The Plant Health (Forestry) (Great Britain) (Amendment) Order 1995

Made: 14th July 1995

Laid before Parliament: 1st August 1995

Coming into force: 21st August 1995

The Forestry Commissioners, in exercise of the powers conferred on them by section 2 and 3 of the Plant Health Act 1967[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1

This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1995 and shall come into force on 21st August 1995.

Amendment of the Plant Health (Forestry) (Great Britain) Order 1993

2

• (1) The Plant Health (Forestry) (Great Britain) Order 1993[^f00002] shall be amended in accordance with the provisions of this article.

• (2) In article 16(1) (conditions for registration) there shall be inserted after sub-paragraph (g) the following sub-paragraph—

(h) he shall make a declaration at such time and in such form as the Commissioners may from time to time require that he is able and willing to comply with the conditions specified in the above sub-paragraphs and with the other provisions of this Order.

• (3) After article 19 there shall be inserted the following article—

(19A) (1) Subject to paragraph (2) below, no person shall land in Great Britain any relevant material of a description specified in column 2 of Part A of Schedule 4 unless he has notified an inspector of his intention to land that relevant material and of the proposed means of introduction and point of entry at least three days before the intended date of landing. (2) Paragraph (1) above shall not apply to items 11 to 19 of Part A of Schedule 4.

• (4) For Part B of Schedule 5 there shall be substituted the contents of the Schedule to this Order.

SCHEDULE

Signed

In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 14th July 1995.

T J D Rollinson — Secretary to the Forestry Commissioners

Explanatory note

(This note is not part of the Order)

This Order amends the Plant Health (Forestry) (Great Britain) Order 1993 so as to reflect changes in the recognized protected zones agreed in accordance with the procedure laid down by Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No. L26, 31.1.77, p.20), as amended. The Order also completes the implementation of the amendment to Council Directive 77/93/EEC made by Commission Directive 93/110/EC (OJ No. L303, 10.12.93, p.19) (article 2(4)).

The Order contains provisions to improve protection against the introduction and spread of tree pests. It permits the Forestry Commissioners to require a forestry trader to make a declaration of his ability and willingness to comply with the provisions of the Plant Health (Forestry) (Great Britain) Order 1993 as a condition of being listed in the register of forestry traders (article 2(2)), and it provides that prior notification must be given to an inspector of intention to import relevant material from countries outside the European Community (article 2(3)).

Footnotes

[^f00001]: 1967 c. 8; sections 2(1) and 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]: S.I. 1993/1283, amended by S.I. 1994/3094.