The Plant Health (Forestry) Order 2005 (Version in vigour from 2013-11-11 to )

Consolidated Text

As Enacted

Cited authorities 32

Cited in

Currency	Unapplied
Coming into Force	11 November 2013

Contenidos

The Plant Health (Forestry) Order 2005
PART 1: GENERAL

Title and commencement
1
General interpretation
2

Inspectors
2A

PART 2: IMPORTS FROM THIRD COUNTRIES

Interpretation of Part 2
3
Application of Part 2
4

Prohibitions and restrictions on landing tree pests and relevant material
5

Advance notification of landing
6

Requirements for certificates
7

Exceptions from certain prohibitions and requirements
8

Exceptions from certain prohibitions and requirements
8

Presentation and display of documents
9

Prohibition on removal of relevant material from an area of plant health control
10

Exceptions from prohibition on removal of relevant material from area of plant health control
11

Plant health discharge
12

Request to an officer for Revenue and Customs for material to be detained
13

Power of an officer for Revenue and Customs
14

General provisions relating to certificates
15

Requirements to be met by relevant material prior to inspection at its place or country of destination
16

Approved places of inspection
17

PART 3: INTERNAL COMMUNITY CONTROLS ON MOVEMENT

Prohibitions and restrictions on landing tree pests and relevant material
18

Prevention of the spread of tree pests
19

Requirements for plant passports
20

Exceptions from certain prohibitions and requirements
21

Exceptions from certain prohibitions and requirements
21

Validity of plant passports for Great Britain
22

General provisions relating to plant passports
23

PART 4: REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

Registers of forestry traders
24

Obligation to register
25

Registration requirements
26

Conditions for maintaining registration as a forestry trader
27

Authority to issue plant passports
28

PART 5: SWISS TRADE AND SWISS PLANT PASSPORTS

Swiss trade and Swiss plant passports
29

PART 6: MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF TREE PESTS

Examination, sampling and marking
30

Actions which may be required by an inspector
31

Actions which may be taken by an inspector
32

Miscellaneous provisions as to notices
33

Service of notices
34

Information as to compliance with notices
35
Failure to comply with a notice
36

Power to enter premises used wholly or mainly as a dwelling
37

PART 7: LICENCES

Licences to carry out activities prohibited by this Order
38

Licences for trial or scientific purposes and for work on varietal selections permitted by Directive 2008/61/EC
39

PART 8: NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

Notification of the presence or suspected presence of certain tree pests
40

Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material
41

Information to be given
42

PART 9: OFFENCES

Offences
43

Penalties
44

PART 10: THE CUSTOMS ACT AND REVOCATION

The Customs Act
45
Revocation
46
SCHEDULE 1 Articles 5(1), 12(2), 18(1), 19(1), 23(4), 28(7), 31(5), 32(2), 40(2), 41(2) and 42(2)
Tree pests which shall not be landed in or spread within Great Britain

SCHEDULE 2 Articles 5(1), 12(2), 18(1), 19(1), 23(4), 28(7), 31(5), 32(2), 40(2), 41(2) and 42(2)
Prohibitions on the landing in and movement within Great Britain of infected relevant material

PART A: Relevant material which may not be landed in or moved within Great Britain if that material is carrying or infected with tree pests
PART A: Relevant material which may not be landed in or moved within Great Britain if that material is carrying or infected with tree pests
PART B: Relevant material which may not be landed in or moved within Great Britain (as a protected zone) if that material is carrying or infected with tree pests

SCHEDULE 3 Articles 5(1), 18(1) and 41(2)
Relevant material which may not be landed in Great Britain if that material originates in certain third countries
SCHEDULE 4 Articles 2(1), 5(1), 6(2), 12(2),15(4) and 18(1)
Restrictions on the landing in and movement within Great Britain of relevant material

PART A: Relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied
PART A: Relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied
PART B: Relevant material, from another part of the European Union, which may only be landed in or moved within Great Britain if special requirements are satisfied
PART B: Relevant material, from another part of the European Union, which may only be landed in or moved within Great Britain if special requirements are satisfied
PART C: Relevant material, from a third country or another part of the European Community, which may only be landed in or moved within Great Britain (as a protected zone) if special requirements are satisfied

SCHEDULE 5 Article 6(2)
Relevant material from a third country for which a phytosanitary certificate may be required

PART A: Relevant material which may only be landed in Great Britain if accompanied by a phytosanitary certificate
PART B: Relevant material which, if destined for certain protected zones, may only be landed in Great Britain if accompanied by a phytosanitary certificate

SCHEDULE 6 Articles 20(1) and (2) and 22(1)
Prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport

PART A: Relevant material, from another part of the European Union, which may only be landed or moved in Great Britain if accompanied by a plant passport
PART B: Relevant material, from another part of the European Community, which may only be landed or moved in Great Britain if accompanied by a plant passport which is valid for Great Britain (as a protected zone)

SCHEDULE 7 Article 20(5) and (6)
Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport

PART A: Relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport
PART B: Relevant material which may only be consigned to a protected zone in another part of the European Union if accompanied by a plant passport which is valid for that protected zone

SCHEDULE 8 Articles 2(1) and 29
Swiss plant passports

PART A: Relevant material originating in Switzerland which may be landed in or moved within Great Britain if accompanied by a Swiss plant passport
PART B: Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Great Britain if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

SCHEDULE 9 Article 2(1)
Requirements for plant passports

SCHEDULE 10 Article 15(1)
Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)

PART A: Form of phytosanitary certificate
PART B: Form of phytosanitary certificate for re-export

SCHEDULE 11 Article 15(1)
Form of phytosanitary certificate and form of phytosanitary certificate for re-export...

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