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The Plant Health (England) Order 2005
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Plant Health (England) Order 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order revoked by S.I. 2015/610 art. 49(1)
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Pt. 7A inserted by S.I. 2008/2411 art. 2(5)
- Pt. 7A omitted by S.I. 2014/979 art. 4(1)
- Sch. 1 Pt. C inserted by S.I. 2014/2385 art. 14(3)
- Sch. 5 Pt. A para. 2A inserted by S.I. 2013/2687 art. 11
- Sch. 5 Pt. A para. 2A substituted by S.I. 2014/2385 art. 17(1)(c)
- Sch. 5 Pt. A para. 2(e)-(j) substituted for 2(e)-(f) by S.I. 2014/2385 art. 17(1)(b)
- Sch. 6 Pt. A para. 7(ca) inserted by S.I. 2009/587 art. 2(10)
- Sch. 6 Pt. A para. 3B inserted by S.I. 2013/1477 art. 11(a)
- Sch. 6 Pt. A para. 10 11 inserted by S.I. 2013/1477 art. 11(c)
- Sch. 6 Pt. B para. A1-A3 inserted by S.I. 2014/2385 art. 18(2)
- Sch. 6 Pt. A para. 8 substituted by S.I. 2013/1477 art. 11(b)
- Sch. 6 Pt. A para. 8 word substituted by S.I. 2014/2385 art. 18(1)(c)
- Sch. 7 Pt. A para. 3B inserted by S.I. 2013/1477 art. 12(a)
- Sch. 7 Pt. A para. 10 11 inserted by S.I. 2013/1477 art. 12(c)
- Sch. 8 Pt. A para. 5(ea) inserted by S.I. 2012/697 reg. 4(2)(b)
- Sch. 16 para. 10(b)(c) substituted by S.I. 2007/1893 art. 2(6)(g)
- Sch. 16 para. 12(b)-(d) substituted for Sch. 16 para. (b)(c) by S.I. 2007/1893 art. 2(6)(i)(ii)
- Sch. 17 Pt. A para. 14(aa) inserted by S.I. 2007/1893 art. 2(7)(i)
- Sch. 17 Pt. B para. 6(a)(iv) inserted by S.I. 2007/1893 art. 2(8)(d)
- Sch. 17 Pt. A para. 10(b)(c) substituted by S.I. 2007/1893 art. 2(7)(f)(ii)
- Sch. 17 Pt. A para. 10(a)(ii)(aa) words substituted by S.I. 2007/1893 art. 2(7)(f)(i)
- art. 5(1A) inserted by S.I. 2014/2385 art. 4(b)
- art. 12(2)(aa) inserted by S.I. 2006/2307 art. 2(4)(a)
- art. 12(2)(aa) substituted by S.I. 2013/1477 art. 5(a)
- art. 12(2)(cc) inserted by S.I. 2006/2307 art. 2(4)(b)
- art. 12(2)(cc) substituted by S.I. 2013/1477 art. 5(c)
- art. 12(2)(cc) word substituted by S.I. 2014/2385 art. 6(b)
- art. 19(1A) inserted by S.I. 2014/2385 art. 7(b)
- art. 19(3) inserted by S.I. 2008/2411 art. 2(3)
- art. 19(3)-(5) substituted for art. 19(3) by S.I. 2012/3033 art. 2(2)
- art. 19(5) substituted by S.I. 2013/23 art. 2(2)
- art. 19(6)-(8) inserted by S.I. 2013/23 art. 2(3)
- art. 19(6) substituted by S.I. 2014/979 art. 3(1)
- art. 19(6)(a) words inserted by S.I. 2013/2687 art. 5(a)
- art. 19(6)(b) words inserted by S.I. 2013/2687 art. 5(b)
- art. 19(8) substituted by S.I. 2014/979 art. 3(2)
- art. 20(1)(a)(aa) substituted for art. 20(1)(a) by S.I. 2014/2385 art. 8
- art. 21(8)(9) inserted by S.I. 2013/2687 art. 6
- art. 21(8) substituted for art. 21(8)(9) by S.I. 2014/2385 art. 9
- art. 22(1)(1A) substituted for art. 22(1) by S.I. 2013/2687 art. 7
- art. 22(3)(4) inserted by S.I. 2013/1477 art. 6
- art. 22(4) substituted by S.I. 2014/2385 art. 10(b)
- art. 24(5) added by S.I. 2006/2307 art. 2(6)
- art. 24(5) words inserted by S.I. 2013/2687 art. 8
- art. 42(1A) inserted by S.I. 2006/2307 art. 2(8)(b)
- art. 42(2)(bb) inserted by S.I. 2014/2385 art. 13
- art. 43(1A) inserted by S.I. 2006/2307 art. 2(9)(b)
- art. 44A inserted by S.I. 2012/697 reg. 3(1)
- art. 45(1)(a)(viA) inserted by S.I. 2006/2307 art. 2(10)(a)
- art. 45(1)(a)(xiB) inserted by S.I. 2008/2411 art. 2(7)
- art. 45(1)(a)(xiva) inserted by S.I. 2012/697 reg. 3(2)(a)(ii)
- art. 45(1)(a)(xiA) words inserted by S.I. 2006/2307 art. 2(10)(b)
- art. 45(1)(a)(xiii)-(xv) substituted for art. 45(1)(a)(xiii)(xiv) by S.I. 2010/1510 art. 6
- art. 45(4A) inserted by S.I. 2012/697 reg. 3(2)(b)
PART 9E+WNOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
Notification of the presence or suspected presence of certain plant pestsE+W
42.—(1) The occupier or other person in charge of premises who knows or suspects that any plant pest to which this article applies is present on the premises, or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such plant pest on any premises, shall immediately give notice to the Secretary of State or an inspector of the presence or suspected presence of such plant pest and shall as soon as reasonably practicable after giving such notice confirm it in writing.
(2) This article applies to any plant pest which—
(a)is of a description specified in Part A of Schedule 1;
(b)subject to paragraph (3), is of a description specified in Part B of Schedule 1;
(c)subject to paragraphs (3) and (4), is of a description specified in Part A of Schedule 2;
(d)subject to paragraph (3), is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest; or
(e)although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.
(3) Where any plant pest referred in paragraph 2(b), (c) or (d) is specified in Schedule 18, it shall be notifiable under paragraph (1) only where it is a subspecies or strain normally present in Great Britain and is found at the premises of a registered plant trader.
(4) Where any plant pest of a description specified in Schedule 18 is specified in column 3 of Part A of Schedule 2, it shall be notifiable under paragraph (1) only where it is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest.
Commencement Information
I1Art. 42 in force at 3.10.2005, see art. 1(1)
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant materialE+W
43.—(1) The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, shall immediately give notice of that fact to the Secretary of State or an inspector and shall as soon as reasonably practicable after giving such notice confirm it in writing.
(2) This article applies to—
(a)any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any plant pest which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain; and
(c)any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,
which has been, or is likely to be, landed in England, and has not been cleared out of charge under the Customs Act.
(3) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act(1).
Commencement Information
I2Art. 43 in force at 3.10.2005, see art. 1(1)
Information to be givenE+W
44.—(1) An inspector or any other officer of the Secretary of State may by notice in writing require any person referred to in paragraph (2) to give to the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).
(2) A person to which paragraph (1) refers is any person who—
(a)is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;
(b)has or has had or is reasonably suspected by an inspector or other officer of the Secretary of State to have or have had in his possession or under his charge—
(i)any plant pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(ii)any plant pest which, although not specified in Schedule 1 or 2 is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain;
(iii)any relevant material carrying or infected with a plant pest mentioned in sub-paragraph (i) or (ii); or
(iv)any relevant material which an inspector or any other officer of the Secretary of State knows to have been landed or suspects has been landed in, or exported from, England; or
(c)as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any plant pest or relevant material mentioned in sub-paragraph (b).
(3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—
(a)as to plants grown or products stored at any time on the premises referred to in paragraph (2)(a);
(b)as to any plant pest or relevant material referred to in paragraph (2)(b); and
(c)as to the persons who have had or are likely to have had any plant pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.
(4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, plant passports, records, invoices or other documents relating to any plant pest or relevant material to which that information relates.
Commencement Information
I3Art. 44 in force at 3.10.2005, see art. 1(1)
(1)
See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part 1.
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