Plant Health Act (Northern Ireland) 1967

2 Control of introduction of pests into Northern Ireland. N.I.

(1) The Ministry of Agriculture (in this Act referred to as “the Ministry” ) may from time to time make such orders as it thinks expedient [F1 or called for by any [F2 retained EU law or relevant Protocol] obligation] for preventing the introduction of pests into Northern Ireland.

(2) Where it appears to the Ministry that the landing in Northern Ireland of articles of any description (and in particular plants, trees or bushes or any part or produce thereof) is likely to introduce a pest into Northern Ireland, the orders may prohibit or regulate the landing of those articles, and may direct or authorise their destruction if landed (without prejudice to provisions of [F3 the Customs and Excise Management Act 1979 [1979 c.2] ] imposing penalties or liability to forfeiture).

[F4 (2A) In this section—

• “relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

• “the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to sections 41 and 42 of Annex 2 to that Protocol;

• “the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]

Subs. 3 rep. by 1984 NI 2

F1 SRO (NI) 1972/351

F2 Words in s. 2(1) substituted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 2(2)

F3 1979 c.2

F4 S. 2(2A) inserted (31.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 2(3)