The Plant Health (Forestry) (Great Britain) (Amendment) Order 1998

Statutory Instruments

1998 No. 2206

PLANT HEALTH

The Plant Health (Forestry) (Great Britain) (Amendment) Order 1998

Made

4th September 1998

Laid before Parliament

9th September 1998

Coming into force

1st October 1998

The Forestry Commissioners in exercise of the powers conferred on them by sections 2 and 3 of the Plant Health Act 1967((1) and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1998 and shall come into force on 1st October 1998.

Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

2.  After article 24(2) of the Plant Health (Forestry) (Great Britain) Order 1993(2) there shall be added –

“(2A) For the purposes of the examinations referred to in paragraph (2)(a) of this article, an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.”.

In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on

L.S.

W F G Strang

Secretary to the Forestry Commissioners

4th September 1998.

Explanatory Note

(This note is not part of the Order)

The Order amends the Plant Health (Forestry) (Great Britain) Order 1993. It provides that an inspector may require the occupier or other person in charge of premises where an examination is taking place to provide adequate lighting and, where appropriate, suitable inspection areas (article 2).

In doing so, the Order implements Commission Directive 98/22/EC (OJ No. L126, 28.4.98, p.26) laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries.

A Regulatory Impact Assessment has been prepared and placed in the library of both Houses of Parliament. Copies can be obtained from the Forestry Commission, 231 Corstorphine Road, Edinburgh EH12 7AT.

(1)

1967 c. 8; sections 2(1) and 3(1) and (2) 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).

(2)

S.I. 1993/1283, amended by S.I. 1994/3094, 1995/1989 and 1996/751.