The Plant Health (Forestry) (Great Britain) Order 1993

• (f) requires that specified relevant material is to be accompanied by a plant passport when landed in or moved within Great Britain following consignment from a Member State, introduced into or moved within the Dendroctonus micans protected zone, or consigned from Great Britain to another Member State or to a protected zone outside Great Britain (article 8);

• (g) requires that specified relevant material, when landed in Great Britain following direct consignment from a country not in the European Community, is to be accompanied by a phytosanitary certificate or industry certificate (article 9);

• (h) lays down certain exceptions from the requirements for phytosanitary certificates or industry certificates (article 10);

• (i) lays down various general provisions relating to certificates and related inspections (articles 12 and 13);

• (j) provides for the establishment of a register of forestry traders and lays down the procedure and conditions for registration (articles 14, 15 and 16);

• (k) lays down various general provisions relating to plant passports (articles 17 and 18);

• (l) requires the notification of the presence of specified tree pests and relevant material (articles 19 and 20);

• (m) enables an inspector to take precautionary or remedial action where tree pests or relevant material are or are likely to be landed in contravention of the Order or are likely to be present on premises (article 21);

• (n) enables an inspector to enter premises, to carry out examinations and take samples, and to take remedial action where the requirements of a notice served under the Order have not been complied with (articles 22, 24 and 26);

• (o) requires an inspector to obtain a warrant from a justice of the peace or sheriff before entering a dwelling house (article 27);

• (p) provides that anything that is otherwise prohibited under the Order may be done under authority of a licence granted in exercise of any derogation permitted by Directive 77/93/EEC (article 28);

• (q) provides that officers of Customs and Excise may detain tree pests or relevant material for examination by an inspector (article 29);

• (r) enables an inspector or other officer to require information in respect of specified tree pests and relevant material (article 30);

• (s) provides that the contravention of, or failure to comply with, any provisions of the Order (other than those relating to landing) shall be an offence punishable by a fine not exceeding £5,000 (article 31). (Any person who lands articles in contravention of a prohibition imposed by this Order with intent to evade such prohibition is guilty of an offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) and may be arrested. A person guilty of such an offence is liable, on summary conviction, to a penalty of £5,000 or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both; and, on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 7 years, or to both.)

Footnotes

[^f00001]: 1967 c. 8; sections 2(1), 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48). The powers conferred by sections 2 and 3 of the Plant Health Act 1967 are conferred on “a competent authority”, which expression is defined in section 1(2), as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners.

[^f00002]: 1972 c. 62.

[^f00003]: 1979 c. 2.

[^f00004]: OJ No. L26, 31.1.77, p.20.

[^f00005]: 1987 c. 53.

[^f00006]: See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part I

[^f00007]: S.I. 1989/823, amended by S.I. 1989/1951, 1990/2398 and 1992/3235