The Plant Health (England) Order 2005

Authority to issue plant passports

29.—(1) Where a registered plant trader wishes to issue plant passports in relation to any relevant material to be moved from his premises he shall apply to the Secretary of State for the authority to do so.

(2) An application under paragraph (1) shall be in writing, shall give such notice as the Secretary of State may reasonably specify to allow her to undertake any necessary examination of the premises to which the application relates and of any relevant material there and shall contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the Secretary of State may from time to time reasonably require.

(3) The Secretary of State shall grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, she is satisfied—

(a) that the premises and relevant material are free from any relevant organisms; and

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(4) The Secretary of State’s authority to issue plant passports shall be given in writing and may be granted subject to such conditions as she considers appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports shall be valid.

(5) The Secretary of State may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered plant trader and any relevant material there, she is not satisfied that—

(a) the premises or the relevant material are free from any relevant organisms; or

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(6) The Secretary of State may suspend the operation of or vary to the extent she considers necessary an authority to issue plant passports if she is satisfied that the registered plant trader has—

(a) failed to comply with any of the conditions specified in article 28(1);

(b) failed to notify her in accordance with article 27(3) of any change in the particulars listed in the register with respect to him;

(c) failed to comply with a requirement in a notice served on the trader under article 32; or

(d) failed to comply with any conditions in the authority issued by her under paragraph (4).

(7) For the purposes of this article “relevant organism” means—

(a) any plant pest specified in Schedule 1; or

(b) in relation to relevant material of a description specified in Schedule 2, any plant pest of a description specified in that Schedule opposite the reference to that relevant material.