The Plant Health (Forestry) Order 2005

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Title and commencement

   2. 2. General interpretation

3. PART 2 IMPORTS FROM THIRD COUNTRIES

   1. 3. Interpretation of Part 2

   2. 4. Application of Part 2

   3. 5. Prohibitions and restrictions on landing tree pests and relevant material

   4. 6. Advance notification of landing

   5. 7. Requirements for certificates

   6. 8. Exceptions from certain prohibitions and requirements

   7. 9. Presentation and display of documents

   8. 10. Prohibition on removal of relevant material from an area of plant health control

   9. 11. Exceptions from prohibition on removal of relevant material from area of plant health control

   10. 12. Plant health discharge

   11. 13. Request to an officer for Revenue and Customs for material to be detained

   12. 14. Power of an officer for Revenue and Customs

   13. 15. General provisions relating to certificates

   14. 16. Requirements to be met by relevant material prior to inspection at its place or country of destination

   15. 17. Approved places of inspection

4. PART 3 INTERNAL COMMUNITY CONTROLS ON MOVEMENT

   1. 18. Prohibitions and restrictions on landing tree pests and relevant material

   2. 19. Prevention of the spread of tree pests

   3. 20. Requirements for plant passports

   4. 21. Exceptions from certain prohibitions and requirements

   5. 22. Validity of plant passports for Great Britain

   6. 23. General provisions relating to plant passports

5. PART 4 REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

   1. 24. Register of forestry traders

   2. 25. Obligation to register

   3. 26. Registration requirements

   4. 27. Conditions for maintaining registration as a forestry trader

   5. 28. Authority to issue plant passports

6. PART 5 SWISS TRADE AND SWISS PLANT PASSPORTS

   1. 29. Swiss trade and Swiss plant passports

7. PART 6 MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF TREE PESTS

   1. 30. Examination, sampling and marking

   2. 31. Actions which may be required by an inspector

   3. 32. Actions which may be taken by an inspector

   4. 33. Miscellaneous provisions as to notices

   5. 34. Service of notices

   6. 35. Information as to compliance with notices

   7. 36. Failure to comply with a notice

   8. 37. Power to enter premises used wholly or mainly as a dwelling

8. PART 7 LICENCES

   1. 38. Licences to carry out activities prohibited by this Order

   2. 39. Licences for trial or scientific purposes and for work on varietal selections

9. PART 8 NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

   1. 40. Notification of the presence or suspected presence of certain tree pests

   2. 41. Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material

   3. 42. Information to be given

10. PART 9 OFFENCES

    1. 43. Offences

    2. 44. Penalties

11. PART 10 THE CUSTOMS ACT AND REVOCATION

    1. 45. The Customs Act

    2. 46. Revocation

12. Signature

13. 1. SCHEDULE 1

       Tree pests which shall not be landed in or spread within Great Britain

       1. Viruses and virus-like organisms

       2. Parasitic plants

    2. SCHEDULE 2

       Prohibitions on the landing in and movement within Great Britain of infected relevant material

       1. PART A Relevant material which may not be landed in or moved within Great Britain if that material is carrying or infected with tree pests

       2. PART B Relevant material which may not be landed in or moved within Great Britain (as a protected zone) if that material is carrying or infected with tree pests

    3. SCHEDULE 3

       Relevant material which may not be landed in Great Britain if that material originates in certain third countries

    4. SCHEDULE 4

       Restrictions on the landing in and movement within Great Britain of relevant material

       1. PART A Relevant material, from third countries, which may only be landed in Great Britain if special requirements are satisfied

       2. PART B Relevant material, from another part of the European Community, which may only be landed in or moved within Great Britain if special requirements are satisfied

       3. PART C Relevant material, from a third country or another part of the European Community, which may only be landed in or moved within Great Britain (as a protected zone) if special requirements are satisfied

    5. SCHEDULE 5

       Relevant material from a third country for which a phytosanitary certificate may be required

       1. PART A Relevant material which may only be landed in Great Britain if accompanied by a phytosanitary certificate

          1. 1. Trees, other than seeds, intended for planting.

          2. 2. Parts of trees, other than fruit or seeds, of—

          3. 3. Isolated bark of— (a) conifers (Coniferales), originating in any country...

          4. 4. Wood referred to in paragraph (a) or (b) of the...

          5. 5. Soil or growing medium, which consists in whole or in...

          6. 6. Soil or growing medium attached to or appears to have...

       2. PART B Relevant material which, if destined for certain protected zones, may only be landed in Great Britain if accompanied by a phytosanitary certificate

          1. 1. Wood referred to in paragraph (a) or (b) of the...

          2. 2. Parts of trees of Eucalyptus L'Hérit.

          3. 3. Isolated bark of conifers (Coniferales) originating in any third country...

    6. SCHEDULE 6

       Prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport

       1. PART A Relevant material, from another part of the European Community, which may only be landed or moved in Great Britain if accompanied by a plant passport

          1. 1. Wood referred to in paragraph (a) or (b) of the...

          2. 2. Trees, other than seeds, of the genera Abies Mill., Castanea...

       2. PART B Relevant material, from another part of the European Community, which may only be landed or moved in Great Britain if accompanied by a plant passport which is valid for Great Britain (as a protected zone)

          1. 1. Trees of Abies Mill., Larix Mill., Picea A. Dietr., Pinus...

          2. 2. Trees, other than seeds, of Populus L., intended for planting....

          3. 3. Wood referred to in paragraph (a) or (b) of the...

          4. 4. Isolated bark of Castanea Mill. or conifers (Coniferales).

    7. SCHEDULE 7

       Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport

       1. PART A Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport

          1. 1. Wood referred to in paragraph (a) or (b) of the...

          2. 2. Trees, other than seeds, of the genera Abies Mill., Castanea...

       2. PART B Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone

          1. 1. Trees of Abies Mill., Larix Mill., Picea A. Dietr., Pinus...

          2. 2. Trees, other than seeds, of Populus L., intended for planting....

          3. 3. Trees, other than fruit or seeds, of Eucalyptus L'Hérit.

          4. 4. Wood referred to in paragraph (a) or (b) of the...

          5. 5. Isolated bark of Castanea Mill. or conifers (Coniferales).

    8. SCHEDULE 8

       Swiss plant passports

       1. PART A Relevant material originating in Switzerland which may be landed in or moved within Great Britain if accompanied by a Swiss plant passport

          1. 1. Wood referred to in paragraph (a) or (b) of the...

          2. 2. Trees, other than seeds, of Abies Mill., Castanea Mill., Larix...

       2. PART B Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Great Britain if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

          1. 1. Trees, other than seeds, intended for planting.

          2. 2. Parts of trees, other than fruit or seeds, of Acer...

          3. 3. Wood referred to in paragraph (a) or (b) of the...

          4. 4. Soil or growing medium, which consists in whole or in...

          5. 5. Soil or growing medium attached to or appears to have...

          6. 6. Isolated bark of conifers (Coniferales) originating in any country outside...

    9. SCHEDULE 9

       Requirements for plant passports

       1. 1. A plant passport may only be issued in respect of...

       2. 2. A plant passport shall comprise either an official label or...

       3. 3. The references in paragraph 1 above to an official label...

       4. 4. (1) The information contained in a plant passport shall be—...

       5. 5. Where a plant passport comprises only an official label, it...

       6. 6. Where the plant passport comprises an official label and an...

       7. 7. The information referred to in paragraph 5 and 6 above...

    10. SCHEDULE 10

        Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)

        1. PART A Form of phytosanitary certificate

        2. PART B Form of phytosanitary certificate for re-export

    11. SCHEDULE 11

        Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1)

        1. PART A Form of a phytosanitary certificate

        2. PART B Form of a phytosanitary certificate for re-export

    12. SCHEDULE 12

        Notice of landing

        1. PART A

           1. 8. The notice of landing required under article 6(1) shall be...

           2. 9. The information contained in the notice in paragraph (1) shall...

        2. PART B

    13. SCHEDULE 13

        Plant health movement document

        1. PART A

           1. 1. The plant health movement document required under article 16(2)(a) shall...

           2. 2. The information contained in the notice in paragraph (1) shall...

        2. PART B

    14. SCHEDULE 14

        Revocation of Orders

14. Explanatory Note