The Plant Health (England) (Amendment) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (England) Order 2005 (S.I. 2005/2530) to include measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of ash dieback. In particular, the Order:

(a) prohibits the landing in or the spread within England of Chalara fraxinea T. Kowalski (article 2(7));

(b) prohibits the landing in or the movement within England of plants of Fraxinus L. intended for planting, which are infected with Chalara fraxinea T. Kowalski (article 2(8));

(c) imposes additional requirements on the landing in or movement within England of plants of Fraxinus L. intended for planting (article 2(9) to (12)); and

(d) imposes additional requirements on the consignment from England to other parts of the European Union of plants of Fraxinus L. intended for planting (article 2(13)).

Emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski were introduced by the Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707). The competent authority for those measures is the Forestry Commissioners. This Order enables the Secretary of State to act as competent authority for England in relation to certain specific measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski.

The Order also confers powers on the Secretary of State to grant licences for trial or scientific purposes or for work on varietal selections in relation to certain plant pests (article 2(5)).

An impact assessment has not been produced for this instrument as no further impact on business or the private or voluntary sector is foreseen. The Explanatory Memorandum for this instrument is available alongside the instrument at www.legislation.gov.uk.