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The Plant Health (Forestry) (Phytophthora ramorum Management Zone) (Scotland) Order 2014

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Citation, commencement and extent

1.—(1) This Order may be cited as the Plant Health (Forestry) (Phytophthora ramorum Management Zone) (Scotland) Order 2014 and comes into force on 5th June 2014.

(2) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order—

“approved facility” means a facility approved by the Commissioners under article 4;

“Commissioners” means the Forestry Commissioners;

“inspector” means any person authorised by the Commissioners to be an inspector for the purposes of this Order;

“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such a tree;

“management zone” means the local government areas of Dumfries and Galloway, East Ayrshire and South Ayrshire(1) enclosed by the boundary described in Part 1 of Schedule 2;

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;

“susceptible material” means any tree, wood or isolated bark of a tree of the species identified in Schedule 1, including hybrids of those species;

“tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of growth, and living parts of a tree include—

(a)

branches with or without foliage;

(b)

a tree or shrub that has been cut and which retains any foliage; and

(c)

leaves or foliage; and

“wood” means—

(a)

any wood which retains part or all of its natural round surface, with or without bark; or

(b)

wood in the form of chips, particles, shavings, sawdust, wood waste or scrap.

(2) Where anything under this Order is to be done in writing that includes an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000(2), which has been recorded and is consequently capable of being reproduced.

Prohibition on the movement of susceptible material

3.—(1) No person may move any susceptible material from any premises within the management zone to any premises outside the management zone unless the movement is to an approved facility.

(2) A person who moves susceptible material to an approved facility must keep a record of that movement and, when requested to do so by an inspector, provide information about that movement to the inspector.

Approval of facilities

4.—(1) The Commissioners may approve any facility that they consider to be suitable for the purpose of processing susceptible material moved from the management zone.

(2) For the purpose of deciding whether to grant an approval under paragraph (1), the Commissioners may require the operator of the facility to arrange or permit such inspections as the Commissioners consider necessary.

(3) The operator of an approved facility must comply with any condition of the approval.

Suspension and revocation of approval of facilities

5.—(1) The Commissioners may by notice in writing given to the operator of an approved facility suspend or revoke an approval granted under article 4 if they have reason to believe that any conditions of the facility’s approval have not been, or are not being, complied with.

(2) For the purpose of deciding whether to suspend or revoke an approval under paragraph (1), the Commissioners may require the operator of the facility to arrange or permit such inspections as the Commissioners consider necessary.

(3) Suspension of an approval under paragraph (1) lasts for such period, or until such a state of affairs exists, as the Commissioners specify when suspending the approval.

(4) The operator of an approved facility may by notice in writing given to the Commissioners indicate that the operator no longer wishes the facility to be approved, in which case the approval ceases to have effect on the date specified by the Commissioners in writing and notified to the operator.

Powers of inspectors

6.—(1) Subject to paragraphs (2) to (4), an inspector may, if the inspector has reasonable grounds for suspecting that there is present on any premises, whether inside or outside the management zone, any susceptible material that is being or has been moved in contravention of article 3, enter those premises and may—

(a)seize, remove, destroy or treat any such material found on those premises or require the removal, destruction or treatment of that material;

(b)examine, photograph or mark any part of the premises, any such material or any object found on those premises;

(c)take samples of any such material or any other material which may have been in contact with any such material or from any container or package found on those premises; and

(d)inspect or make copies of any documents or records (in whatever form they may be held) relating to any such material.

(2) Before exercising the power in paragraph (1) an inspector must, unless it is not practicable to do so, give the person in charge of the premises reasonable notice and must, if requested to do so, produce a duly authenticated authorisation document.

(3) The power to enter premises conferred by paragraph (1) may be exercised by an inspector in respect of premises used wholly or mainly as a dwelling only if the inspector has been granted a warrant by a sheriff or justice of the peace.

(4) A sheriff or justice of the peace may grant a warrant under paragraph (3) only if satisfied—

(a)that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

(b)that there are reasonable grounds for entry.

(5) A warrant granted under paragraph (3) is valid—

(a)for one month; or

(b)until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

(6) When exercising the power in paragraph (1) an inspector may be accompanied by any other person and any equipment or vehicles as the inspector considers necessary.

Offences

7.  A person commits an offence if the person—

(a)without reasonable excuse—

(i)moves susceptible material in contravention of article 3(1); or

(ii)fails to keep a record of any movement of susceptible material to an approved facility or fails to provide information about such a movement to an inspector when requested to do so by an inspector, in contravention of article 3(2); or

(b)intentionally obstructs an inspector in the exercise of powers conferred upon the inspector by article 6.

Offences by bodies corporate

8.  Where—

(a)an offence under article 7 has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual; or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a)in relation to a body corporate—

(i)a director, manager, secretary or other similar officer of the body;

(ii)where the affairs of the body are managed by its members, a member;

(b)in relation to a Scottish partnership, a partner;

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Penalties

9.  A person who commits an offence under article 7 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The official Seal of the Forestry Commissioners

WILMA HARPER

Secretary to the Forestry Commissioners

2nd May 2014

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