2012 No. 697
The Plant Health (Miscellaneous Amendments) (England) Regulations 2012
Made
Laid before Parliament
Coming into force
Title, commencement and interpretation1
1
These Regulations may be cited as the Plant Health (Miscellaneous Amendments) (England) Regulations 2012 and come into force on 1st April 2012.
2
In these Regulations, “the PHO” means the Plant Health (England) Order 20053.
Amendment of the Potatoes Originating in Egypt (England) Regulations 20042
1
The Potatoes Originating in Egypt (England) Regulations 20044 are amended as follows.
2
In regulation 2 (interpretation), for the definition of “the Decision” substitute—
“the Decision” means Commission Implementing Decision 2011/787/EU authorising member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt5;
3
In paragraph (1) of regulation 3 (imports of potatoes originating in Egypt), for “paragraph 1(b)(xi)” substitute “paragraph 2.2(c)”.
4
In regulation 6 (charges in respect of the sampling of imports of potatoes), for “paragraph 3” substitute “paragraph 5”.
Amendment of the PHO: information gateway3
1
After article 44 of the PHO, insert—
Power to share information for the purposes of the Order44A
1
The Commissioners for Her Majesty’s Revenue and Customs may disclose any information in their possession to the Secretary of State for the purposes of this Order.
2
Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.
3
No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if—
a
the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;
b
the disclosure is for a purpose other than specified in paragraph (1); and
c
the Commissioners have not given their prior consent to the disclosure.
2
In article 45 of the PHO (offences)—
a
in paragraph (1)(a)—
i
at the end of paragraph (xiv) omit “or”, and
ii
after that paragraph insert—
xiva
article 44A(3); or
b
after paragraph (4) insert—
4A
It is a defence for a person charged with an offence under paragraph (1)(a)(xiva) to prove that the person reasonably believed—
a
that the disclosure was lawful; or
b
that the information had already and lawfully been made available to the public.
3
For article 46 of the PHO substitute—
Penalties46
1
Except as provided by paragraph (2), a person guilty of an offence under this Order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A person guilty of an offence under article 45(1)(a)(xiva) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both.
Amendment of the PHO: Switzerland4
1
Schedule 86 (Swiss plant passports) to the PHO is amended as follows.
2
In Part A—
a
for paragraph 1 substitute—
1
Plants, other than seeds, of Beta vulgaris L., Camellia sp., Humulus lupulus L., Viburnum spp., Prunus L. not including Prunus laurocerasus L. or Prunus lusitanica L., and Rhododendron spp. not including Rhododendron simsii Planch, intended for planting.
b
in paragraph 5, after sub-paragraph (e) insert—
ea
plants of Palmae, intended for planting and having a diameter of the stem at the base of over 5 cm and belonging to the following genera or species: Areca catechu L., Arenga pinnata (Wurmb) Merr., Borassus flabellifer L., Brahea Mart., Butia Becc., Calamus merrillii Becc., Caryota maxima Blume ex Mart., Caryota cumingii Lodd. ex Mart., Chamaerops L., Cocos nucifera L., Corypha elata Roxb., Corypha gebang Mart., Elaeis guineensis Jacq., Jubaea Kunth., Livistona R. Br., Metroxylon sagu Rottb., Oreodoxa regia Kunth., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.; or
3
In Part B—
a
for paragraph 1 substitute—
1
Plants, other than seeds, intended for planting, other than Clausena Burm. fand Murraya Koenig ex L.
b
in paragraph 5(c), for “Quercus L or Solidago L.” substitute “Quercus L., Rhododendron spp., not including Rhododendron simsii Planch, Solidago L. or Viburnum spp.”.
(This note is not part of the Regulations)