The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013

Made: 16th October 2013

Laid before Parliament: 21st October 2013

Coming into force: 11th November 2013

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Title, commencement and application

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Amendment of the Plant Health (Forestry) 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 20 (requirements for plant passports)

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Substitution of article 21 (exceptions from certain prohibitions and requirements)

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Amendment of Schedule 2 (prohibitions on the landing in and movement within Great Britain of infected relevant material)

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Amendment of Schedule 4 (restrictions on the landing in and movement within Great Britain 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 Great Britain 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

The Official Seal of the Forestry Commissioners

Wilma Harper — Secretary to the Forestry Commissioners — 2013-10-16

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) in relation to England and Scotland (“the relevant territory”).

Articles 4 to 7, 8(1)(a) to (g), 8(2)(a) to (c) and 9 amend the existing control measures to prevent the introduction and spread of Ceratocystis fimbriata f. spp. platani Walter (a cause of plane canker stain) and Cryphonectriaparasitica (Murrill) Barr (a cause of sweet chestnut blight). The revised control measures in relation to Ceratocystis fimbriata f. spp. platani Walter apply to the landing in and the movement within the relevant territory, and the consignment from the relevant territory to another part of the European Union, of trees, other than seeds, of Platanus L. intended for planting. They also apply to the introduction of wood of Platanus L. originating outside the European Union. The revised control measures in relation to Cryphonectria parasitica (Murrill) Barr apply to the landing in and the movement within the relevant territory, and the consignment from the relevant territory to another part of the European Union, of trees of Castanea Mill. intended for planting.

In addition, articles 8(1)(h), 8(2)(d), 10 and 11 implement in relation to the relevant territory the specific control measures in Commission Implementing Decision 2012/138/EU as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster) (OJ No L 64, 3.3.2012, p. 38), which replaced Commission Decision 2008/840/EC (OJ No L 300, 11.11.2008, p. 36).

Article 3 (a) provides for the references in the Plant Health (Forestry) Order 2005 to Commission Implementing Decision 2012/138/EU to be read as references to that Decision as amended from time to time.

An impact assessment has not been produced in relation to Commission Implementing Decision 2012/138/EU or the revised control measures applying to wood of Platanus L. as no impact on business or the private or voluntary sector is foreseen from these measures. Validation impact assessments of the effect that the other measures will have on the costs to business, the voluntary sector and the public sector in England are available from the Department for Environment, Food and Rural Affairs, Plant Health Policy Team, Sand Hutton, York YO41 1LX. They are also published with the Explanatory Memorandum for this instrument. The Explanatory Memorandum 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). Section 1(2) was amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755). Under section 1(2), as amended, the Forestry Commissioners are the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests.

[^f00002]: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

[^f00003]: S.I. 2005/2517; relevant amending instruments are S.I. 2006/2696, 2008/644, 2009/594, 2011/1043, 2012/2707, 2013/755.

[^f00004]: The definition of “Decision 2008/840/EC” was inserted by S.I. 2009/594, article 2(2)(b). There are other amendments to article 2(1), but none is relevant.

[^f00005]: OJ No L 64, 3.3.2012, p.38.

[^f00006]: Article 8(2) was amended by S.I. 2012/2707, article 2(3).

[^f00007]: Article 20(7) was amended by S.I. 2013/755, Schedule 4, paragraph 223.

[^f00008]: Article 21 was amended by S.I. 2012/2707, article 2(4).

[^f00009]: There are amendments to Part A of Schedule 2, but none is relevant.

[^f00010]: Item 24 was amended by S.I. 2006/2696, article 2(7)(a). Item 24a was inserted by S.I. 2006/2696, article 2(7)(b). Item 33 was inserted by S.I. 2009/594, article 2(5)(g). There are other amendments to Part A of Schedule 4, but none is relevant.

[^f00011]: Part B was amended by S.I. 2011/1043, article 4(1). Item 5 was amended by S.I. 2006/2696, article 2(8)(a). Item 5a was inserted by S.I. 2006/2696, article 2(8)(b). Item 5b was inserted by S.I. 2008/644, article 2(5)(b) and amended by S.I. 2009/594, article 2(6)(a). Item 5c was inserted by S.I. 2009/594, article 2(6)(b). Item 8 was inserted by S.I. 2009/594, article 2(6)(c). There are other amendments to Part B of Schedule 4, but none is relevant.

[^f00012]: Paragraph 4 was amended by S.I. 2009/594, article 2(7)(b). There are other amendments to Part A of Schedule 5, but none is relevant.

[^f00013]: Schedule 6 was amended by S.I. 2011/1043, article 4(1). Item 4a was inserted by S.I. 2009/594, article 2(8). There are other amendments to Part A of Schedule 6, but none is relevant.

[^f00014]: Schedule 7 was amended by S.I. 2011/1043, article 4(1). Item 4a was inserted by S.I. 2009/594, article 2(8). There are other amendments to Part A of Schedule 7, but none is relevant.

Editorial notes

[^key-6594b8c8fa598f30b2d848c73affd288]: Order revoked (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 6

[^key-6ec94dadb0031393d6b7e695ec76ec8d]: Order revoked (E.) (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), Sch. 6