# The Bee Diseases and Pests Control Order (Northern Ireland) 2007, Note: Explanatory note

Extent: N.I.

(This note is not part of the Order)
This Order revokes and replaces the Bee Disease Control Order (Northern Ireland) 1998 (S.R. 1998 No. 191). It also revokes the Importation of Bees Order (Northern Ireland) 1980 (S.R. 1980 No. 211) and the Importation of Bees (Amendment) Order (Northern Ireland) 1987 (S.R. 1987 No. 320).
Article 3 of the Order makes provision for the notification of the presence or suspected presence of a notifiable disease or a notifiable pest to the Department. The giving of such notification triggers a prohibition on the movement of things that might spread the disease or pest (Article 4). Under the Order American foul brood and European foul brood are notifiable diseases, and small hive beetle and any species of the Tropilaelaps mite are notifiable pests.
Where an authorised person has reasonable grounds for suspecting the presence of a notifiable disease or a notifiable pest, he must serve a notice prohibiting the movement of certain items (article 6(1)). If an authorised person is obstructed in the exercise of his power of entry he may serve a notice prohibiting movement of certain items (article 6(2)).
Article 7 sets out the measures that apply on confirmation of the presence of a notifiable disease. Article 8 sets out the measures that apply on confirmation of the presence of a notifiable pest.
The Department may declare by notice an area to be an infected area if it is satisfied that a notifiable pest is present in that area (article 10). The Department may specify in the notice that all or any of the provisions in the Schedule apply in some or all of the infected area.
Article 11 implements for Northern Ireland the provisions of Commission Decision 2003/881/EC (O.J. No. L328, 17.12.2003, p. 26) as amended by Commission Decision 2005/60/EC (O.J. No. L25, 28.1.2005, p. 64) that apply to bees after they have been imported into Northern Ireland from a third country. The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 401) implement for Northern Ireland the import conditions contained in Commission Decision 2003/881/EC.
Article 12 requires the provision of facilities and the giving of information to authorised persons in certain circumstances. Article 12 also prohibits the use of substances that may disguise the presence of or render difficult the detection of a notifiable disease other than in accordance with a notice requiring treatment under article 7.
Article 13 provides that where any person has not complied with a notice served under the Order, an authorised person may arrange for it to be complied with at the expense of the person upon whom the notice is served.
In accordance with Article 7 of The Bees (Northern Ireland) Order 1980, breach of any provision of this Order or of any condition imposed by any licence issued under this Order constitutes an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale (currently £5000).

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Source: https://www.legislation.gov.uk/nisr/2007/246/note (the official version)
Page: https://openlegislation.uk/bee-diseases-and-pests-control-order-northern-ireland-2007/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.