Welsh Statutory Instruments
PLANT HEALTH, WALES
Made
12 July 2010
Laid before the National Assembly for Wales
13 July 2010
Coming into force
17 August 2010
1. The title of this Order is the Plant Health (Wales) (Amendment) Order 2010. It comes into force on 17 August 2010 and applies in relation to Wales.
2. The Plant Health (Wales) Order 2006(3) is amended as follows.
3. In article 20(2) after “Part 6” insert “or 7”.
4. In article 31(1), after “for the purpose of”, insert “determining whether any plant pest is present there (or for determining the distribution of any plant pest) or for the purpose of”.
5. For article 38, substitute—
38.—(1) Articles 31, 33 and 37 do not apply to admission to any premises used only as a private dwelling-house unless 24 hours' notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this article.
(2) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises under article 31, 33 or 37 and—
(a)admission has been refused, or a refusal is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier;
(b)asking for admission, or the giving of such a notice, would defeat the object of the entry;
(c)the case is one of urgency; or
(d)the premises are unoccupied or the occupier is temporarily absent,
the justice may by signed warrant authorise an inspector to enter the premises, if necessary by reasonable force.
(3) A warrant granted under this article is valid for one month.
(4) An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.”.
6. In article 45(1)(a)(4), for paragraphs (xv) and (xvi), substitute—
“(xv)article 42(1);
(xvi)article 43(1); or
(xvii)paragraphs 3, 4, 5 or 6 of Schedule 15;”.
7. For Schedule 15, substitute the text contained in the Schedule to this Order.
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
12 June 2010
Article 7
Article 39(6)
1.—(1) In this Schedule—
“Directive 2007/33/EC ” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC ;
“demarcated field” means a field in respect of which a notice served under paragraph 2 is in force.
(2) This Schedule applies when the Welsh Ministers confirm, following an official investigation for the purposes of Article 4 of Directive 2007/33/EC or an official survey for the purposes of Article 6 of that Directive, that a field is infested with a European population of Potato Cyst Nematode.
2.—(1) An inspector must serve a notice in writing on the occupier or other person in charge of the field—
(a)specifying the field to which the notice applies; and
(b)demarcating the boundaries of that field.
(2) The notice may not be withdrawn until it is confirmed, pursuant to the re-sampling and testing measures set out in Section III(C) of Annex III to Directive 2007/33/EC , that Potato Cyst Nematode is no longer present in the field.
3.—(1) No person may—
(a)plant in a demarcated field any potatoes that are intended for the production of seed potatoes; or
(b)plant or store in a demarcated field any plant listed in Annex I to Directive 2007/33/EC that is intended for replanting.
(2) But an inspector may authorise the planting of any plants listed in point 2 of Annex I to that Directive.
(3) An authorisation under this paragraph must be by notice in writing and must contain the measures set out in Section III(A) of Annex III to that Directive.
4. No person may plant in a demarcated field any potatoes that are not intended for the production of seed potatoes unless that person has taken all reasonable steps to suppress Potato Cyst Nematode in that field.
5.—(1) No person may plant any seed potatoes or any plants listed in point 1 of Annex I to Directive 2007/33/EC that come from a demarcated field, or have been in contact with soil from a demarcated field, unless authorised to do so by an inspector.
(2) An authorisation under this paragraph must be by notice in writing and must contain such measures as the inspector thinks necessary to decontaminate those seed potatoes or plants.
6.—(1) No person may plant any plants listed in point 2 of Annex I to Directive 2007/33/EC that come from a demarcated field, or have been in contact with soil from a demarcated field, unless authorised to do so by an inspector.
(2) An authorisation under this paragraph must be by notice in writing and must contain the measures set out in Section III(A) of Annex III to that Directive.”.
(This note is not part of the Order)
This Order amends the Plant Health (Wales) Order 2006 (S.I. 2006/1643 (W.158)) (“the principal Order”) to implement Council Directive 2007/33/EC on the control of Potato Cyst Nematodes and repealing Directive 69/465/EEC (OJ No L 156, 16.6.2007, p.12). Directive 2007/33/EC introduces measures to detect and control European populations of Potato Cyst Nematode.
The Schedule to this Order replaces Schedule 15 to the principal Order to implement the control measures in that Directive. Paragraph 2 provides for the demarcation of fields infested with Potato Cyst Nematode. Paragraph 3 prohibits the planting in the demarcated field of potatoes intended for the production of seed potatoes. It also controls the planting in the demarcated field of specified plants intended for replanting. Paragraph 4 prohibits the planting in the demarcated field of potatoes not intended for the production of seed potatoes unless all reasonable steps are taken to suppress Potato Cyst Nematode in that field. Paragraphs 5 and 6 impose controls on the planting of potatoes and other plants that come from a demarcated field.
Article 4 of the Order amends the powers of entry in article 31 of the principal Order to provide powers of entry to determine if plant pest is present on any premises. Article 5 replaces article 38 of the principal Order so as to include a provision regarding entry into unoccupied premises.
A Regulatory Impact Assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.
1967 c. 8; sections 3(1), (2) and (5) and 4(1) were amended by section 4 of, and paragraph 8 of Schedule 4 to, the European Communities Act 1972 (c. 68). Section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).
Under the Transfer of Functions (Wales) (No 1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. These functions were transferred from the National Assembly for Wales to the Welsh Ministers under section 162 of and paragraph 30(1) and (2) of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
S.I. 2006/1643 (W.158) as amended by S.I. 2007/2716 (W.229), S.I. 2007/3305 (W.292), S.I. 2008/2781 (W.248), S.I. 2008/2913 (W.257) and S.I. 2009/1376 (W.137).
There are amendments to article 45(1)(a) that are not relevant to this Order.