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

Prohibition on the movement of susceptible material

4.—(1) This article applies to the movement of any susceptible material specified in a notice published pursuant to article 3.

(2) No person may move any relevant susceptible material—

(a) where the demarcated area specified in the notice contains an infested area and a controlled area—

(i) out of or within the infested area specified in the notice, unless authorised in writing by an inspector; and

(ii) out of or within the controlled area specified in the notice, unless authorised in writing by an inspector; or

(b) in any other case, out of or within the demarcated area specified in the notice, unless authorised in writing by an inspector.

(3) The prohibitions in paragraph (2)(a) and the prohibition in paragraph (2)(b)—

(a) apply on and after the date specified in the notice and continue to apply until such date as that notice is revoked or otherwise ceases to have effect; and

(b) do not apply to the movement of any relevant susceptible material which—

(i) enters and exits—

(aa) where the demarcated area contains an infested area and a controlled area, the relevant part without stopping; or

(bb) in any other case, the demarcated area without stopping; or

(ii) is authorised by an exception to a prohibition or requirement in a notice issued under the 2005 Order before the date on which the prohibitions in paragraph (2)(a) or the prohibition in paragraph (2)(b) have effect.

(4) In this regulation—

“relevant part” means—

(a)

in the case of any susceptible material which is only subject to the prohibition in paragraph (2)(a)(i), the infested area;

(b)

in the case of any susceptible material which is only subject to the prohibition in paragraph (2)(a)(ii), the controlled area;

(c)

in the case of any susceptible material which is subject to the prohibitions in paragraph (2)(a)(i) and (ii), the demarcated area;

“relevant susceptible material” means—

(a)

in any case where a demarcated area described in a notice published pursuant to article 3 contains an infested area and a controlled area—

(i)

any susceptible material of a description specified for the purposes of that infested area in the notice;

(ii)

any susceptible material of a description specified for the purposes of that controlled area in the notice;

(b)

in any other case, the susceptible material specified for the purposes of the demarcated area in a notice published pursuant to article 3.