PART 4E+WOfficial activities to prevent the establishment or spread of plant pests

Establishment of demarcated areas and measures to be taken in those areasE+W

17.—(1) [F1Paragraph (2)] applies where an appropriate authority has officially confirmed the presence of a controlled plant pest which is not known to be present in England or the presence of a controlled plant pest in an area of England where it was not previously present.

(2) An appropriate authority may by notice—

(a)demarcate an area in relation to the presence of the controlled plant pest for the purpose of eradicating or containing the plant pest;

(b)specify the prohibitions or restrictions which are to apply to the demarcated area for that purpose.

[F2(2A) Paragraph (2B) applies where the competent authority in relation to another territory of Great Britain—

(a)has officially confirmed the presence in its territory of a plant pest to which Article 18 of the Plant Health Regulation applies; and

(b)has notified the competent authority in relation to England, in accordance with Article 18(4A) of the Plant Health Regulation, that a demarcated area should extend to or be established in England.

(2B) The competent authority may by notice—

(a)demarcate an area for the purpose of eradicating or containing the plant pest, or for the purpose of preventing the establishment of the pest in England; or

(b)confirm the proposed demarcation of an area in England previously notified to the competent authority by another competent authority in accordance with Article 18(4A) of the Plant Health Regulation.

(2C) A notice under paragraph (2B) may specify the prohibitions or restrictions which are to apply to the demarcated area for any of the purposes specified in that paragraph.]

(3) A notice under paragraph (2) [F3or (2B)]—

(a)must be in writing;

(b)must describe the extent of the demarcated area;

(c)must specify the date on which any such prohibitions or restrictions are to commence;

(d)must be published in a manner appropriate to bring it to the attention of the public;

(e)may be amended or revoked, in whole or in part, by further notice.

[F4(4) In this regulation, “competent authority” has the meaning given by Article 2(6) of the Plant Health Regulation.]

Textual Amendments

Commencement Information

I1Reg. 17 in force at 14.1.2020, see reg. 1(1)