The Plant Health (England) (Amendment) (No.2) Order 2013

Made: 13th June 2013

Laid before Parliament: 19th June 2013

Coming into force: 15th July 2013

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Title and commencement

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Amendment of the Plant Health (England) Order 2005

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Amendment of article 2 (general interpretation)

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Amendment of article 6 (advance notification of landing)

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Amendment of article 12 (plant health discharge)

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Amendment of article 22 (exceptions from certain prohibitions and requirements)

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Amendment of Schedule 1 (plant pests which shall not be landed in or spread within England)

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Amendment of Schedule 3 (relevant material which may not be landed in England if that material originates in certain third countries)

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Amendment of Schedule 4 (restrictions on the landing in and movement within England of relevant material)

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Amendment of Schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required)

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Amendment of Schedule 6 (prohibitions on the landing in and movement within England of relevant material without a plant passport)

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Amendment of Schedule 7 (prohibitions on the consignment of relevant material to another part of the European Union without a plant passport)

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Signed

de Mauley — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 13th June 2013

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) (“the principal Order”).

Articles 6, 7 and 9 to 12 amend article 22 of, and Schedules 1, 4, 5, 6 and 7 to, the principal Order. The amendments implement the specific control measures in the Commission Implementing Decisions referred to in article 3(1)(a) and Commission Implementing Decision 2013/67/EU amending Decision 2004/416/EC on temporary emergency measures in respect of certain citrus fruits originating in Brazil (OJ No L 31, 31.1.2013, p. 75).

Articles 3(1)(c), 4 and 5 amend the definition of “protected zone” in article 2(1), and make minor amendments to articles 6(2) and 12(2), of the principal Order to take account of Commission Regulation (EC) No 690/2008 recognising protected zones exposed to particular plant health risks in the Community (OJ No L 193, 22.7.2008, p. 1).

Article 8 amends Schedule 3 to the principal Order to implement Commission Implementing Decision 2012/219/EU recognising Serbia as being free from *Clavibachter michiganensis* ssp. *Sepedonicus* (Spieckerman and Kotthof) Davis *et al*. (OJ No L 114, 26.4.2012, p. 28).

Article 3 (1)(a) and (d) provides for the references to Commission Implementing Decision 2012/756/EU, Commission Implementing Decision 2012/697/EU, Commission Implementing Decision 2012/270/EU, Commission Implementing Decision 2012/138/EU and [Commission Regulation (EC) No 690/2008](https://www.legislation.gov.uk/european/regulation/2008/0690) in the principal Order to be read as references to those instruments as amended from time to time.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen. The Explanatory Memorandum for this instrument is available alongside the instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: 1967 c.8. Sections 2 and 3(1) were amended by the European Communities Act 1972 (c.68), Schedule 4, paragraph 8 and S.I. 2011/1043, article 6(1). Section 2(2) was amended by the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 12. Section 2(3) was inserted by S.I. 1990/2371, Schedule 1, paragraph 1. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2), for England and Scotland as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners and otherwise, for England, as the Secretary of State.

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

[^f00003]: 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

[^f00004]: S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307, 2007/2950, 2008/2411, 2765, 2009/587, 2010/2962, 2011/1043, 2012/2922, 3033.

[^f00005]: The definition of “Decision 2008/840/EC” was inserted by S.I. 2010/2962, article 2(2). The definition of “protected zone” was amended by S.I. 2006/2307, article 2(2)(d). There are other amendments to article 2(1), but none is relevant.

[^f00006]: OJ No L 64, 3.3.2012, p.38.

[^f00007]: OJ No L 132, 23.5.2012, p.18.

[^f00008]: OJ No L 311, 10.12.2012, p.14.

[^f00009]: OJ No L 335, 7.12.2012, p.49.

[^f00010]: OJ No L 193, 22.7.2008, p.1.

[^f00011]: Article 2(3) was amended by S.I. 2006/2307, article 2(3).

[^f00012]: Article 6(2) was amended by S.I. 2011/1043, article 4(1).

[^f00013]: Article 12(2)(aa) was inserted by S.I. 2006/2307, article 2(4)(a). Article 12(2)(cc) was inserted by S.I. 2006/2307, article 2(4)(b).

[^f00014]: Article 22(2) was inserted by S.I. 2006/2307, article 2(5).

[^f00015]: Part A of Schedule 1 was amended by S.I. 2011/1043, article 4(1). Item 15a under the heading “Insects, mites and nematodes” was inserted by S.I. 2006/2307, article 2(11). There are other amendments to Part A of Schedule 1, but none is relevant.

[^f00016]: Item 8 was inserted by S.I. 2006/2307, article 2(14) and amended by S.I. 2008/2411, article 2(11). Item 16 was inserted by S.I. 2010/2962, article 2(4). There are other amendments to Schedule 3, but none is relevant.

[^f00017]: Item 15 was amended by S.I. 2006/2307, article 2(15)(d) and (e) and S.I. 2007/2950, article 6(2)(a). Item 15a was inserted by S.I. 2007/2950, article 6(2)(b). Item 17 was amended by S.I. 2006/2307/EC, article 2(15)(g) and (h) and S.I. 2007/2950, article 6(2)(a). Item 17a was inserted by S.I. 2007/2950, article 6(2)(d). Items 35a and 35b were inserted by S.I. 2009/587, article 2(8)(c). Item 81 was inserted by S.I. 2008/2765, article 2(3) and substituted by S.I. 2010/2962, article 2(5)(b). Item 82 was inserted by S.I. 2010/2962, article 2(5)(b). There are other amendments to Part A of Schedule 4, but none is relevant.

[^f00018]: Part B of Schedule 4 was amended by S.I. 2011/1043, article 4(1). Item 19 was amended by S.I. 2012/3033, article 2(3)(b). Item 19a was inserted by S.I. 2012/3033, article 2(3)(c). Item 37 was inserted by S.I. 2008/2765, article 2(4). Item 38 was inserted by S.I. 2012/2922, article 2(10). There are other amendments to Part B of Schedule 4, but none is relevant.

[^f00019]: There are amendments to Schedule 5, but none is relevant.

[^f00020]: Part A of Schedule 6 was amended by S.I. 2011/1043, article 4(1). Paragraph 3a was inserted by S.I. 2007/2950, article 5(4)(a). Paragraph 8 was inserted by S.I. 2008/2765, article 2(5). Paragraph 9 was inserted by S.I. 2012/2922, article 2(12). There are other amendments to Part A of Schedule 6, but none is relevant.

[^f00021]: Part A of Schedule 7 was amended by S.I. 2011/1043, article 4(1). Paragraph 3a was inserted by S.I. 2007/2950, article 5(4)(a). Paragraph 8 was inserted by S.I. 2008/2765, article 2(5). Paragraph 9 was inserted by S.I. 2012/2922, article 2(13). There are other amendments to Part A of Schedule 7, but none is relevant.

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Editorial notes

[^key-3420953cd6fc99cb37826afd4356851b]: Order revoked (1.7.2015) by The Plant Health (England) Order 2015 (S.I. 2015/610), art. 1(b), Sch. 18