Plant Health (Great Britain) (Amendment) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/553 |
| Year | 1989 |
1989No. 553
PLANT HEALTH
The Plant Health (Great Britain) (Amendment) Order 1989
22ndMarch1989
5thApril1989
Article 2(2)Article 2(2)
1stJanuary1990
Remainder
26thApril1989
The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred by sections 1(2)(b), 2, 3(1), (2), (3) and (4) and 4(1) of the Plant Health Act 1967 ( a) and now vested in them ( b) and of all other powers enabling them in that behalf, hereby make the following Order:
Title, extent, commencement and interpretation
1.-(1) This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1989, shall apply to Great Britain and except for article 2(2), shall come into force on 26th April 1989.
(2) Article 2(2) of this Order shall come into force on 1st January 1990.
(3) In this Order "the principal Order" means the Plant Health (Great Britain) Order 1987 ( c).
Amendment of the principal Order
2. The principal Order shall be amended as follows:-
(1) in article 3(1) (interpretation) there shall be inserted, in alphabetical order as appropriate, the following definitions:
""Beet Rhizomania Disease" means the disease caused by Beet Necrotic Yellow Vein virus;
"Classified basic seed potatoes" means seed potatoes produced in the protected region as defined in article 22 in relation to which a basic seed potatoes certificate has been issued in accordance with the Seed Potatoes Regulations 1984 ( d);
(a) 1967 c.8; sections 2(1), 3(1) and (2) and 4(1) were amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48) and is to be read, as regards England and Wales, with S.I. 1984/447 and section 52(4) of the Criminal Justice Act 1988 (c.33) and, as regards Scotland, with section 289G(13) of the Criminal Procedure (Scotland) Act 1975 (c.21), as inserted by section 66 of the Criminal Justice (Scotland) Act 1987 (c.41), and S.I. 1984/526.
(b) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
(c) S.I. 1987/1758.
(d) S.I. 1984/412, amended by S.I. 1987/547, 1988/1759.
"early potatoes" means potatoes-
(a) harvested before 31st July in the year of planting, and(b) marketed for human consumption immediately after being harvested;"official label" means a label supplied in accordance with the requirements of the Seed Potatoes Regulations 1984;";
(2) after paragraph (3) of article 22 (restriction on the movement to and planting of potatoes in the protected region) there shall be inserted the following paragraphs-
"(3A) No person shall plant or cause or permit to be planted in the protected region any potatoes other than classified basic seed potatoes or one year's direct progeny of classified basic seed potatoes where that direct progeny has been grown by that person.
(3B) The provisions of paragraph (3A) above shall not apply where the area to be planted is less than 0.1 hectare or is to be used for the production of early potatoes.
(3C) Any person who plants seed potatoes in the protected region other than for the production of seed potatoes shall retain and make available to an authorised officer documentary evidence showing that the seed potatoes planted were classified basic seed potatoes or were one year's direct progeny of classified basic seed potatoes where such progeny has been grown by that person.
(3D) The documentary evidence required by paragraph (3C) of this article shall be in the form of-
(a) an official label together with either an invoice or delivery note; or(b) a certificate of classification where the potatoes planted are either classified basic seed potatoes, or their direct progeny, and where the seed potatoes, or their direct progeny, were produced by the certificate holder.";(3) in paragraph (4) of article 22 for the words "paragraph (3)" there shall be substituted the words "paragraphs (3) and (3A)";
(4) in articles 23 (display of notices) and 24 (restriction on entry to infected premises) after the words "Colorado Beetle" there shall be inserted the words "or Beet Rhizomania Disease";
(5) after article 24 there shall be inserted the following article-
"24A. The restriction in article 24 shall not apply to a person who enters premises declared infected with Colorado Beetle or Beet Rhizomania Disease for the purpose of saving life or property.";
(6) in paragraph (2) of article 46 for the words "article 4" there shall be substituted the words "article 12";
(7) in article 47 for the words "not exceeding £2,000" there shall be substituted the words "not exceeding level 5 on the standard scale.";
(8) in Part IA of Schedule 1 after Item 18 there shall be inserted the following Items-
"19. Anomala orientalis (Waterhouse)-Oriental beetle
20. Enarmonia prunivora (Walsh)-Lesser Appleworm
21. Naccobus aberrans (Thorne) Thorne & Allen-False Root Knot Nematode
22. Opogona sacchari (Bojer)-Sugarcane Borer
23. Premnotrypes spp (Non-European)-Andean Potato Weevils
24. Xiphinema americanum Cobbsensu lato (Non-European populations)-a Dagger Nematode
25. Thrips palmi Karny-Palm Thrips.";
(9) in Part IB of Schedule 1 after Item 2 there shall be inserted the following Item-
"3. Xyella fastidiosa (Wellset al.)-Grapevine Pierce's disease bacterium.";
(10) in Part IC of Schedule 1 after Item 2 there shall be inserted the following Items-
"3. Gymnosporangium spp (Non-European)-Fruit Tree/Juniper Rusts.
4. Sclerotinia fructicola...
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