- a regulator in the United Kingdom
means— (a) in relation to England,... the Office of Qualifications and Examinations Regulation;
- accredited award
means an award accredited by a regulator in the United Kingdom or an award that is offered by a body that is subject to independent review by a regulator in the United Kingdom;
- advisor
means any person who has acquired adequate knowledge of and advises on pest management and the safe use of plant protection products, in the context of a professional capacity or commercial service, including private, self-employed and public advisory services, commercial agents, food producers and retailers where applicable;
- aerial spraying
means the application of plant protection products from an aircraft (plane or helicopter) and “aerial spray” shall be construed accordingly;
- aerial spraying permit
means a permit issued by the appropriate United Kingdom competent authority authorising aerial spraying;
- agriculture
includes— (a) the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not);
- Annual turnover
means the amounts derived from the provision of goods and services falling within the distributor's ordinary activities, after deduction of—
- approvals register
has the meaning given in Article 3(31B) of Regulation 1107/2009.”
- areas used by the general public
includes public parks and gardens, sports and recreation grounds, school grounds and children's playgrounds;
- authorised
means authorised in accordance with Regulation 1107/2009.
- authorised person
means a person authorised in accordance with regulation 20(1);
- awarding body
means a body responsible for implementing a certification system;
- contract of employment
means a contract of service, whether express or implied, and (if it is express) whether oral or in writing.
- Crown interest
means any interest belonging to Her Majesty in right of the Crown or belonging to a government department or an office holder in the Scottish Administration or held in trust for Her Majesty for the purposes of a government department or the Scottish Administration;
- Crown occupation
means occupation by Her Majesty in right of the Crown or occupation by a government department or the Scottish Administration;
- distributor
means any person who makes a plant protection product available on the market, including wholesalers, retailers, vendors and suppliers;
- Duchy interest
means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.
- Employee
means an individual who has entered into or works under a contract of employment.
- enforcement powers
means the powers set out in Schedule 3.
- environment
means waters (including groundwaters, surface water, transitional waters, coastal waters and marine waters), sediment, soil, air, land, flora and fauna (indigenous or not), and any interrelationship between them, and any relationship with other living organisms;
- Financial year
means the period of twelve months for which the income of the distributor is computed for the purposes of the tax legislation that applies to it.
- groundwater
means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
- inspected
means inspected under a system implemented by a body designated pursuant to Article 8(6);
- inspection certificate
means evidence in writing that plant protection product application equipment has passed inspection.
- local authority
means—
- Ministers
means the Secretary of State, the Scottish Ministers or the Welsh Ministers;
- other equipment
means plant protection product application equipment to which this regulation applies.
- partnership
includes a Scottish partnership.
- passed inspection
has the same meaning as in regulation 6(5).
- plant protection product
has the same meaning as in Article 2(1) of Regulation 1107/2009;
- plant protection product application equipment
means any apparatus specifically designed for the application of plant protection products, including accessories that are essential for the effective operation of such equipment, such as nozzles, manometers, filters, strainers and cleaning devices for tanks;
- plant protection product authorised for agricultural use
means a plant protection product (other than a plant protection product with methyl bromide or chloropicrin as one of its active substances) authorised for one or more of the following uses—
- Preceding financial year
means the financial year immediately preceding the distributor's current financial year.
- premises
includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft, hovercraft or marine structure;
- professional product
means a plant protection product authorised for professional use.
- professional user
means any person who uses plant protection products in the course of their work activities, including operators, technicians, employers and self-employed people, both in the farming and other sectors and “professional use” shall be construed accordingly;
- proper address
means—
- Regulation 1107/2009
means Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council;
- Regulation 1272/2008
means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time;
- relevant person
means—
- sealed surfaces
means surfaces that do not allow liquid to pass through them;
- specified certificate
means— (a) a certificate of competence relating to plant protection products recognised by Ministers having been published in a list by Ministers before 18th July 2012, for the purposes of paragraph 4 or 5 of Schedule 2, or paragraphs 7 or 8 of Schedule 3, to the Control of Pesticides Regulations 1986;
- surface water
means— (a) inland waters, except groundwater;
- the appropriate United Kingdom competent authority
means— (a) in relation to England..., the Secretary of State;
- the Department
means the Department of Agriculture and Rural Development in Northern Ireland;
- the Directive
means Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council, as read in accordance with Schedule A1, of which Annexes I to IV are as amended from time to time;
- transitional waters
means bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows;
- under supervision
means under the direct and personal supervision, and in the presence, of a person who holds a specified certificate, where such supervision is being provided for the purposes of training.
- vulnerable groups
means persons needing specific consideration when assessing the acute and chronic health effects of plant protection products, including pregnant and nursing women, the unborn, infants and children, the elderly and workers and residents subject to high plant protection product exposure over the long term.