OpenLegislation

Article 81 Exception for direct supply to final users

United Kingdom

Original text. Later amendments are not shown.

F1A1.

This Article applies to the movement of plants, plant products or other objects in Great Britain and the introduction of plants, plant products or other objects into Great Britain from a CD territory.

1.

No F2UK plant passport F3or other permitted plant passport shall be required for the movement of plants, plant products or other objects F4which are supplied directly to a final user, including home gardeners.

F5(1A)

That exception shall not apply to:

(a)

final users receiving those plants, plant products or other objects by means of sales through distance contracts; or

(b)

final users of plants, plant products or other objects F6described in an entry (if any) in column (1) of the table in Annex 14 to Phytosanitary Conditions Regulation, who are situated in a GB pest-free area specified in the corresponding entry in column (2) of the table.

F71B.

The appropriate authority may by regulations specify that point (b) of paragraph 1A only applies to particular PFA quarantine pests and plants, plant products or other objects.

2.

The F8appropriate authority may by regulations supplement this Regulation by setting out the cases where, for particular plants, plant products or other objects, the exception of paragraph 1 of this Article shall only apply to small quantities. Those F9regulations must define those quantities per period of time as appropriate to the plant, plant product or other object concerned and the respective pest risks.

Annotations

Textual amendments

F1

Art. 81(A1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(a) (with regs. 53, 55)

F2

Word in Art. 81(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(i)(aa) (with regs. 53, 55)

F3

Words in Art. 81(1) inserted (27.1.2021) by The Plant Health (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/79), regs. 1(2), 3(13)

F4

Words in Art. 81(1) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(i)(bb) (with regs. 53, 55)

F5

Words in Art. 81(1) renumbered as Art. 81(1A) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(ii) (with regs. 53, 55)

F6

Words in Art. 81(1A)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(ii) (with regs. 53, 55)

F7

Art. 81(1B) substituted for words in Art. 81(1) (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(b)(iii) (with regs. 53, 55)

F8

Words in Art. 81(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(c)(i) (with regs. 53, 55)

F9

Words in Art. 81(2) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(15)(c)(ii) (with regs. 53, 55)

Notes on Section 2

Textual amendments

F1

Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(a) (with regs. 53, 55)

F2

Words in Ch. 6 Section 2 heading substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 31(11)(b) (with regs. 53, 55)