The Plant Health (Ips typographus) (England) Order 2019

Demarcated areas

3.—(1) Where an inspector has confirmed the presence of Ips typographus on any premises, the Commissioners may, by notice, demarcate an area in relation to the infestation.

(2) An area demarcated under paragraph (1) must be of such size as the Commissioners consider appropriate to reduce the risk of spread of Ips typographus, taking into account—

(a) scientific and technical evidence and principles;

(b) the biology of Ips typographus;

(c) the presence of susceptible material;

(d) other appropriate information concerning the presence or possible presence of Ips typographus.

(3) A notice under paragraph (1)—

(a) must be in writing;

(b) must describe the extent of—

(i) the demarcated area; and

(ii) where the prohibitions in article 4(2)(a) are to apply, the parts of the demarcated area which are to be treated as the infested area and the controlled area;

(c) must specify the categories of susceptible material to which—

(i) any prohibitions in article 4(2)(a) are to apply; or

(ii) any prohibition in article 4(2)(b) is to apply;

(d) must state the date on which any prohibition in article 4(2) is to commence;

(e) must be published in such manner as is appropriate to bring it to the attention of the public;

(f) may be amended or revoked, in whole or in part, by a further notice.

(4) Where the demarcated area contains an infested area and a controlled area—

(a) any premises which are partly within the infested area are to be treated as being within the infested area; and

(b) any premises which are partly within the controlled area and not also partly within the infested area are to be treated as being within the controlled area.

(5) In any other case, any premises which are partly within the demarcated area are to be treated as being within the demarcated area.

(6) In this article—

“the Commissioners” means the Forestry Commissioners;

“Ips typographus” means Ips typographus (Heer) (the larger eight-toothed spruce bark beetle).