The Plant Health (England) (Amendment) (No.3) Order 2013

Made: 21st October 2013

Laid before Parliament: 21st October 2013

Coming into force: 11th November 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 8 (exceptions from certain prohibitions and requirements)

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Amendment of article 19 (prohibitions on landing plant pests and relevant material)

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Amendment of article 21 (requirements for plant passports)

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

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Amendment of article 24 (general provisions relating to plant passports)

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Amendment of Schedule 2 (relevant material which may not be landed or moved within England if that material is carrying or infected with plant pests)

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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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Signed

de Mauley — Parliamentary Under Secretary of State — 21st October 2013

Explanatory note

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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) (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, 2011/1043, 2012/2922, 2013/23, 1477.

[^f00005]: The definition of “Decision 2006/473/EC” was inserted by S.I. 2006/2307, article 2(2)(a). There are other amendments to article 2(1), but none is relevant.

[^f00006]: OJ No L 187, 8.7.2006, p.35.

[^f00007]: Article 8(2) was amended by S.I. 2012/2922, article 2(3).

[^f00008]: Article 19(6) was inserted by S.I. 2013/23, article 2(3).

[^f00009]: Article 22(1) was amended by S.I. 2012/2922, article 2(4) and S.I. 2013/23, article 2(4).

[^f00010]: Article 24(5) was inserted by S.I. 2006/2307, article 2(6).

[^f00011]: Part B of Schedule 2 was amended by S.I. 2011/1043, article 4(1). There are other amendments to Part B of Schedule 2, but none is relevant.

[^f00012]: Item 6a was inserted by S.I. 2006/2307, article 2(15)(b). Item 16 was amended by S.I. 2006/2307, article 2(15)(f). There are other amendments to Part A of Schedule 4, but none is relevant.

[^f00013]: Part B of Schedule 4 was amended by S.I. 2011/1043, article 4(1). Item 4a was inserted by S.I. 2006/2307, article 2(16)(b). There are other amendments to Part B of Schedule 4, but none is relevant.

[^f00014]: There are amendments to Part A of Schedule 5, but none is relevant.

Editorial notes

[^key-4f01939d5ddda8e87870c3b057498177]: Order revoked (1.7.2015) by The Plant Health (England) Order 2015 (S.I. 2015/610), art. 1(b), Sch. 18

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