The Plant Health (Sweet Chestnut Blight) (England) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/178 |
2017 No. 178
Plant Health, England
The Plant Health (Sweet Chestnut Blight) (England) Order 2017
Made 20th February 2017
Laid before Parliament 21th February 2017
Coming into force 21th February 2017
The Secretary of State, in exercise of the powers conferred by sections 3(1), (2) and (4) and 4(1) of the Plant Health Act 19671, and now vested in the Secretary of State2, and the Forestry Commissioners, in exercise of the powers conferred on them by those sections, make this Order.
Citation, commencement, extent and application
1.—(1) This Order may be cited as the Plant Health (Sweet Chestnut Blight) (England) Order 2017 and comes into force at 4.00 p.m. on 21st February 2017.
(2) This Order extends to England and Wales but applies to England only.
Interpretation
2.—(1) In this Order—
“the 2005 Order” means the Plant Health (Forestry) Order 20053;
“the 2015 Order” means the Plant Health (England) Order 20154;
“competent authorities” means the Secretary of State and the Forestry Commissioners;
“inspector” means any person authorised—
(a) by the Secretary of State to be an inspector for the purposes of the 2015 Order;
(b) by the Forestry Commissioners to be an inspector for the purposes of the 2005 Order;
“premises” has the same meaning as in the 2005 Order and the 2015 Order;
“susceptible material” means—
(a) any plants for planting, other than seeds;
(b) any trees, other than fruit, seeds, leaves or foliage; or
(c) any wood or isolated bark;
“sweet chestnut blight” means the fungal disease caused by the fungusCryphonectria parasitica (Murrill) Barr or that fungus.
(2) For the purposes of paragraph (1)—
“isolated bark” has the same meaning as in the 2005 Order;
“plant” has the same meaning as in the 2015 Order;
“planting” has the same meaning as in Article 2(1)(c) of Council Directive 2000/29/ECon protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community5;
“tree” has the same meaning as in the 2005 Order;
“wood” means any wood, other than in the form of wood packaging material or dunnage, which—
(a) retains part or all of its natural round surface (with or without bark); or
(b) is in the form of chips, waste wood, logs, billets, twigs, faggots or other similar forms.
Demarcated areas
3.—(1) Where an inspector has confirmed the presence of sweet chestnut blight on any premises, the competent authorities may, by notice, demarcate an area in relation to the infestation.
(2) An area demarcated under paragraph (1) must be of such size as the competent authorities consider appropriate to reduce the risk of spread of sweet chestnut blight, taking into account—
(a)
(a) scientific and technical evidence and principles;
(b)
(b) the biology of sweet chestnut blight;
(c)
(c) the presence and biology of susceptible material ofCastanea sativa andQuercus L.;
(d)
(d) other appropriate information concerning the presence or possible presence of sweet chestnut blight.
(3) A notice under paragraph (1)—
(a)
(a) must be in writing,
(b)
(b) must describe the extent of—
(i) the demarcated area,
(ii) the area which is to be treated as the infested area, and
(iii) any area which is to be treated as the controlled area,
(c)
(c) must specify the date on which the prohibitions in article 4(2) are to commence,
(d)
(d) must be published in a manner appropriate to bring it to the attention of the public, and
(e)
(e) may be amended or revoked, in whole or in part, by further notice.
(4) Any premises which are partly within the infested area are to be treated as being within the infested area and any premises which are partly within any controlled area and not within the infested area are to be treated as being within the controlled area.
Prohibition on the movement of susceptible material
4.—(1) This article applies where a notice of a demarcated area is issued under article 3(1).
(2) No person may move—
(a)
(a) any susceptible material ofCastanea sativa orQuercus L. out of or within the infested area specified in the notice, or
(b)
(b) any susceptible material ofCastanea sativa out of or within any controlled area specified in the notice,
without the written authority of an inspector.
(3) The prohibitions in paragraph (2) apply on or after the date specified in the notice and cease to apply on the date on which the notice is revoked or otherwise ceases to have effect.
(4) Paragraph (2) does not apply to the movement of—
(a)
(a) any susceptible material ofQuercus L. which enters and exits the infested area without stopping;
(b)
(b) any susceptible material ofCastanea sativa which enters and exits the infested area or any controlled area without stopping;
(c)
(c) any susceptible material ofCastanea sativa or Quercus L. which is authorised by a notice issued by an inspector under the 2005 Order or the 2015 Order before the date on which the prohibitions in paragraph (2) commence;
(d)
(d) any susceptible material ofCastanea sativa or Quercus L. authorised by a licence granted by the Secretary of State under the 2015 Order or by the Forestry Commissioners under the 2005 Order.
Powers of inspectors
5.—(1) Where an inspector has reasonable grounds for suspecting that there is present on any premises any susceptible material of Quercus L. or Castanea sativa that is being moved or has been...
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