The Treatment of Spruce Bark (Amendment) Order 2002

Statutory Instruments

2002 No. 296

PLANT HEALTH, ENGLAND AND WALES

The Treatment of Spruce Bark (Amendment) Order 2002

Made

12th February 2002

Laid before Parliament

12th February 2002

Coming into force

5th March 2002

The Forestry Commissioners, in exercise of the powers conferred on them by section 3(1) to (4) of the Plant Health Act 1967(1) as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2), hereby make the following Order:

Title, extent and commencement

1.  This Order may be cited as the Treatment of Spruce Bark (Amendment) Order 2002, shall apply to England and Wales and shall come into force on 5th March 2002.

Amendment of the Treatment of Spruce Bark Order 1993

2.  The Treatment of Spruce Bark Order 1993(3) shall be amended by substituting for the Schedule to that Order the Schedule to this Order.

3.  The Treatment of Spruce Bark (Amendment) Order 1994(4) is revoked.

In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 12th February 2002.

L.S.

Frank Strang

Secretary to the Forestry Commissioners

Article 2

SCHEDULE

Article 3(1)

“SCHEDULE AREAS WITHIN WHICH SPRUCE BARK MAY NOT BE MOVED UNLESS IT HAS BEEN TREATED

1.   Wales.

2.   The following counties, districts and unitary authorities of England:

Birmingham	Liverpool	Tameside
Blackburn	Manchester	The Wrekin
Blackpool	Oldham	Trafford
Bolton	Rochdale	Walsall
Bury	Salford	Warrington
Cheshire	Sandwell	Wigan
Coventry	Sefton	Wirral
Dudley	Shropshire	Wolverhampton
Halton	Solihull	Worcestershire
Herefordshire	St Helens
Knowsley	Stockport
Lancashire	Stoke-on-Trent

3.   The following parts of counties, districts and unitary authorities in England—

(a) Derby City: that part of the unitary authority which lies to the south of the northern boundary of the A52(T) road together with that part of the unitary authority which lies to the south of the northern boundary of the A6(T) road;

(b) Derbyshire: that part of the county which lies to the south of the northern boundary of the A52(T) road and that part of the county which lies to the south of the northern boundary of the A6(T) road;

(c) Gloucestershire: that part of the county west of the eastern boundary of the Fosse Way Roman road;

(d) Leicestershire: that part of the county which lies to the west of the eastern boundary of the Fosse Way Roman road, together with that part of the county which lies to the west of the eastern boundary of the B4114 road, and that part of the county which lies to the west of the eastern boundary of the M1 motorway;

(e) North Yorkshire: that part of the county which comprises the district of Craven;

(f) South Gloucestershire: that part of the unitary authority which lies to the north of the southern boundary of the M4 motorway;

(g) Warwickshire: that part of the county which lies to the west of the eastern boundary of the Fosse Way Roman road;

(h) Wiltshire: that part of the county which lies to the north of the southern boundary of the M4 motorway and that part of the county which lies to the west of the eastern boundary of the Fosse Way Roman road.”

Explanatory Note

(This note is not part of the Order)

This Order amends the Treatment of Spruce Bark Order 1993 by substituting a new Schedule describing the areas in which the movement of spruce bark is prohibited unless treated against the tree pest Dendroctonus micans Kugelann (the Great Spruce Bark Beetle) (article 2).

The spread of Dendroctonus micans is also controlled by the Plant Health (Forestry) (Great Britain) Order 1993 (S.I.1993/1283, amended by S.I.1994/3094, 1995/1989, 1996/751, 1998/2206 and 3109, 2001/295 and 2002/295).

This Order also revokes the Order (S.I.1994/3093) which previously amended the Schedule to the Treatment of Spruce Bark Order 1993 (article 3).

No Regulatory Appraisal has been prepared in respect of this Order.

(1)

1967 c. 8; paragraphs (1) and (2) of section 3 were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48). Section 1(2) of the Plant Health Act 1967 defines “competent authorities” for the purposes of the Act.

(2)

1972 c. 62.

(3)

S.I. 1993/1282, amended by S.I. 1994/3093.

(4)

S.I. 1994/3093.