The Plant Health (England) Order 2005 (Version in vigour from 2005-10-03 to )

Consolidated Text

As Enacted

Cited authorities 31

Cited in

Currency	Unapplied
Coming into Force	03 October 2005

Contenidos

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

Title, commencement, extent and application
1

General interpretation
2

PART 2: IMPORTS FROM THIRD COUNTRIES

Interpretation of Part 2
3
Application of Part 2
4

Prohibitions and restrictions on landing plant pests and relevant material
5

Advance notification of landing
6

Requirements for certificates
7

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

Requirement for plant health movement document
18

PART 3: INTERNAL COMMUNITY CONTROLS ON MOVEMENT

Prohibitions on landing plant pests and relevant material
19

Prevention of the spread of plant pests
20

Requirements for plant passports
21

Exceptions from certain prohibitions and requirements
22

Validity of plant passports for England
23

General provisions relating to plant passports
24

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

Obligation to register
26

Registration requirements
27

Conditions for maintaining registration as a plant trader
28

Authority to issue plant passports
29

PART 5: SWISS TRADE AND SWISS PLANT PASSPORTS

Swiss trade and Swiss plant passports
30

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

Examination, sampling and marking
31

Actions which may be required by an inspector
32

Actions which may be taken by an inspector
33

Miscellaneous provisions as to notices
34

Service of notices
35

Information as to compliance with notices
36
Failure to comply with a notice
37

Power to enter premises used wholly or mainly as a dwelling
38

PART 7: PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES

Miscellaneous provisions for certain solanaceous species
39

PART 8: LICENCES

Licences to carry out activities prohibited by this Order
40
Licences for trial or scientific purposes and for work on varietal selections
41

PART 9: NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

Notification of the presence or suspected presence of certain plant pests
42

Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
43

Information to be given
44

PART 10: OFFENCES

Offences
45

Penalties
46

PART 11: THE CUSTOMS ACT AND REVOCATION

The Customs Act
47
Revocation
48
SCHEDULE 1 Articles 5(1), 12(2), 19(1), 20(1),24(4), 29(7), 32(5), 33(2), 42(2), 43(2) and 44(2)
Plant pests which shall not be landed in or spread within England

PART A: Plant pests not known to occur in any part of the European Community
PART B: Plant pests known to occur in the European Community

SCHEDULE 2 Articles 5(1), 12(2), 19(1), 20(1),24(4), 29(7), 32(5), 33(2), 42(2),43(2) and 44(2)
Relevant material which may not be landed in or moved within England if that material is carrying or infected with plant pests

PART A: Plant pests not known to occur in the European Community
PART B: Plant pests known to occur in the European Community

SCHEDULE 3 Articles 5(1), 19(1) and 43(2)
Relevant material which may not be landed in England if that material originates in certain third countries
SCHEDULE 4 Articles 5(1), 6(2), 12(2),15(3),19(1) and 20(1)
Restrictions on the landing in and movement within England of relevant material

PART A: Relevant material, from third countries, which may only be landed in England if special requirements are satisfied
PART B: Relevant material, from another part of the European Community, which may only be landed in or moved within England if special requirements are satisfied
PART C: Relevant material which may only be landed in or moved within England (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 England if accompanied by a phytosanitary certificate
PART B: Relevant material which, if destined for certain protected zones, may only be landed in England if accompanied by a phytosanitary certificate

SCHEDULE 6 Articles 21(1) and (2) and 23(1)
Prohibitions on the landing in and movement within England of relevant material without a plant passport

PART A: Relevant material, from England or elsewhere in the European Community, which may only be landed in or moved within England if accompanied by a plant passport
PART B: Relevant material, from England or elsewhere in the European Community, which may only be landed in or moved within England if accompanied by a plant passport which is valid for England (as a protected zone)

SCHEDULE 7 Article 21(5) and (6)
Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport

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

SCHEDULE 8 Articles 2(1) and 30
Swiss plant passports

PART A: Relevant material originating in Switzerland which may be landed in or moved within England 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 England 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

PART A: Requirements for plants passports for any relevant material in Schedule 6 or 7
PART B: Requirements for plant passports permitted for certain material in Schedule 6 or 7

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 permitted by article 15(1)

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

SCHEDULE 12 Article 6(3)
Notice of landing

PART A
PART B

SCHEDULE 13 Article 2(1)
Plant health movement document

PART A
PART B

SCHEDULE 14 Article 39(6)
Special measures for the control of...

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