exercised by virtue of this regulation shall be treated as if that power had been exercised under the Order, and the provisions of that Order (including Article 47(1)(a), (e) and (2)) shall apply accordingly.”.
(3) In paragraph (1) of regulation 5A (Fees in respect of the sampling of potatoes landed in Northern Ireland) for “a fee of £35”, there shall be substituted “a fee of £37·50”.
(4) In the Schedule, under the column headed “Instrument”, after “Commission Decision 2000/568/EC”, there shall be added “Commission Decision 2001/664/EC”, and under the column headed “Reference”, after “O.J. No. L238, 22.9.00, p. 59”, there shall be added “O.J. No. L233, 31.8.01, p. 49”.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 19th July 2002.
L. G. McKibben
A Senior Officer of the
Department of Agriculture and Rural Development
