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The Plant Health ("Phytophthora ramorum") (Wales) (No. 2) Order 2002

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Plant passports

9.—(1) The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 7, as appropriate, of this Order:

(a)article 11(3), as if—

(i)a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and

(ii)reference to “Part A of Schedule 5” of the principal Order were to article 5 of this Order;

(b)article 14(1), as if the plant passport were issued in respect of susceptible material; and

(c)article 14(2) to (8).

(2) For the purposes of carrying out an examination of susceptible material upon its entry to Wales an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Wales, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.

(3) Movement of susceptible material in compliance with a notice served under paragraph (2) shall not constitute movement requiring a plant passport pursuant to article 5(a).

(4) Subject to paragraph (6), a person who has been authorised to issue plant passports under article 17 of the principal Order may issue a plant passport required under this Order.

(5) A person not authorised under article 17 of the principal Order:

(a)may apply to the National Assembly for such authorisation as if the application were provided for by the principal Order;

(b)shall meet the requirements of article 17 of the principal Order as if the application had been made under the principal Order

(c)shall be treated by the National Assembly, in respect of the application, as if the application were provided for by the principal Order.

(6) Authority conferred upon a person pursuant to paragraphs (4) or (5) to issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.

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