Search Legislation

The Plant Health Order (Northern Ireland) 2018

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 29

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Plant Health Order (Northern Ireland) 2018. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Article 29:

Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:

Whole provisions yet to be inserted into this Rule (including any effects on those provisions):

Conditions for maintaining registration as a plant trader and other trade-related conditionsN.I.

This section has no associated Explanatory Memorandum

29.—(1) A registered plant trader must—

(a)keep an accurate plan of each of the plant trader's registered premises;

(b)keep a record of all relevant material which is—

(i)purchased by the plant trader;

(ii)brought onto any of the plant trader's registered premises for the purpose of storing, planting or producing the material on those premises; or

(iii)produced on, or dispatched from, any of the plant trader's registered premises;

(c)keep each document which the plant trader has created or received and which relates to the records referred to in sub-paragraph (b) for at least one year from the date on which the plant trader created or received it;

(d)designate an individual (whether the plant trader or another person) who is technically experienced in relation to the registered activities and the related plant health matters affecting the registered premises and who is available to liaise with the Department in relation to matters arising under this Order;

(e)examine each of the registered premises and the relevant material at those premises at such times and in the manner specified in any guidelines issued from time to time by the Department;

(f)make a declaration that the plant trader is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e) at any time and in any form that the Department requires; and

(g)comply with any other conditions specified by the Department which the Department considers necessary for the purpose of assessing the presence of or the spread of any plant pest on any of the plant trader's registered premises by reason of the condition of those premises.

(2) The requirements of paragraph (1) shall not apply to any registered plant trader who is engaged solely in the production or importation of tubers of Solanum tuberosum L. (excluding seed potatoes).

(3) If the Department is satisfied that a registered plant trader has failed to comply with any of the conditions specified in paragraph (1), the Department may suspend the plant trader's registration until the Department is satisfied that the plant trader is able and willing to comply with those conditions.

(4) A professional operator who supplies or is supplied with Xylella specified plants, must—

(a)keep a record of each lot of the plants supplied by the professional operator and the name of the professional operator to whom the lot was supplied for three years from the date on which it was supplied;

(b)keep a record of each lot of the plants received by the professional operator and the name of the professional operator who supplied the lot for three years from the date on which it was received; and

(c)immediately following the dispatch or receipt of any such lot, notify the Department in writing of the details specified in Article 10(4) of Decision (EU) 2015/789 in respect of that lot.

(5) In paragraph (4)—

(a)professional operator” has the meaning given in Article 1(d) of Decision (EU) 2015/789;

(b)Xylella specified plants” means—

(i)specified plants within the meaning of Article 1(c) of Decision (EU) 2015/789 which have been grown for at least part of their life in, or have been moved through, a demarcated area established in accordance with Article 4 of that Decision;

(ii)plants intended for planting, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. or Prunus dulcis (Mill.) D.A. Webb which have never been grown in a demarcated area established in accordance with Article 4 of Decision (EU) 2015/789.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources