Plant Health Act 1967
| Jurisdiction | UK Non-devolved |
| Citation | 1967 c. 8 |
| Year | 1967 |
references to pests are to be taken as references to insects, bacteria, fungi and other vegetable or animal organisms, viruses and all other agents causative of any transmissible disease of agricultural or horticultural crops or of trees or bushes, and also as including references to pests in any stage of existence;references to a crop are to be taken as including references to trees and bushes.for Scotland, the Scottish Ministers,as regards the protection of forest trees and timber from attack by pests (“timber” for this purpose including all forest products) , the Forestry Commissioners, andotherwise, ... the Secretary of State ..., andfor Wales, the Welsh Ministers.(1) A competent authority may from time to time make such orders as the authority thinks expedient (2) Where it appears to the competent authority that the landing in Great Britain of articles of any description (and in particular plants, trees or bushes or any part or produce thereof) is likely to introduce a pest into Great Britain, the orders may prohibit or regulate the landing of those articles, and may direct or authorise their destruction if landed (without prejudice to provisions of F2the Customs and Excise Management Act 1979imposing penalties or liability to forfeiture) .(3) (1) A competent authority may from time to time make such orders as the authority thinks expedient the removal F5treatmentor destruction of any crop, or any seed, plant or part thereof F6or any container, wrapping or other article, or any substance, which has on it, or is infected with, a pest, or to or by means of which a pest is in the opinion of the competent authority likely to spread;the entering on any land F6or elsewherefor the purpose of any removal F5treatmentor destruction authorised by the orders, or any examination or inquiry so authorised, or for any other purpose of the orders.(3) The orders may prohibit the selling or exposing or offering for sale, or the keeping, of living specimens of a pest, or the distribution in any manner of such specimens.(4) An order made by a competent authority under this section may provide that a person guilty of an offence against the order be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale, . . . or not exceeding a lesser amount.(4A) (5) Proceedings for an offence against an order under this section may, . . . to remove or destroy, or cause to be removed or destroyed, any crop, or any seed, plant or part thereof, which has on it, or is infected with, the pest, or to or by means of which the pest is likely to spread; andgenerally to take such steps as he may think expedient in connection with any crop, or any seed, plant or part thereof, for preventing the spread of the pest;to enter on any land F10or elsewherefor the said purposes, or for the purpose of any examination or inquiry authorised by the orders, or for any other purpose of the orders;(2) The Minister or Secretary of State may pay compensation in respect of any crop, or any seed, plant or part thereof, which is removed or destroyed by or under the instructions of an inspector authorised by him; and its value shall be taken to be the value which it has at the time of the removal or destruction and, if the Minister or Secretary of State so requires, shall be ascertained by his officers or by arbitration.(3) The expenses of the Minister and Secretary of State in the execution of this Act, including any compensation under subsection (2) above, shall be paid out of moneys provided by Parliament, but shall not without the consent of the Treasury exceed two thousand pounds in any year.
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