Blight Disease (Jersey) Order 1982

Revised Edition

01.640.20

Showing the law as at 1 January 2006

This is a revised edition of the law

Blight Disease (Jersey) Order 1982

Arrangement

Article

1            Interpretation

2            Measures for combatting blight

3            Destruction of volunteer potatoes

4            Power of entry

5            Service of notices

6            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Endnote References



Blight Disease (Jersey) Order 1982[1]

THE ECONOMIC DEVELOPMENT COMMITTEE, in pursuance of Article 2 of the Destructive Insects and Pests (Jersey) Law 1960,[2] orders as follows –

Commencement [see endnotes]

1      Interpretation

In this Order, unless the context otherwise requires –

“blight” means the disease caused by the fungus Phytophthora infestans;

“general notice” means a notice published in the Jersey Gazette;

“inspector” means a person appointed by the Minister to act as such for the purposes of this Order;

“Law” means the Destructive Insects and Pests (Jersey) Law 1960;[3]

“occupier” means, in relation to any land, the person having the use of the land;

“potatoes” includes any part of the potato plant;

“volunteer potatoes” means any potatoes growing in land, other than potatoes which have been planted for cropping.

2      Measures for combatting blight

(1)    The occupier of any land shall, if so required by a general notice or by a notice served on the occupier by an inspector, carry out on the land, within such time (if any) as may be specified in the notice, such measures for combatting blight as may be so specified.

(2)    In any case where the occupier of any land fails to carry out any measures specified in a notice under paragraph (1) within such time (if any) as may be so specified, the Minister may, without prejudice to any proceedings in respect of such default, cause those measures to be carried out and, in such a case, may recover from the occupier, as a civil debt, the expenses incurred in so doing.

3      Destruction of volunteer potatoes

Every occupier of land shall destroy or cause to be destroyed, forthwith upon appearance, all volunteer potatoes growing in land in the occupier’s occupation.

4      Power of entry

(1)    An inspector may, subject to the production by the inspector if so required of evidence of his or her authority, enter on any land for the purpose –

(a)     of inspecting and taking samples of any potatoes or tomatoes growing in or found on the land; and

(b)     of exercising such other powers as may be necessary for carrying this Order into effect.

(2)    The occupier of any land and any person in the occupier’s employment shall render to an inspector all such reasonable assistance and furnish the inspector with such information as the inspector may require for the purposes of this Order.

5      Service of notices

A notice authorized to be served under this Order on the occupier of any land may –

(a)     be delivered to the occupier personally or sent to the occupier by post at the occupier’s usual or last known place of abode or place of business, or, in the case of a company, at its registered office or place of business; or

(b)     where the time specified in the notice for the carrying out of the measures specified in the notice does not exceed 24 hours and the identity or the place of abode or place of business of the occupier is unknown, be affixed to the land.

6      Citation

This Order may be cited as the Blight Disease (Jersey) Order 1982.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Blight Disease (Jersey) Order 1982



R&O.7038



7 April 1982



States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005



R&O.132/2005



9 December 2005



Table of Endnote References



[1]



This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



chapter 01.640



[3]



chapter 01.640