The Plant Health (England) (Amendment) (No. 2) Order 2008

Made: 19th October 2008

Laid before Parliament: 20th October 2008

Coming into force: 10th November 2008

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Title and commencement

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Amendments to the Plant Health (England) Order 2005

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Signed

Jane Kennedy — Minister of State — Department for Environment, Food and Rural Affairs — 19th October 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health (England) Order 2005 (S.I. 2005/2530) so as—

• to clarify the scientific name for citrus longhorn beetle as Anoplophora chinensis (Forster);

• to prohibit imports of certain plant species originating in any third country where Anoplophora chinensis (Forster) is known to be present unless certain conditions are met (article 2(3)); and

• to require such plant species originating in such third countries or in the European Community to have a plant passport before being moved within the Community (article 2(4) and (5)).

It is an offence under the Plant Health (England) Order 2005 to contravene these requirements.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8.

[^f00002]: Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. These functions were transferred from the National Assembly for Wales to the Welsh Ministers under section 162 of, and paragraph 30(1) and (2) of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Under article 2(1) and (2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the remaining functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were transferred to the Secretary of State.

[^f00003]: S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307, 2007/2950 and 2008/2411.

[^f00004]: OJ No L 344, 26.11.1992, p 38.

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Editorial notes

[^key-a73bb63fcfa448d8814f2ac907bb592a]: Order revoked (E.) (1.7.2015) by The Plant Health (England) Order 2015 (S.I. 2015/610), Sch. 18