The Plant Protection Products Regulations 2011

Regulation 7(8)

SCHEDULE 1Powers of authorised persons

Powers of entry

1.—(1) An authorised person may enter any land if he or she has reasonable grounds to believe that any plant protection product is being, or has been, applied to or stored on it and that it is necessary to enter for the purpose of ensuring that these Regulations are complied with.

(2) An authorised person may only enter a private dwelling for the purpose of ensuring that these Regulations are complied with in accordance with a warrant granted under paragraph 2(1).

(3) An authorised person may enter any vehicle, vessel, aircraft, hovercraft or marine structure if he or she has reasonable grounds to believe that any plant protection product is being, or has been , stored in, transported on or applied by means of it and that it is necessary to enter for the purpose of ensuring that these Regulations are complied with.

(4) An authorised person must exercise powers of entry at a reasonable hour unless it appears to the authorised person that there are grounds for suspecting that the exercise of the power of entry may be frustrated if he or she seeks to exercise them at a reasonable hour.

(5) An authorised person who enters any unoccupied land must leave it as effectively secured against unauthorised entry as it was before his or her entry.

Search warrants

2.—(1) A justice of the peace in England and Wales, or a sheriff, stipendiary magistrate or justice of the peace in Scotland, may issue a warrant for entry on to any land used as a private dwelling for the purposes of the enforcement of these Regulations if satisfied that the authorised person has reasonable grounds for requiring entry and—

(a)admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;

(b)asking for admission, or the giving of such a notice, would defeat the object of the entry;

(c)the case is one of urgency; or

(d)the land is unoccupied or the occupier is temporarily absent.

(2) Where an authorised person applies for a warrant under paragraph 2(1), he or she must state—

(a)the grounds upon which the application is made;

(b)that the warrant would be issued under this Schedule to these Regulations; and

(c)what is being sought.

(3) An application for a warrant under paragraph 2(1) must be supported by an information in writing, in England and Wales, or by evidence on oath in Scotland.

(4) An application for a warrant under paragraph 2(1)(a) must be made on notice, and an application for a warrant under paragraph 2(1)(b), (c) or (d) must be made without notice.

(5) The authorised person shall answer on oath any question that the justice of the peace, sheriff or stipendiary magistrate hearing the application asks him or her.

(6) A warrant shall authorise entry on one occasion only.

(7) A warrant shall specify—

(a)the name of the person who applies for it;

(b)the date on which it is issued;

(c)that it is issued under this Schedule to these Regulations;

(d)the address of the private dwelling to be searched; and

identify, so far as is practicable, what is to be sought.

(8) The court shall provide two copies of the warrant certified as such.

Execution of warrants

3.—(1) Entry and search under a warrant must be within three months from the date of its issue.

(2) Where the occupier of the private dwelling which is to be entered and searched is present at the time when an authorised person seeks to execute a warrant to enter and search it, the authorised person shall—

(a)identify himself or herself to the occupier and shall produce to the occupier evidence of his or her authority;

(b)produce the warrant to the occupier; and

(c)supply the occupier with a certified copy of it.

(3) Where the occupier of the private dwelling is not present at the time when an authorised person seeks to execute such a warrant; but some other person who appears to the authorised person to be in charge of the land is present, sub-paragraph (2) shall have effect as if any reference to the occupier were a reference to that other person.

(4) If there is no person present who appears to the authorised person to be in charge of the private dwelling, the authorised person must leave a copy of the warrant in a prominent place on the land.

(5) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

(6) An authorised person executing a warrant shall make an endorsement on it stating whether what was sought was found.

(7) A warrant shall be returned to the designated officer for the local justice area in which the justice of the peace, sheriff or stipendiary magistrate was acting when the warrant was issued—

(a)when it has been executed; or

(b)in the case of a warrant which has not been executed, upon the expiry of three months from the date of its issue or sooner.

(8) In Scotland the designated officer is the sheriff’s clerk if the warrant was issued by a sheriff, and the clerk of the justice of the peace’s court if the warrant was issued by a justice of the peace or stipendiary magistrate.

(9) A warrant which is returned under sub-paragraph (7) shall be retained for 12 months from its return by the designated officer for the local justice area.

(10) If during the period for which a warrant is to be retained the occupier of the private dwelling to which it relates asks to inspect it, such inspection shall be allowed.

General powers

4.—(1) An authorised person exercising powers of entry pursuant to paragraph 1(1) or 1(3), or in accordance with a warrant granted under paragraph 2(1), may—

(a)take with him or her any person and equipment or materials he or she considers necessary for the enforcement of these Regulations;

(b)open any container;

(c)carry out any searches, inspections, measurements and tests;

(d)take samples;

(e)have access to, and inspect and copy any documents, books or records (in whatever form they are held) which the authorised person has reason to believe may be relevant in connection with the enforcement of these Regulations and remove them to enable them to be copied;

(f)photograph or copy anything which the authorised person has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and

(g)seize any computers and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable.

(2) Any person who accompanies an authorised person in accordance with paragraph 4(1)(a) may perform any of the authorised person’s functions but only under the supervision of that authorised person.

(3) Where an authorised person takes samples under paragraph 4(1)(d) he or she may only take an amount that is reasonably needed for the performance of his or her functions under these Regulations.

(4) Nothing in paragraph 4(1)(e), (f) or (g) shall be taken to compel the production by any person of a document which he or she would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court in England and Wales, or on grounds of confidentiality of communications in proceedings in the Court of Session in Scotland.

(5) An authorised person may require any person to give him or her information as to the formulation, effects or use of any substance.

(6) An authorised person performing functions under these Regulations may require a person whom he or she has reasonable cause to believe is able to give information which will assist in the execution of these Regulations—

(a)to answer such questions as the authorised person thinks it appropriate to ask; and

(b)to sign a declaration of the truth of the answers provided.

(7) Any person to whom questions are put under sub-paragraph (6) may nominate a person to be with him or her when he or she answers.

(8) When a person answers any such questions the only other persons who may be present, apart from the questioner, are—

(a)the person (if any) nominated under sub-paragraph (7); and

(b)any person authorised by the authorised person to be present.

(9) No answer given by a person in pursuance of a requirement imposed under sub-paragraph (6) shall be admissible in evidence in Great Britain against that person, his or her spouse, or his or her civil partner in proceedings for any offence.

Power of authorised person to use reasonable force

5.  An authorised person may use reasonable force, if necessary, whilst performing his or her functions under these Regulations.

Protection of authorised persons

6.  An authorised person shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his or her functions as an authorised person if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Seizure and disposal of products and requirements to recover or export

7.—(1) If an authorised person is of the opinion that a person is committing, has committed or is likely to commit an offence contrary to these Regulations, the authorised person has the power to—

(a)seize or dispose of the plant protection product or both, or serve a notice on the holder of any approval, authorisation or permission relating to the plant protection product, the owner of the plant protection product or any other person appearing to be in charge of it requiring him or her to dispose of it;

(b)seize or dispose of anything treated with the plant protection product (“treated item”) or both, or serve a notice on any person appearing to the authorised person to be the owner or the person in charge of anything so treated requiring him or her to dispose of it; or

(c)serve a notice on the holder of any approval, authorisation or permission relating to the plant protection product, the owner of the plant protection product or any other person appearing to the authorised person to be in charge of it requiring him or her to take such remedial action as appears to the authorised person to be necessary, including recovery of the plant protection product from the market in Great Britain.

(2) If an authorised person has exercised his or her power under sub-paragraph (1)(a) or (b) to seize or dispose, or both, he or she must serve a notice on the relevant person informing that person that the power has been exercised.

(3) If any plant protection product has been imported into Great Britain in contravention of Article 28(1) an authorised person may, by notice served on the person appearing to be the owner, the importer or the person in charge of the product, require that it shall be exported from Great Britain.

(4) A notice served under this paragraph must be in writing.

(5) A notice served under sub-paragraph (1) or (3) must give a time limit for compliance with the notice.

(6) A notice served under sub-paragraph (1), (2) or (3) must—

(a)state that the authorised person is of the opinion that a person is committing, has committed or is likely to commit an offence contrary to these Regulations and specify the offence;

(b)specify why the authorised person is of that opinion;

(c)identify the plant protection product or treated item seized or disposed of, or both; and

(d)state the quantity of the plant protection or treated item seized or disposed of, or both.

(7) An authorised person may withdraw a notice served under this paragraph at any time.

(8) An authorised person may serve a person with a notice under this paragraph even if a previous notice served on that person has been withdrawn.

(9) In sub-paragraph (2) “relevant person” means—

(a)for the purposes of a notice under sub-paragraph (1)(a), the holder of any approval, authorisation or permission relating to the plant protection product that has been seized, disposed of, or both, the owner of the plant protection product or any other person appearing to be in charge of it;

(b)for the purposes of a notice under sub-paragraph (1)(b), any person appearing to the authorised person to be the owner of anything treated with the plant protection product seized, disposed of, or both, or the person appearing to the authorised person to be in charge of anything so treated.

Enforcement Notices

8.—(1) If an authorised person is of the opinion that a person—

(a)is committing an offence under regulations 9 to 19; or

(b)has committed such an offence in circumstances that make it unlikely that the offence will be repeated,

he or she may serve on that person a notice that he or she is of that opinion, specifying the offence as to which he or she is of that opinion and directing them to take either of the steps set out at sub-paragraph (2).

(2) A notice under sub-paragraph (1) may direct—

(a)that any land, vehicle, vessel, aircraft, hovercraft or marine structure on or in which it appears that the offence was being committed or anything which is on or in it, shall be left undisturbed (whether generally or in particular respects) for as long as it appears to be reasonably necessary; or

(b)that remedial or preventative measures shall be taken.

(3) If an authorised person is of the opinion that a person is committing, or is likely to commit, an offence under regulations 9 to 19 he or she may serve on that person a notice—

(a)stating that opinion;

(b)specifying why he or she is of that opinion; and

(c)requiring that person to act in accordance with these Regulations or prohibiting that person from acting in contravention of these Regulations.

(4) A notice served under sub-paragraph (1) or (3) must be in writing and must give a time limit for compliance with the notice.

(5) An authorised person may withdraw a notice served under sub-paragraph (1) or (3) at any time.

(6) An authorised person may serve a person with a notice under sub-paragraph (1) or (3) even if a previous notice served on that person has been withdrawn.

Regulation 14(4)

SCHEDULE 2Adjuvants

1.  An adjuvant is authorised for use with an authorised plant protection product in England and Wales if it is included in a list of adjuvants published by the Secretary of State from time to time (in this paragraph referred to as “the English and Welsh list”) or, if not included in the English and Welsh list, if it is used with an authorised plant protection product for the sole purpose of research and development. A person may apply to the Secretary of State for an adjuvant to be included on the English and Welsh list.

2.  An adjuvant is authorised for use with an authorised plant protection product in Scotland if it is included in a list of adjuvants published by the Scottish Ministers from time to time (in this paragraph referred to as “the Scottish list”) or, if not included in the Scottish list, if it is used with an authorised plant protection product for the sole purpose of research and development. A person may apply to the Scottish Ministers for an adjuvant to be included on the Scottish list.

3.  The Secretary of State and the Scottish Ministers may, in relation to their respective lists, in relation to any adjuvant for which an application has been made for inclusion on their lists or which is included in their lists, at any time—

(a)determine data requirements (concerning human safety or environmental protection) to which the inclusion, or the continued inclusion, of that adjuvant in their lists shall be subject;

(b)determine requirements to which the use of that adjuvant with authorised plant protection products shall be subject; and

(c)for reasons of human safety or environmental protection, or with the consent of the applicant, amend any requirement which has been determined under sub-paragraph (a) or (b).

4.  The Secretary of State and the Scottish Ministers shall, in relation to any adjuvant included in their respective lists, also state any requirements which they have determined under paragraph 3(b) and any amendments to such requirements that have been made under paragraph 3(c).

5.  The Secretary of State and the Scottish Ministers may, in relation to any adjuvant included in their respective lists, remove that adjuvant from their lists—

(a)if it appears to the Secretary of State or the Scottish Ministers that the applicant has failed to comply with any data requirement which has been determined in relation to that adjuvant under paragraph (3)(a) or amended under paragraph 3(c);

(b)if it appears to the Secretary of State or the Scottish Ministers that any literature relating to the adjuvant is not in accordance with any requirement to which the use of that adjuvant is subject, as determined under paragraph (3)(b) or amended under paragraph 3(c);

(c)if it appears to the Secretary of State or the Scottish Ministers that—

(i)any literature relating to the adjuvant refers to a plant protection product; and

(ii)the use of that adjuvant with that plant protection product is not in accordance with the conditions of the authorisation given in relation to that plant protection product;

(d)for reasons of human safety or environmental protection; or

(e)at the request of the applicant.

6.  The Secretary of State and the Scottish Ministers shall, upon a decision to remove an adjuvant from their respective lists, include in their lists—

(a)that decision; and

(b)the date on which, and any conditions in accordance with which, the removal is to take effect.

7.—(1) In paragraph 5(c)(i), “literature relating to the adjuvant” means—

(a)the labelling of the packaging in which the adjuvant is contained;

(b)any leaflet accompanying that package; or

(c)any other material in writing produced by, or on behalf of, the applicant describing the adjuvant or how to use it.

(2) In paragraph 5(c)(ii), “authorisation” means any authorisation or permission granted, or deemed to be granted, in accordance with Regulation 1107/2009 and in paragraphs 1, 2 and 3(b) “authorised” shall be construed accordingly.

Regulation 27

SCHEDULE 3Service of documents

1.  The provisions of this Schedule apply to the service of a notice or requirement in writing under these Regulations.

2.  A notice or requirement may be served on, or given to, a person by—

(a)delivering it to that person in person;

(b)leaving it at that person’s proper address; or

(c)sending it by post or electronic means to that person’s proper address.

3.  In the case of a body corporate, a notice or requirement may be served on, or given to, a director of that body.

4.  In the case of a partnership, a notice or requirement may be served on, or given to, a partner or a person having control or management of the partnership business.

5.  If a person to be served with, or given, a notice or requirement has specified an address in the United Kingdom (other than that person’s proper address) at which that person or someone on that person’s behalf will accept service, that address must also be treated as that person’s proper address.

6.  For the purposes of this Schedule, “proper address” means—

(a)in the case of a body corporate or its director—

(i)the registered or principal office of that body; or

(ii)the email address of the secretary or clerk of that body;

(b)in the case of a partnership, a partner or person having control or management of the partnership business—

(i)the principal office of the partnership; or

(ii)the email address of a partner or a person having that control or management;

(c)in any other case, a person’s last known address, which includes an email address.

7.  In this Schedule, “partnership” includes a Scottish partnership.

Regulation 31(1)

SCHEDULE 4Amendments

Regulation 31 (2)

SCHEDULE 5Revocations