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The Plant Health (Wood and Bark) Order (Northern Ireland) 2006

Type Ni-Statutory-Rule

Publication 2006-02-27

Last updated 2020-12-31

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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The Department of Agriculture and Rural Development¹ in exercise of the powers conferred upon it by sections 2², 3³, 3A⁴, 3B⁵, and 4(1)⁶ of the Plant Health Act (Northern Ireland) 1967⁷ and of all the other powers enabling it in that behalf, hereby makes the following Order:

PART 1 — GENERAL

Citation and commencement

1

This Order may be cited as the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 and shall come into operation on 31st March 2006.

General interpretation

2

(1) In this Order—

”appropriate checks”, in relation to a consignment of notifiable relevant material means—an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate;an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it;an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the prescribed requirements;

“appropriate UK plant health authority” means—in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;in relation to forest and timber pests in England, the Forestry Commissioners;otherwise in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to the Bailiwick of Guernsey, the States of Guernsey;in relation to the Bailiwick of Jersey, the Department of Environment of the Bailiwick of Jersey;in relation to the Isle of Man, the Department of Environment, Food and Agriculture of the Isle of Man;

”approved place of inspection”, as regards Northern Ireland, means a place which has been approved by the Department under Article 16A or, in relation to other UK territories, by the appropriate UK plant health authority under equivalent provisions of the relevant Plant Health Order;

“authorised officer” means— in relation to a UK plant passport, an inspector appointed for the purposes of a relevant Plant Health Order, or in relation to a phytosanitary certificate or phytosanitary certificate for re-export, an authorised representative of, or a public officer acting under the national plant protection organisation of the country in which a phytosanitary certificate or phytosanitary certificate for re-export or a translation of a phytosanitary certificate or phytosanitary certificate for re-export is issued;

“Commissioners” means the Commissioners of Her Majesty’s Revenue and Customs;

”CD territory” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;

“consignment” means a quantity of goods covered by a single document required for customs formalities or for other formalities;

“correct phytosanitary certificate”, in relation to notifiable relevant material, means a phytosanitary certificate or phytosanitary certificate for re-export required by Article 6;

“Customs Act” means the Customs and Excise Management Act 1979⁸;

“customs document” means a document required by the Commissioners for placing relevant material under one of a customs procedure within the meaning of the Taxation (Cross-border Trade) Act 2018 ;

“the Department” means the Department of Agriculture and Rural Development;

“designated area of plant health control”, in relation to notifiable relevant material means a place close to a point of entry which has been designated as an area of plant health control by the Department and the Commissioners for Her Majesty’s Revenue and Customs;

“documentary check” means an examination to determine that the consignment or lot is accompanied by the required certificates, alternative documents or marks, as specified in Article 13(1)(ii) of the Directive;

“European Union transit goods” means any relevant material introduced into Northern Ireland from a third country via another part of the European Union ;

“electronic communications” has the same meaning as in the Electronic Communications Act (Northern Ireland) 2001⁹.

“EU transit material” means any notifiable relevant material from a third country, other than a country or territory in the European Union, which is consigned to the United Kingdom via the European Union and which was not, on its entry into the European Union, subject to—the formalities described in Article 13a of Directive 2000/29/EC, orto other similar official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council as it has effect in EU law;

“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia and the area of Turkey east of the Bosphorus Strait known as Anatolia;

“forestry trader” means—an importer of relevant material,a producer of relevant material,a person in charge of premises used for the storage, aggregation or dispatch of consignments of relevant material, ora person who in the course of a trade or business divides up or combines consignments of relevant material;

“importer”, in relation to any pest or relevant material at any time between their landing from a third country and the time when they are discharged by an inspector under this Order, includes any owner or other person for the time being in possession of or beneficially interested in the pest or relevant material;

“inspector” means any person authorised by the Department to be an inspector for the purposes of this Order;

“IPPC” means the International Plant Protection Convention 1951¹⁰;

“ISPM No 4” means International Standard for Phytosanitary Measures No. 4 of November 1995 on the requirements for the establishment of pest-free areas, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations

“ISPM No.10” means International Standard for Phytosanitary Measures No.10 of October 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“ISPM No 15” means International Standard for Phytosanitary Measures No.15 of March 2002 on the regulation of wood packaging material in international trade, prepared by the Secretariat of the IPPC established by the Food and Agriculture Organisation of the United Nations;

“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of such tree;

“the list of controlled material” means Schedule 6 to the Plant Health Regulations;

“the list of PFA controlled material” means Schedule 7 to the Plant Health Regulations;

“the list of prohibited infested material” means Schedule 2 to the Plant Health Regulations”;

“the list of prohibited material” means Schedule 3 to the Plant Health Regulations;

“the list of prohibited plant pests” means Schedule 1 to the Plant Health Regulations;

“the list of regulated material” means Schedule 4 to the Plant Health Regulations;

“national plant protection organisation” means the service established by the government of a third country to discharge the functions specified in Article IV(1)(a) of the IPPC, details of which have been notified—in the case of the contracting parties to the IPPC, to the Director of the Food and Agriculture Organisation of the United Nations; andin all other cases, to the national plant protection organisation of the United Kingdom ;

“North America” means the geographical area comprising Canada, Mexico and the USA;

“NI Order” means the Plant Health Order (Northern Ireland) 2018;

“NI Wood and Bark Orders” means the Plant Health (Wood and Bark) Order (Northern Ireland) 2006 and the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005;

“notifiable relevant material” means any relevant material—of a description specified in Schedule 5 to the Plant Health Regulations;of a description specified in Schedule 7 to the Plant Health Regulations, originating in a third country;

“notified EU material” means any notifiable relevant material originating in the European Union or Switzerland which is intended to be, or has been, consigned to the United Kingdom from the European Union or Switzerland via a point of entry in Northern Ireland and whose arrival in Northern Ireland has been notified to the Department in accordance with Article 5(A1);

“point of entry” means—in the case of relevant material which arrives by air, the airport at which the material first arrives in the United Kingdom;in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives in the United Kingdom;in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives in the United Kingdom;in the case of relevant material which arrives by road, the initial destination of the material after its arrival in the United Kingdom;

“prescribed requirements”, in relation to any notifiable relevant material, means—the requirements specified in respect of the material in Article 4; orin the case of any material which is destined for a UK pest free area which includes Northern Ireland but not England, the requirements specified in respect of that material in Article 4 of this Order or Article 5 of the NI Order;

“relevant Plant Health Order” means—in relation to relevant material destined for Northern Ireland, the NI Order and the NI (Wood and Bark) Orders;in relation to relevant material destined for England, the Plant Health (England) Order 2015 and the Plant Health (Forestry) Order 2005 in its application to England;in relation to relevant material destined for Wales, the Plant Health (Wales) Order 2018 and the Plant Health (Forestry) Order in its application to Wales;in relation to relevant material destined for Scotland, the Plant Health (Scotland) Order 2005 and the Plant Health (Forestry) Order 2005 in its application to Scotland;

“trade documents” in relation to a consignment of notifiable relevant material, means the invoice, delivery note, consignment note or other similar document;

“official” in relation to any testing or other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the appropriate UK plant health authority or the national plant protection organisation of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;

“official body of destination” has the same meaning as in Article 2(1)(l) of the Directive;

“official body of point of entry” has the same meaning as in Article 2(1)(k) of the Directive;

“official label” means a label that meets the relevant requirements set out in Schedule 9, issued by or with the authority of the appropriate UK plant health authority ;

“official statement” means a statement issued by an authorised officer or a statement included in a UK plant passport ;

“pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious or likely to be injurious to any tree or wood and includes a culture of such pathogen or organism;

“pest free area” means that part of a UK pest free area that is in Northern Ireland or, where the UK pest free area includes two or more separate parts of Northern Ireland, each such part;

“phytosanitary certificate” means a certificate which complies with the relevant requirements of Articles 6 and 14;

“phytosanitary certificate for re-export” means a certificate which complies with the relevant requirements of Articles 6 and 14;

“place of production” means any premises, normally worked as a unit, together with any contiguous land in the same ownership or occupation as such premises;

“the Plant Health Regulations” means the Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019;

“premises” includes any land, building (other than a private dwelling house), vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;

“producer” in relation to relevant material means a person who grows or makes the material in the course of a trade or business;

“register” means the register of forestry traders maintained under Article 23(1);

“registered” in relation to a forestry trader means a trader whose particulars are listed in the register, and “registration” shall be construed accordingly;

“regulated pest” means—a plant pest of a description specified in Part A, B or D of the list of prohibited plant pests;a plant pest of a description specified in Part C of the list of prohibited plant pests which relate to a pest free area;a plant pest of a description specified in Column 3 of Part A, B or D of the list of prohibited infested material;a plant pest of a description specified in column 3 of Part C of the list of prohibited infested material which relates to a pest free area;

“relevant material” means any wood or isolated bark or any machinery or vehicle which has been operated for agricultural or forestry purposes ;

“solid fuel wood” means fuel wood in the form of logs, billets, twigs, faggots, chips or other similar forms;

”third country” means—a country or territory outside the European Union, other than a territory or country within the British Islands; orthe European Union;

“UK pest free area” means an area in the United Kingdom which has been established as a pest free area in accordance with ISPM No. 4;

“UK plant passport” means a label and, where appropriate, an accompanying document that meets the relevant requirements set out in Schedule 9 issued by or with the authority of the appropriate UK plant health authority, and includes any replacement of such a passport;

“UK territory” means England, Northern Ireland, Scotland or Wales;

“USA” means the United States of America (except the state of Hawaii);

“wood”, save where expressly provided otherwise, means—any wood which retains part or all of its natural round surface, with or without bark; orwood in the form of chips, particles, shavings, sawdust, wood waste or scrap; and whether or not satisfying the requirements of paragraph (a) or (b), wood packaging material; dunnage,wood packaging material;

”wood packaging material” means wood in the form of packing cases, boxes, crates, drums or similar packings, pallets, box pallets or other load boards, pallet collars or dunnage, whether or not actually in use in the transport of objects of any kind;

“working day”, in relation to the notice requirements in articles 5(3)(b)(ii) and 15(3) and 17(4) and the period for which material may be detained under article 13(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971;

“working hour” means a period of one hour during a working day.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Unless expressly provided otherwise, any reference in this Order to the European Union, to a member State or a third country includes a reference to a state, country, principality, province or region within the European Union, member State, or third country, as the case may be.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of the definition of “appropriate UK plant health authority”, “forest pests” and “timber pests” have the same meaning as in the Plant Health Act 1967.

PART 2 — IMPORTS FROM THIRD COUNTRIES

Application of Part 2

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Prohibitions and restrictions on landing pests and relevant material

4

(A1) No person may bring any of the following into Northern Ireland—

(a) any pest of a description specified in Part A, B or D of the list of prohibited plant pests;

(b) any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a pest of a description specified in the corresponding entry in respect of that description of relevant material in column 3;

(c) any pest which, although not specified in Part A, B or D of the list of prohibited plant pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland;

(d) any relevant material of a description specified in column 2 of Part A or B of the list of prohibited material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3;

(e) any relevant material of a description specified in column 2 of Part A or D of the list of regulated material, unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(f) in the case of any relevant material which is destined for a UK pest free area, any pest of a description specified in column 2 of Part C of the list of prohibited plant pests which relates to that UK pest free area;

(g) in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of Part C of that list which is carrying or infested with a pest of a description specified in the corresponding entry in column 3;

(h) in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that part, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The prohibition in paragraph (A1)(d) or (1)(d) shall not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of pests.

(3) The prohibitions in paragraph (A1)(b) to (h) do not apply to relevant material which enters a point of entry that is located in another UK territory and is discharged in that territory in accordance with Article 11 of this Order, Article 3 of the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005 or Article 12 of any other relevant Plant Health Order.

Advance notification of landing

5

(A1) No person may bring any notifiable relevant material into a point of entry that is located in Northern Ireland, unless notice is given in accordance with this Article.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A notice under paragraph (A1) shall—

(a) be in accordance with the requirements of Schedule 12;

(b) subject to paragraph (5), be given in time to arrive at the office of the Department—

(i) in the case of any relevant material brought by air; at least four hours, and

(ii) in any other case; at least three working days,

before its arrival .

(4) The address to which a notice shall be given under paragraph (A1) shall be such address as the Department shall specify from time to time, which may include an address for electronic communications.

(5) Where a person who is required by paragraph (A1) to give notice of the arrival of any relevant material can reasonably show that he was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he was unaware that the material had been consigned, he shall give notice as soon as is reasonably practicable.

Requirements for certificates

6

(A1) Subject to Article 7 and to paragraph (6), no person may bring any notifiable relevant material into a point of entry that is located in Northern Ireland unless the material is accompanied by one of the following certificates which certifies that the material meets the prescribed requirements—

(a) a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned;

(b) where paragraph (2) applies, by a phytosanitary certificate for re-export.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where relevant material consigned to Northern Ireland via any third country by way of transit has been split up, combined with other consignments or repackaged, that material shall be accompanied by a phytosanitary certificate for re-export issued in the country of transit.

(3) Where relevant material consigned to Northern Ireland via any third country by way of transit—

has or may have been exposed to infection or contamination by any pest;

no longer remains the same material specified in the phytosanitary certificate which accompanies it; or

has been processed so as to change its nature,

the phytosanitary certificate required to accompany it shall be issued in the country of transit

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases shall be the original certificate.

(6) Provided the material is transported in such a way as to prevent the accidental escape of pests and does not undergo any change in its customs status, paragraph (A1) and paragraph (1) do does not apply to—

(a) relevant material landed in Northern Ireland which, under appropriate customs procedures, is in the course of its consignment between two third countries; or

(b) relevant material brought into Northern Ireland which has been consigned to Northern Ireland from another part of the United Kingdom via a third country.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions from certain prohibitions and requirements

7

(A1) The provisions referred to in paragraph (A2) do not apply to—

(a) any wood described in paragraph (2) originating in any third country, other than the European Union or Switzerland, which is brought into Northern Ireland in the baggage of a passenger or other traveller coming from any such third country and meets the conditions in paragraph (A3); or

(b) any small quantity of relevant material originating in the European Union or Switzerland which is brought into Northern Ireland in the baggage of a passenger or other traveller coming from the European Union or Switzerland and meets the conditions in paragraph (A3).

(A2) the provisions are—

(a) Article 4(A1)(e) and (h);

(b) Article 5(A1);

(d) Article 6(A1);

(e) Article 9A;

(f) Article 11A.

(A3) The conditions are that the relevant material—

(a) does not show any signs of the presence of a pest;

(b) is not intended for use in the course of a trade or business;

(d) in the case of any wood originating in a third country, other than the European Union or Switzerland, has been consigned from the Euro-Mediterranean area.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The wood referred to in paragraph (A1) is that without bark which does not exceed 5 pieces and 1 metre each in length.

Presentation and display of documents

8

(A1) The following documents must be delivered to an inspector by the importer of a consignment of notifiable relevant material within three days of the date of entry of the consignment into Northern Ireland—

(a) any phytosanitary certificate or phytosanitary certificate for re-export which is required under Article 6(A1) to accompany a consignment of notifiable relevant material; and

(b) in the case of notified EU material, the trade documents which accompany the consignment.

(B1) The importer of a consignment of notifiable relevant material must include in a customs document relating to the consignment—

(a) a statement that “this consignment contains produce of phytosanitary relevance”;

(b) the reference number of the phytosanitary certificate or phytosanitary certificate for re-export which is required under Article 6(A1) to accompany the consignment; and

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of a consignment imported into Northern Ireland by post, any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by Article 6 to accompany that material shall be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate shall be affixed to the outside of each of the remaining packages.

(4) Paragraph (A1) does not apply to any notifiable relevant material which is in the course of its consignment to an approved place of inspection in another UK territory.

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

9

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

10

The prohibition imposed by Article 9A(3) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector shall not apply to—

(a) any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in its customs status and which is transported in such a way as to prevent the accidental escape of pests.

(b) any wood excepted by Article 7 from the requirements in Article 6; or

(c) any relevant material which is consigned to Northern Ireland from another part of the United Kingdom via a third country without any change in its customs status and which is transported in such a way as to prevent the accidental escape of pests.

Plant health discharge

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(A1) Paragraph B1 applies to any notifiable relevant material, other than notified EU material, which is brought into a point of entry that is located in Northern Ireland and is not in the course of its consignment to an approved place of inspection in another UK territory.

(B1) An inspector may discharge notifiable relevant material from its point of entry, designated area of plant health control or approved place of inspection in Northern Ireland if the inspector is satisfied that—

(a) the material meets the prescribed requirements;

(b) the relevant material corresponds with the description given to it in the phytosanitary certificate or phytosanitary certificate for re-export which accompanied the material on entry; and

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of satisfying himself as to any of the matters in paragraph (B1)(a) (in its application to Northern Ireland) in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging, including any wood packaging material and, where necessary, the vehicle transporting that consignment or lot—

(a) in its entirety; or

(b) on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) An inspector may, for the purpose of being satisfied as to matters in paragraph (B1)(b), carry out an examination of a consignment of relevant material to determine whether it corresponds to its description in the documents that accompany it.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where the official body of point of entry of any relevant material that has been consigned to Northern Ireland via another part of the European Union by way of transit has agreed with the Department, as the official body of destination, that the Department shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.

(8) Where an inspector is satisfied as to the matters referred to in paragraph (B1)(c) or in paragraph (2)(g) he shall—

(a) stamp the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate with the official stamp of the Department and the date the certificate was delivered in accordance with Article 8(A1) or 8(1); ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) An inspector may, for the purpose of performing an examination under paragraph (3) , require the occupier or other person in charge of the premises in which the examination is to take place to provide—

(a) where appropriate, suitable areas of inspection; and

(b) adequate lighting.

Request to an officer of Revenue and Customs for material to be detained

12

(1) Where he has reasonable grounds for suspecting that there is a risk of spread of any pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in Article 13(1) for the purpose of enabling the inspector to enforce any provision of this Order.

(2) A request under this Article—

(a) may identify the relevant material in any way; and

(b) shall be made—

(i) in writing; or

(ii) orally and confirmed in writing.

(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under Article 13(1) he shall advise that officer in writing of that notice or action.

Power of an officer for Revenue and Customs

13

(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with Article 12(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is subject to the control of an officer of Revenue and Customs within the meaning of Schedule 1 to the Taxation (Cross-border Trade) Act 2018 .

(2) The Commissioners for Her Majesty’s Revenue and Customs may direct that any relevant material detained under paragraph (1) shall be dealt with during the period of its detention in such manner as they may specify.

(3) The importer of any relevant material detained under paragraph (1) shall be responsible for the costs of storage which arise during the period of its detention.

General provisions relating to certificates

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(1) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed by an authorised officer in accordance with the relevant requirements of this Article and—

(a) until 31st December 2009, shall—

(i) where it is issued by a contracting party to the IPPC, be in the form set out in Part A or B, respectively, of either Schedule 10 or Schedule 11; and

(ii) in any other case, be in the form set out in Part A or B, respectively, of Schedule 10; and

(b) on and after 1st January 2010, shall be in the form set out in Part A or B, respectively, of Schedule 11.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A phytosanitary certificate or phytosanitary certificate for re-export shall—

(a) be issued by ... or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC

(b) be issued in English ;

(d) be addressed to the “ he Plant Protection Organisation of the United Kingdom ”; and

(e) be completed in typescript or block capitals.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) Where in relation to any relevant material of a description specified in column 2 of Part A, C or D of the list of regulated material, more than one set of entry requirements is specified in the corresponding entry in column 3 of Part A, C or D of that list, the phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of that description must specify under the heading “Additional declaration” which particular requirement has been complied with.

(5) A phytosanitary certificate or a phytosanitary certificate for re-export shall be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.

(6) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.

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

15

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Approved places of inspection

16

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PART 3 — INTERNAL... CONTROLS ON MOVEMENT

Prohibitions and restrictions on landing pests and relevant material

17

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Prevention of the spread of pests

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements for plant passports

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions from certain prohibitions and requirements

20

The ...requirements in Article 19(1), (2), (5) and (6) for certain relevant material to be accompanied by a plant passport or, as regards Northern Ireland, Article 19A(1)(a), (2)(a) and (3) shall not apply to small quantities of any relevant material, other than wood and bark of FraxinusL., not showing any signs of the presence of any pest, which—

(a) is not intended for use in the course of a trade or business; and

(b) is intended for household use.

Validity of plant passports for Northern Ireland

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions relating to plant passports

22

(1) Any alteration or erasure in a UK plant passport shall automatically invalidate that UK plant passport unless the alteration or erasure is certified by the authorised officer or the forestry trader authorised under Article 26 to issue the UK plant passport placing his hand written initials next to the alteration or erasure.

(2) A UK plant passport relating to any relevant material shall be treated as accompanying that relevant material only if the UK plant passport is—

(a) affixed to the relevant material or to the packaging of that material by an authorised officer, the forestry trader authorised to issue it or an inspector; or

(b) carried in the vehicle transporting that material.

(3) A UK plant passport, insofar as it comprises an official label, shall be affixed in such a way that it cannot be re-used.

(4) A person may only issue a replacement UK plant passport—

(a) to replace a UK plant passport issued in respect of a consignment—

(i) that has been divided up;

(ii) that has been combined, or part of which has been combined with another consignment; or

(iii) whose plant health status has changed; and

(b) if he is satisfied that the relevant material to which the replacement UK plant passport will relate—

(i) can be identified; and

(ii) is free from any risk of infestation by a pest specified in either Schedule 1 or 2 to the Plant Health Regulations .

PART 4 — REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE UK PLANT PASSPORTS

Register of forestry traders

23

(1) The Department shall maintain a register listing the following particulars with respect to each forestry trader who meets the requirements of this Part:

(a) the name of the forestry trader;

(b) the name of the person responsible for making the application where that person is not the forestry trader;

(d) details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake;

(e) the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and

(f) a registration number unique to the forestry trader.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration requirements

24

(1) Every forestry trader may apply to the Department for registration.

(2) An application for registration shall be made in writing to the Department and shall be in such form and contain such information as the Department may from time to time reasonably require to enable them to register the forestry trader in respect of the activity and premises in relation to which the application is made.

(3) If, after a forestry trader has applied to the Department to be registered under paragraph (2) but before registration has taken place, there is any change in his circumstances recorded in the application, he shall notify the Department immediately in writing of any such change.

(4) Every registered forestry trader shall notify the Department immediately in writing of any change in the particulars listed in the register with respect to him.

(5) Subject to paragraph (6), the Department shall register a forestry trader who meets the requirements of this Article in respect of the activity and premises in relation to which he has applied to be registered and shall notify the forestry trader when registration has taken place.

(6) The Department shall only register a forestry trader in respect of an activity or premises if they are satisfied that he is able and willing to comply with the conditions specified in Article 25(1).

(7) A forestry trader shall not engage in the production of relevant material or the direct import of relevant material from third countries unless he is registered.

Conditions for maintaining registration as a forestry trader

25

(1) A registered forestry trader shall in relation to the activities and premises to which his registration relates comply with the following conditions:

(a) he shall keep an accurate plan of the premises;

(b) he shall keep a record of relevant material purchased by him or brought onto the premises for storage or production on those premises, and of relevant material under production on or dispatched from those premises;

(c) he shall keep all documents, created or received by him, relating to the records kept under subparagraph (b), for at least one year from the date he created or received them;

(d) he shall designate an individual (whether himself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who shall be available to liaise with the Department in relation to matters arising under this Order;

(e) he shall examine his premises and relevant material at such times and in a manner specified in guidelines issued from time to time by the Department;

(f) he shall make a declaration at such time and in such form as the Department may from time to time require that he is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e); and

(g) he shall comply with any other conditions which may be specified by the Department which they consider necessary to enable them to assess the presence of or spread of any pest on the premises by reason of the condition of those premises.

(2) Where the Department are satisfied that a registered forestry trader has failed to comply with any of the conditions specified in paragraph (1) they may suspend his registration until they are satisfied that he is able and willing to comply with those conditions.

Authority to issue plant passports

26

(1) Where a registered forestry trader wishes to issue UK plant passports in relation to any relevant material to be moved from his premises he shall apply to the Department for the authority to do so.

(2) An application under paragraph (1) shall be in writing, shall give such notice as the Department may reasonably specify to allow them to undertake any necessary examination of the premises to which the application relates and of any relevant material there and shall contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as the Department may from time to time reasonably require.

(3) The Department shall grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, they are satisfied—

(a) that the premises and relevant material are free from any relevant organisms; and

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(4) The Department’s authority to issue UK plant passports shall be given in writing and may be granted subject to such conditions as they consider appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such UK plant passports shall be valid.

(5) The Department may suspend the operation of an authority to issue UK plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered forestry trader and any relevant material there, they are not satisfied that—

(a) the premises or the relevant material are free from any relevant organisms; or

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(6) The Department may suspend the operation of or vary to the extent they consider necessary an authority to issue UK plant passports if they are satisfied that the registered forestry trader has—

(a) failed to comply with any of the conditions specified in Article 25(1);

(b) failed to notify them in accordance with Article 24(4) of any change in the particulars listed in the register with respect to him; or

(d) failed to comply with any conditions in the authority issued by them under paragraph (4).

(7) For the purposes of this Article “relevant organism” means—

(a) any pest specified in Schedule 1; or

(b) in relation to relevant material of a description specified in Schedule 2, any pest of a description specified in that Schedule opposite the reference to that relevant material.;

PART 5 — SWISS TRADE AND SWISS PLANT PASSPORTS

Swiss trade and Swiss plant passports

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PESTS

Examination, sampling and marking

28

(1) An inspector shall have a right on producing his authority, if so requested, at all reasonable times to enter any premises for the purpose of enforcing the provisions of this Order and in particular—

(a) checking compliance with any provision of this Order; or

(b) carrying out an examination of a forestry trader’s premises or of relevant material or documents or records on such premises for any purpose in connection with the granting, withdrawing or suspending of any authority to issue a UK plant passport under Article 26.

(2) An inspector entering premises by virtue of paragraph (1) may—

(a) examine, photograph or mark any part of the premises or any object on the premises;

(b) take samples of or from any pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and

(c) inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.

(3) An inspector may, for the purpose of exercising any of his powers under paragraph (2), open, or authorise any person to open on his behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.

(4) An inspector may, so far as is necessary to enable him to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he may specify the movement, treatment or destruction of any pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.

(5) Where any such record or document as is mentioned in paragraph 2(c) is kept by means of a computer, an inspector may—

(a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and

(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph 2(b) where that sample is no longer required in connection with this Order.

(7) An inspector entering premises by virtue of paragraph (1) may take with him such other persons..., and such equipment and vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Department, remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.

Actions which may be required by an inspector

29

(1) If an inspector has reasonable grounds for suspecting that any pest or relevant material is likely to be, or has been brought into a point of entry located in Northern Ireland in contravention of this Order he may serve a notice in writing in accordance with paragraphs (2) and (3).

(2) An inspector may serve a notice under paragraph (1) on—

(a) a forestry trader or other person who is in possession of or in any way entitled to the custody or control of the pest or relevant material which has been brought into the point of entry ; or

(b) any person in charge of the premises from which any pest or relevant material is likely to be or has been brought into the point of entry.

(3) A notice under paragraph (1) may—

(a) prohibit the bringing in of any pest or relevant material;

(b) specify the manner in which any pest or relevant material is to be brought in and the precautions which are to be taken during and subsequent to its entry ;

(c) require any pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(d) prohibit the removal of any pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any pest;

(e) require the removal of any pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;

(f) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any pest in such a manner and within such reasonable time as may be specified in the notice.

(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises anything referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such pest or relevant material—

(a) require any pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(b) prohibit the removal of any pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any pest;

(c) require the removal of any pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(d) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any pest in such manner and within such reasonable time as may be specified in the notice.

(5) The pests referred to in paragraph (4) are—

(a) a pest of a description specified in Schedule 1 or in column 3 of Schedule 2 or, as regards Northern Ireland, a regulated plant pest ;

(b) any pest which is not normally present in Northern Ireland and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Northern Ireland; ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The relevant material referred to in paragraph (4) is—

(a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a pest referred to in paragraph (5); and

(b) any relevant material the landing of which in Northern Ireland is prohibited under Article 4... or the movement of which in Northern Ireland is prohibited under Article 18 or, as regards Northern Ireland, Article 18A .

(6A) Subject to this Article, in the case of relevant material imported from the EU which did not require a plant passport immediately before exit day, such material will not be subject to checks under Articles 11A and 28 of this Order.

(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any pest from the premises mentioned in paragraph (4), he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.

Actions which may be taken by an inspector

30

(1) Without prejudice to Article 29, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps—

(a) to destroy any pest referred to in paragraph (2) and to prevent the spread of any such pest; or

(b) to destroy or treat any relevant material referred to in paragraph (3).

(2) The tree pests referred to in paragraph (1) are—

(a) a pest of a description specified in Schedule 1 or column 3 of Schedule 2; or, as regards Northern Ireland, a regulated pest and

(b) any pest not normally present in Northern Ireland and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Northern Ireland;

(3) The relevant material referred to in paragraph (1) is—

(a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a pest referred to in paragraph (2); and

(b) any relevant material not carrying or infected with a pest referred to in paragraph (2) but in respect of which there is, in the opinion of the inspector, an imminent danger of such a pest spreading or being spread.

(4) An inspector on entering any premises under paragraph (1) may take with him such persons..., and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph.

(5) Any person whom an inspector takes with him on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his authority given in that behalf by the Department, remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.

Miscellaneous provisions as to notices

31

(1) A notice served under paragraph (1) or (2) of Article 29 may specify one or more requirements or alternative requirements.

(2) Any treatment, re-export, destruction or disposal required by a notice served under Article 29 shall be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no pest or relevant material to which the notice relates shall be moved otherwise than directly from or to such a place.

(3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.

(4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any pest or re-infection or re-infestation by the pest to which the original notice relates.

(5) Any notice served under this Part may define by reference to a map or plant or otherwise the extent of the premises referred to in the notice.

(6) Where a notice is served under paragraph (2) or (4) of Article 29 (“an Article 29 notice”), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him to be in charge of the premises to which the Article 29 notice relates, require the person on whom the notice is served to inform—

(a) the Department of any change in the occupation of the premises to which the Article 29 notice relates together with the date of such change and the name of the new occupier; and

(b) the new occupier of the premises of the contents of the Article 29 notice.

Service of notices

32

(1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—

(a) by delivering it to him personally;

(b) by leaving it for him at his last known place of abode or business; or

(2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates.

(3) Subject to paragraph (4), a notice served under this Order may—

(a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b) in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or

(c) in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

(4) In the case of a registered forestry trader a notice under this Order shall be served on the trader either by delivering it to him personally, or by leaving it for him, or sending it through the post addressed to him, at the address of his premises listed in the register or, if more than one such address is registered, any address specified by the trader as his principal address.

Information as to compliance with notices

33

A person on whom a notice has been served under this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.

Failure to comply with a notice

34

(1) If any person fails to comply with a notice served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.

(2) An inspector entering any premises under paragraph (1) may take with him such other persons..., and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Department, may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.

(3) Where an inspector takes any steps pursuant to paragraph (1), the Department may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.

PART 7 — LICENCES

Licences to carry out activities prohibited by this Order

35

(1) Notwithstanding any of the provisions of this Order, any pest or relevant material may be imported into or , kept, stored, sold, planted, moved or otherwise disposed of in Northern Ireland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Department—

(za) in the case of any licence granted by the Department, in exercise of any derogation permitted by Schedule 8 to the Plant Health Regulations

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A licence granted under article 35 (1) shall be in writing and may be granted—

(a) subject to conditions;

(b) for an indefinite period or a specified period.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

36

(A1) The Department must by licence authorise the importation, movement or keeping of any pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections in Northern Ireland, where the importation, movement or keeping of the pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Department—

(a) have received an application for a licence containing the information set out in Part A of Schedule 13A; and

(b) are satisfied that the general conditions set out in Part B of Schedule 13A are met in relation to the application.

(B1) A licence granted under paragraph (A1) must be in writing and include—

(a) the conditions specified in Part C of Schedule 13A which are relevant to any pest or relevant material that is the subject of the activities to which the licence relates;

(b) any other conditions as the Department may determine in relation to licence quarantine measures that are appropriate in respect of those activities.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where it is established to their satisfaction that the licensee has not fulfilled any condition paragraph (B1)(b) imposed on a licence, the Department shall revoke the licence.

(4) At the conclusion of any activities to which a licence granted under paragraph (A1) relates the licensee shall—

(a) subject to paragraph (5), destroy or sterilise any pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such pest or relevant material; and

(b) sterilise, or clean in such other manner as may be specified by the Department, the premises and facilities at which the activities were undertaken.

(5) The Department may authorise the licensee to refrain from destroying any relevant material under paragraph 4(a) if they are satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the Department to be free from the pests listed in this Order or, as regards Northern Ireland, any regulated pest and from other pests considered by them to pose a risk.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this Article—

(a) “appropriate quarantine measures” means such quarantine measures as may be specified by the Department; and

(aa) “licence quarantine measures”, as regards Northern Ireland, means the measures specified in Part D of Schedule 13A.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 — NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

Notification of the presence or suspected presence of certain pests

37

(1) The occupier or other person in charge of premises who knows or suspects that any notifiable pest 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 pest on any premises, shall immediately give notice, either orally or in writing, to the Department or an inspector of the presence or suspected presence of such pest. Notification under this paragraph which is given orally shall be confirmed in writing as soon as reasonably practicable.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) In paragraph (1), “notifiable pest”, as regards Northern Ireland, means any regulated pest or any other pest, is not normally present in Northern Ireland and which is likely to be injurious to trees in Northern Ireland.

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

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information to be given

39

(1) An inspector or any other officer of the Department may by notice in writing require any person referred to in paragraph (2) to give 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 Department to have or have had in his possession or under his charge—

(i) any pest which is of a description specified in Schedule 1 or 2 to the Plant Health Regulations; ;

(ii) any pest other than a regulated pest which, although not specified in Schedule 1 or 2 to the Plant Health Regulations, is not normally present in Northern Ireland and is likely to be injurious to trees in Northern Ireland;

(iii) any relevant material carrying or infected with a pest mentioned in sub-paragraph (i) or (ii); or

(iv) any relevant material which an inspector or any other officer of the Department knows to have been landed or suspects has been landed in, or exported from, Northern Ireland; or

(c) as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things 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 products stored at any time on the premises referred to in paragraph (2)(a);

(b) as to any 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 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, UK plant passports, records, invoices or other documents relating to any pest or relevant material to which that information relates.

PART 9 — OFFENCES

Offences

40

(1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him—

(a) subject to paragraph (2), he contravenes or fails to comply with—

(i) Article 5(A1);

(ia) Article 5A(1);

(ii) Article 8(1);

(iii) Article 9A(2) or (3);

(iv) Article 15A(2), (3) or (4);

(v) Article 18A(1) or (2);

(vi) Article 19A(1), (2) or (3);

(vii) Article 22(3) or (4);

(viii) Article 24 (3), (4) or (7);

(ix) Article 25(1);

(x) Article 33;

(xi) Article 36(4);

(xii) Article 37(1); and

(xiii) Article 38(1);

(b) he contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order; or

(bb) contravenes or fails to comply with any prohibition or restriction in a notice issued under Article 28A;

(c) he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.

(2) Paragraph 1(a) shall not apply where an article of any description is landed in Northern Ireland in contravention of a prohibition in this Order¹¹ other than the prohibition in Article 5(1).

(3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he—

(a) knowingly or recklessly makes a statement which is false in a material particular, or

(b) intentionally fails to disclose any material information.

(4) A person shall be guilty of an offence if he—

(a) dishonestly issues a plant passport; or

(b) dishonestly alters a plant passport, or re-uses a plant passport.

(5) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(6) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Penalties

41

A person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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