Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1478 |
| Year | 2002 |
2002 No. 1478
PLANT HEALTH
The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002
Made 6th June 2002
Laid before Parliament 6th June 2002
Coming into force 27th June 2002
The Forestry Commissioners, in exercise of the powers conferred on them by sections 2, 3(1), (2)(b) and (4) of the Plant Health Act 19671, hereby make the following Order:
Title and commencement
1. This Order may be cited as the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002 and shall come into force on 27th June 2002.
Interpretation
2.—(1) In this Order—
(a)
(a) “inspector” means any person authorised to be an inspector for the purposes of the principal Order;
“origin” means in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
a reference in respect of susceptible material to the place where material is produced shall be construed as referring to “the place of production” of that material as defined in the principal Order;
“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 19932;
“susceptible material” means the trees, bark or wood described in the first column of the Schedule; and
(b)
(b) the following words have the meaning given them in the principal Order—
Customs Act
Great Britain
Growing medium
Isolated bark
Land, landed and landing
Phytosanitary certificate
Reforwarding phytosanitary certificate
Seed
Soil
Tree
Tree in tissue culture
Wood.
(2) Unless otherwise stated, a reference in this Order to a numbered article refers to the article so numbered in this Order; a reference to a paragraph refers to a paragraph in the article in which the reference appears; and references to “the Schedule” refer to the Schedule to this Order.
Landing susceptible material from the USA
3.—(1) This article does not apply to susceptible material consigned directly to Great Britain from another member State, the Channel Islands, the Isle of Man or from elsewhere in the United Kingdom.
(2) Except under the authority of a licence granted by virtue of article 5—
(a)
(a) no person shall land in Great Britain susceptible material originating in the USA unless the susceptible material meets such conditions of landing as are specified in the second column of the Schedule; and
(b)
(b) no person acting in the course of a trade or business shall move or keep any susceptible material landed in breach of paragraph (a).
(3) Susceptible material landed in breach of paragraph (2) shall be prohibited within the meaning of the Customs Act3.
Provisions as to phytosanitary certificates and reforwarding phytosanitary certificates
4.—(1) The provisions of this article apply where a phytosanitary certificate or re-forwarding phytosanitary certificate is required by virtue only of this Order to accompany susceptible material landed in Great Britain.
(2) Subject to paragraph (3), a phytosanitary certificate required under this Order may be issued in a country other than the country of origin to the extent that any condition of landing specified in the Schedule can be fulfilled at a place other than in the country of origin.
(3) Where, after a phytosanitary certificate has been issued in respect of susceptible material the subject of this Order, the consignment to which that certificate relates has been stored, repacked or split up in a country other than that in which the certificate was issued, the consignment shall be accompanied by a reforwarding phytosanitary certificate issued in that other country which meets the requirements of this Order.
(4) The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply in respect of any phytosanitary certificate or reforwarding phytosanitary certificate required under this Order as if the susceptible material the subject of this Order were the “relevant material” referred to in article 12 of the principal Order.
Application of provisions in the principal Order for licences for scientific research purposes
5.—(1) The provisions of article 28A (“article 28A”) of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of susceptible material originating in the USA (other than that consigned to Great Britain from another member State, the Channel Islands, the Isle of Man or elsewhere in the United Kingdom) which does not fulfil the conditions of landing specified in the Schedule as if the susceptible material were “relevant material” the landing, movement or keeping of which would, but for a licence granted under article 28A, be prohibited under...
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