Import and Export of Trees, Wood and Bark (Health) Great Britain) Order 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/449 |
1980 No. 449
PLANT HEALTH
The Import and Export of Trees, Wood and Bark (Health) Great Britain) Order 198028thMarch 1980
9thApril 1980
1stMay 1980
ARRANGEMENT OF ARTICLES
Article
1. Citation, extent and commencement.
2. Interpretation.
3. Exception of certain trees, wood, isolated bark and soil.
4. Prohibition of the landing of certain tree pests and genetically manipulated material.
5. Prohibition of the landing of trees, wood and isolated bark when carrying or infected with certain tree pests.
6. Prohibition of the landing of trees and isolated bark specified in Schedule 3 and grown in certain countries.
7. Special conditions for the landing of trees, wood, isolated bark and soil specified in Schedule 4.
8. Certificates to accompany consignments of trees, wood, isolated bark or soil imported from Member States.
9. Certificates to accompany consignments of trees, wood, isolated bark or soil imported from third countries.
10. Consignments of wood or isolated bark the origin of which is to be declared.
11. Certificates to accompany consignments of trees, wood, isolated bark or soil exported from Great Britain to Member States.
12. General provisions relating to phytosanitary certificates and reforwarding phytosanitary certificates.
13. Examination, sampling and marking.
14. Procedure when trees, wood, isolated bark or soil are landed or likely to be landed in contravention of this Order.
15. Procedure when a tree pest or genetically manipulated material is landed or likely to be landed in contravention of this Order.
16. Persons accompanying or authorised by an inspector.
17. Powers of an Officer of Customs and Excise.
18. Licences.
19. Information to be given.
20. Service of notices.
21. Offences.
22. Revocation.
ARRANGEMENT OF SCHEDULES
Schedule
1. Tree pests the landing of which is prohibited.
2. Tree pests the landing of which is prohibited if carried on or infecting certain trees or wood.
3. Trees and isolated bark the landing of which is prohibited when grown in specified countries.
4. Special conditions subject to which the landing is permitted in Great Britain of specified trees, wood, isolated bark and soil.
5. Phytosanitary certificates to accompany imported trees, wood, isolated bark and soil.
6. Wood and isolated bark the origin of which is to be declared.
7. Trees, wood, isolated bark and soil which, subject to the provisions of article 11, must be accompanied by a phytosanitary certificate before being exported from Great Britain to a Member State.
8. Phytosanitary certificate and reforwarding phytosanitary certificate forms.
The Forestry Commissioners, by virtue and in exercise of the powers vested in them by sections 2 and 3(1), (2) and (4) of the Plant Health Act 1967(a), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(b), and of every other power enabling them in that behalf, hereby make the following Order:—
(a) 1967 c. 8; section 3(4) was amended by the Criminal Justice Act 1967 (c. 80), section 92(2) and Schedule 3, Part II; sections 2(1), 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8.
(b) 1972 c. 62.
Citation, extent and commencement
1. This Order, which may be cited as the Import and Export of Trees, Wood and Bark (Health) (Great Britain) Order 1980, shall apply to Great Britain and shall come into operation on 1st May 1980.
Interpretation
2.—(1) In this Order, unless the context otherwise requires,—
"the Commissioners" means the Forestry Commissioners;
"Customs Act" means the Customs and Excise Management Act 1979(a);
"Europe" includes the Canary Islands but does not include the Azores, Cyprus or Malta or the following regions of the Union of Soviet Socialist Republics namely the Kazakh, Kirghiz, Tadzhik, Turkmen and Uzbek Soviet Socialist Republics and the following regions of the Russian Soviet Federal Socialist Republic namely the Buryat, Yakut and Tuva Autonomous Soviet Socialist Republics, the Altai, Khabarovsk, Krasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalim, Tomsk and Tyumen Oblasts;
"genetic manipulation" means the formation of new combinations of heritable material by the insertion of nucleic acid molecules, produced by whatever means outside the cell, into any virus, bacterial plasmid or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation;
"genetically manipulated material" means any material which has been derived from any activity which has involved genetic manipulation and which is in the opinion of the Commissioners likely to result in the production of a tree pest;
"importer" in relation to any tree, wood, isolated bark, soil, tree pest or genetically manipulated material includes:—
(a) any person who, whether as owner, consignor or consignee, agent, broker or otherwise, is in possession of or in any way entitled to the custody or control of the tree, wood, isolated bark, soil, tree pest or genetically manipulated material; and
(b) any person by whose action the tree, wood, isolated bark, soil, tree pest or genetically manipulated material is likely to be landed or has been landed in Great Britain;
"inspector" means any person authorised by the Commissioners for the purposes of this Order;
"isolated bark" means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree, and where the context admits includes any packing material or container associated therewith;
"landed" includes imported by post and "landing" shall be construed accordingly;
(a) 1979 c.2.
"log" means the trunk of any felled or fallen tree which has been trimmed or any length of such trunk which has been trimmed, or any branch, or any length of such branch, which has been trimmed, severed from a living or felled or fallen tree;
"Member State" means a Member State of the European Community other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands;
"North America" means the geographical area comprising the following countries namely Canada, Mexico and the United States of America (except the state of Hawaii);
"non-indigenous tree pest" means a tree pest which in the opinion of the Commissioners is not established in Great Britain;
"official statement" means in relation to any tree, wood, isolated bark or soil a statement given by or on behalf of the Plant Protection Service of the country in which the tree, wood, isolated bark or soil was grown or originated;
"phytosanitary certificate" means a certificate either in the form set out in Schedule 8, Part I or the equivalent written in a language other than English;
"place of production" means any nursery, forest or area of land normally worked as a unit for the production of trees;
"premises" includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
"reforwarding phytosanitary certificate" means a certificate either in the form set out in Schedule 8, Part II or the equivalent written in a language other than English;
"third country" means a country or territory other than a Member State, the United Kingdom, the Isle of Man or any of the Channel Islands;
"tree" means a living tree or any living part thereof at any stage of its growth, including any tissue culture of such tree or living part of such tree or any fruit or seed of a tree, of a genus or species some or all of the forms or varieties of which are grown in Great Britain for the production of wood and includes, where the context admits, any soil or other growing medium, packing material or container associated therewith;
"tree pest" means a living organism, other than a vertebrate animal, or a pathogen, which is injurious to any tree or the wood thereof and includes a culture of such organism or pathogen;
"wood" means any log, sawn wood and any dunnage, pallet, container or other packing material consisting of wood, which retains some or all of its bark or any part of the rounded surface of the tissues immediately below the bark, but does not include chips.
(2) Any reference in this Order to a particular article or a numbered Schedule shall be construed as a reference to the article or Schedule so numbered in this Order.
(3) Any reference in this Order to a Member State, Great Britain or third country includes reference to a state, province or region within that Member State, Great Britain or third country.
Exception of certain trees, wood, isolated bark and soil
3. The provisions of this Order except articles 11, 12, 19 and 21 shall not apply in relation to any tree, wood or isolated bark grown in Great Britain, or any soil originating therefrom, except that all the provisions of this Order shall apply in relation to any such tree, wood, isolated bark or soil which has been exported from Great Britain and subsequently re-imported into Great Britain.
Prohibition of the landing of certain tree pests and genetically manipulated material
4. The landing in Great Britain of—
(a) any tree pest of a description specified in Schedule 1 or in the first column of Schedule 2;
(b) any non-indigenous tree pest not being a tree pest of a description specified in Schedule 1 or in the first column of Schedule 2;
(c) any tree pest which has been subjected to genetic manipulation or any genetically manipulated material
is hereby prohibited.
Prohibition of the landing of trees, wood and isolated bark when carrying or infected with certain tree pests
5. The landing in Great Britain of—
(a) any tree, wood or isolated bark which is carrying or is infected with any tree pest of a description specified in Schedule 1;
(b) any tree or wood of a description specified in the second column of Schedule 2 which is carrying or is infected with any tree pest specified in the first column of...
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