The Plant Health (Great Britain) (Amendment) (No. 3) Order 1998

Statutory Instruments

1998 No. 2245

PLANT HEALTH

The Plant Health (Great Britain) (Amendment) (No. 3) Order 1998

Made

14th September 1998

Laid before Parliament

15th September 1998

Coming into force

7th October 1998

The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred by sections 2 and 3 of the Plant Health Act 1967(1) and now vested in them(2) and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 3) Order 1998 and shall come into force on 7th October 1998.

Amendment of the Plant Health (Great Britain) Order 1993

2.  After article 25(1)(c) of the Plant Health (Great Britain) Order 1993(3) there shall be added–

“(d) for the purposes of the examinations referred to in sub-paragraph (a) of this paragraph, where those examinations relate to any plant, plant product or other object imported from a third country, require the occupier or other person in charge of the premises in which the examination is taking place to provide–

(i) suitable areas for inspection, where appropriate;

(ii) adequate lighting; and

(iii) inspection tables.”.

Jeff Rooker

Minister of State,

Ministry of Agriculture, Fisheries and Food

9th September 1998

Sewel

Parliamentary Under Secretary of State,

Scottish Office

14th September 1998

Signed by authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under Secretary of State,

Welsh Office

14th September 1998

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Great Britain) Order 1993. It provides that an inspector may require the occupier or other person in charge of premises where an examination of material imported from a third country is taking place to provide suitable inspection areas where appropriate, adequate lighting, and inspection tables.

In doing so, the Order implements Commission Directive 98/22/EC (OJ No. L126, 28.4.98, p.26) laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries.

(1)

1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).

(2)

In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.

(3)

S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907 and 1998/349 and 1121.