Specification for Local Authorities to enforce new enforcement regulations in England and Wales

Regulatory Update: 38/2011

Issued: 13 October 2011

Regulation EC 1107/2009 concerns the marketing and use of plant protection products (pesticides) are directly applicable in the United Kingdom. The Plant Protection Products Regulations 2011 (SI 2011/2131) which came into force on 24 September 2011 lays down powers of enforcement, offences and penalties for infringements of Regulation 1107/2009.

The enforcement powers are similar to those which existed in relation to the marketing and use of plant protection products under the Food and Environment Protection Act 1985, the Control of Pesticide Regulations 1986 (as amended) and the Plant Protection Product Regulations 2005 and should not result in any additional enforcement activity. However, any existing authorisation/warrant held by the relevant local authority officers will need to be amended to reflect the new powers.

Regulation 7 (5) of the Plant Protection Products Regulations 2011 requires the Secretary of State and the Welsh Ministers acting jointly, to specify descriptions of local authority officers who may be authorised by a local authority to exercise those enforcement powers. These powers relate only to premises for which the local authority is the enforcing authority by virtue of regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998.