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The Plant Health and Trade in Animals and Related Products (Amendment) Regulations 2022

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Amendment of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

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3.—(1) The Official Controls (Plant Health and Genetically Modified Organisms (England) Regulations 2019(1) are amended as follows.

(2) In regulation 17—

(a)in paragraph (1), for “This regulation” substitute “Paragraph (2)”;

(b)after paragraph (2) insert—

(2A) Paragraph (2B) applies where the competent authority in relation to another territory of Great Britain—

(a)has officially confirmed the presence in its territory of a plant pest to which Article 18 of the Plant Health Regulation applies; and

(b)has notified the competent authority in relation to England, in accordance with Article 18(4A) of the Plant Health Regulation, that a demarcated area should extend to or be established in England.

(2B) The competent authority may by notice—

(a)demarcate an area for the purpose of eradicating or containing the plant pest, or for the purpose of preventing the establishment of the pest in England; or

(b)confirm the proposed demarcation of an area in England previously notified to the competent authority by another competent authority in accordance with Article 18(4A) of the Plant Health Regulation.

(2C) A notice under paragraph (2B) may specify the prohibitions or restrictions which are to apply to the demarcated area for any of the purposes specified in that paragraph.;

(c)in paragraph (3), after “paragraph (2)” insert “or (2B)”;

(d)at the end insert—

(4) In this regulation, “competent authority” has the meaning given by Article 2(6) of the Plant Health Regulation..

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