Restriction on Movement of Spruce Wood Order 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/1457 |
1982 No. 1457
PLANT HEALTH
The Restriction on Movement of Spruce Wood Order 198212thOctober 1982
19thOctober 1982
20thOctober 1982
The Forestry Commissioners, in exercise of the powers conferred on them by section 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 all other powers enabling them in that behalf, hereby make the following Order:—
Title, commencement and extent
1.—(1) This Order may be cited as the Restriction on Movement of Spruce Wood Order 1982 and shall come into operation on 20th October 1982.
(2) This Order extends to Great Britain.
Interpretation
2. In this Order:—
"the Commissioners" means the Forestry Commissioners;
"inspector" means a person authorised by the Commissioners to act on their behalf for the purposes of this Order and in article 3(2)(a) of this Order includes an inspector as defined in the 1980 Order;
"the 1980 Order" means the Tree Pests (Great Britain) Order 1980(c);
"premises" includes land and any vehicle, vessel or freight container;
"spruce wood" means so much of the trunk or of any part of the trunk of any felled or fallen tree of the genus Picea as has a diameter at its widest point (including the bark) of not less than 75 millimetres.
Restriction on movement of spruce wood
3.—(1) Except as provided by paragraph (2) of this article, no spruce wood from a tree grown within any area specified in the Schedule to this Order shall be moved—
(a) from any area so specified into or across any area not so specified, or
(a) 1967 c.8; section 3(1) and (2) was amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was amended by the Criminal Justice Act 1967 (c.80), section 92(2) and Schedule 3, Part II.
(b) 1972 c.62.
(c) S.I. 1980/450.
(b) within any area so specified along or across a highway or by rail or water, unless the bark has been removed from that spruce wood.
(2) The restriction on movement imposed by paragraph (1) of this article shall not apply to the movement of any spruce wood—
(a) by or under the instructions of an inspector pursuant to article 4(3) of this Order or article 5 of the 1980 Order,
(b) in compliance with a notice served pursuant to article 4(2)(a) of this Order or article 6 of the 1980 Order, or
(c) under and in accordance with the terms of a licence granted by—
(i) an inspector under this Order, or
(ii) the Commissioners under article 3(1) of the 1980 Order.
(3) A licence granted under paragraph (2)(c)(i) of this article shall be in writing and may contain such terms as the inspector reasonably considers expedient for preventing the spread of the pest Dendroctonus micans, also known as the Great Spruce Bark Beetle.
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