The Plant Health (England) (Amendment) (No.2) Order 2014

Made: 3rd September 2014

Laid before Parliament: 8th September 2014

Coming into force: 1st October 2014

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Title and commencement

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Amendment of the Plant Health (England) Order 2005

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Article 2 (general interpretation)

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Article 5 (prohibitions and restrictions on landing plant pests and relevant material)

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Article 8 (exceptions from certain prohibitions and requirements)

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Article 12 (plant health discharge)

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Article 19 (prohibitions on landing plant pests and relevant material)

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Article 20 (prevention of the spread of plant pests)

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Article 21 (requirements for plant passports)

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Article 22 (exceptions from certain prohibitions and requirements)

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Article 24 (general provisions relating to plant passports)

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Article 29 (authority to issue plant passports)

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Article 42 (notification of the presence or suspected presence of certain plant pests)

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

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

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

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

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

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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 — 3rd September 2014

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]: Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^f00005]: S.I. 2005/2530; relevant amending instruments are S.I. 2006/2307, 2007/2950, 2008/2411, 2009/587, 2010/2962, 2011/1043, 2012/2922, 3033, 2013/23, 1477, 2687, 2014/979.

[^f00006]: The definition of “Decision 2012/756/EU” was inserted by S.I. 2013/1477, article 3(1)(a). The definition of “Directive 2000/29/EC” was amended by S.I. 2009/587, article 2(2). There are other amendments to article 2(1), but none is relevant.

[^f00007]: OJ No L 196, 3.7.2014, p21.

[^f00008]: OJ No L 169, 10.7.2000, p1, as last amended by Commission Implementing Directive 2014/78/EU (OJ No L 183, 24.6.2014, p23) and Commission Implementing Directive 2014/83/EU (OJ No L 186, 26.6.2014, p64).

[^f00009]: OJ No L 156, 16.6.2007, p12.

[^f00010]: Article 8(2)(a)(iii) and (b)(ii) was amended by S.I. 2012/2922, article 2(3) and S.I. 2013/2687, article 4(a) and (b).

[^f00011]: Article 12(2)(cc) was inserted by S.I. 2006/2307, article 2(4)(b) and amended by S.I. 2013/1477, article 5(c). There are other amendments to article 12(2), but none is relevant.

[^f00012]: Article 19(1) was amended by S.I. 2011/1043, article 4(1). There are other amendments to article 19, but none is relevant.

[^f00013]: There are amendments to article 20(1), but none is relevant.

[^f00014]: Article 21(8) and (9) was inserted by S.I. 2013/2687, article 6. There are other amendments to article 21, but none is relevant.

[^f00015]: Article 22(1) was amended by S.I. 2012/2922, article 2(4), S.I. 2013/23, article 2(4) and S.I. 2013/2687, article 7. Article 22(4) was inserted by S.I. 2013/1477, article 6. There are other amendments to article 22, but none is relevant.

[^f00016]: 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). Item 15b under the heading “Insects, mites and nematodes” was inserted by S.I. 2013/1477, article 7(a). Item 1 under the heading “Bacteria” was inserted by S.I. 2013/1477, article 7(b). There are other amendments to Part A of Schedule 1, but none is relevant.

[^f00017]: Part B of Schedule 1 was amended by S.I. 2011/1043, article 4(1). Item 1a under the heading “Insects, mites and nematodes” was inserted by S.I. 2009/587, article 2(4) and deleted by S.I. 2014/979, article 4(2). There are other amendments to Part B of Schedule 1, but none is relevant.

[^f00018]: Part A of Schedule 2 was amended by S.I. 2011/1043, article 4(1). Item 1a under the heading “Insects, mites and nematodes” was inserted by S.I. 2009/587, article 2(5)(a). Item 5a under the heading “Viruses and virus-like organisms” was inserted by S.I. 2009/587, article 2(6)(c). There are other amendments to Part A of Schedule 2, but none is relevant.

[^f00019]: 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.

[^f00020]: Item 6 was replaced with items 6 and 6A by S.I. 2013/2687, article 10(1)(a). Item 7a was inserted by S.I. 2009/587, article 2(8)(a) and amended by S.I. 2012/2922, article 2(9)(a). Item 8 was amended by S.I. 2013/2687, article 10(1)(c). Item 12 was amended by S.I. 2006/2307, article 2(15)(c). Item 17 was amended by S.I. 2006/2307, article 2(15)(g) and (h), S.I. 2007/2950, article 6(2)(a) and S.I. 2013/1477, article 9(1)(c). Item 17a was inserted by S.I. 2007/2950, article 6(2)(d) and amended by S.I. 2013/1477, article 9(1)(d). Item 35 was amended by S.I. 2013/1477, article 9(1)(f). Items 35a and 35b were inserted by S.I. 2009/587, article 2(8)(c) and amended by S.I. 2013/1477, article 9(1)(g) and (h). Item 35c was inserted by S.I. 2013/1477, article 9(1)(i). Item 36 was amended by S.I. 2013/1477, article 9(1)(j). Item 37 was amended by S.I. 2006/2307, article 2(15)(j). Item 41 was amended by S.I. 2008/2411, article 2(12)(a). Item 43a was inserted by S.I. 2009/587, article 2(8)(e). Item 71 was amended by S.I. 2008/2411, article 2(12)(b). Item 82 was inserted by S.I. 2010/2962, article 2(5)(b) and amended by S.I. 2013/1477, article 9(1)(k). Item 84 was inserted by S.I. 2013/1477, article 9(1)(l). There are other amendments to Part A of Schedule 4, but none is relevant.

[^f00021]: Part B of Schedule 4 was amended by S.I. 2011/1043, article 4(1). Item 4 was replaced with items 4 and 4A by S.I. 2013/2687, article 10(2)(a). Item 5 was amended by S.I. 2013/2687, article 10(2)(c). Item 15 was amended by S.I. 2012/3033, article 2(3)(a). Item 19 was amended by S.I. 2013/1477, article 9(2)(c). Item 23 was amended by S.I. 2008/2411, article 2(12)(a). There are other amendments to Part B of Schedule 4, but none is relevant.

[^f00022]: Paragraph 1(c) was amended by S.I. 2006/2307, article 2(17). Paragraph 2A was inserted by S.I. 2013/2687, article 11. There are other amendments to Part A of Schedule 5, but none is relevant.

[^f00023]: There are amendments to Part B of Schedule 5, but none is relevant.

[^f00024]: Part A of Schedule 6 was amended by S.I. 2011/1043, article 4(1). Paragraph 7(a) and (d) was amended by S.I. 2006/2307, article 2(20) and (21). Paragraph 8 was inserted by S.I. 2013/1477, article 11(b). There are other amendments to Part A of Schedule 6, but none is relevant.

[^f00025]: Part B of Schedule 6 was amended by S.I. 2011/1043, article 4(1).

[^f00026]: Part A of Schedule 7 was amended by S.I. 2011/1043, article 4(1). Paragraph 7(a) and (d) was amended by S.I. 2006/2307, article 2(20) and (21). Paragraph 8 was inserted by S.I. 2013/1477, article 12(b). There are other amendments to Part A of Schedule 7, but none is relevant.

[^f00027]: Part B of Schedule 7 was amended by S.I. 2011/1043, article 4(1). Paragraph 3 was amended by S.I. 2007/2950, article 7(b).

Editorial notes

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