# The Plant Health (Forestry) (Great Britain) Order 1989, Article 2: Interpretation


(1) In this Order, unless the context otherwise requires–
“authorised officer” means–
(a) in relation to a certificate, translation or copy issued in Great Britain, an inspector or other officer authorised by the Commissioners, and
(b) in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;
“the Commissioners” means the Forestry Commissioners;
“Customs Act” means the Customs and Excise Management Act 1979;
“Directive 77/93/EEC” means Council Directive of 21st December 1976 on protective measures against the introduction into the Member States of organisms harmful to trees, wood or bark as amended by the instruments listed in Schedule 6;
“dunnage” means loose wood of any kind used to wedge parts of a cargo to keep them steady;
“the Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
“Europe” includes the Canary Islands, but does not include Cyprus, Turkey or the following regions of the Union of Soviet Socialist Republics, namely the Kazakh, Kirghiz, Tadzhik, Turkmen and Uzbek Soviet Socialist Republics and the following regions of the Russian Soviet Federal Socialist Republic, namely the Buryat, Yakut and Tuva Autonomous Soviet Socialist Republics, the Altai, Khabarovsk, Krasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts;
“genetically manipulated material” means material derived from any activity which has involved genetic manipulation and which has resulted or, in the opinion of the Commissioners, is likely to result in the production of a tree pest, or any activity which has involved genetic manipulation of a tree pest, and includes material which contains a tree pest which has been genetically manipulated;
“genetic manipulation” means the formation of new combinations of heritable material by the insertion of nucleic acid molecules, produced by whatever means outside the cell, into any virus, bacterial plasmid or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation;
“growing medium” means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat (whether used or unused) or of any other solid substance;
“importer” in relation to any tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium includes–
(a) any person who (whether as owner, consignor or consignee, agent, broker or otherwise) is in possession of or in any way entitled to the custody or control of the tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium; and
(b) any person by whose action the tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium is likely to be or has been landed in Great Britain;
“inspector” means any person authorised by the Commissioners to be an inspector for the purposes of this Order;
“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree;
“landed” includes imported by post and “landing” shall be construed accordingly;
“log” means the trunk of any felled or fallen tree which has been trimmed or any length of such trunk which has been trimmed, or any branch, or any length of such branch, which has been trimmed, severed from a living or felled or fallen tree;
“Member State” means a Member State of the European Community other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands or the French overseas departments, the Canary Islands, Ceuta or Melilla;
“mill certificate” means a certificate duly completed by a representative of a supplier of wood for export (including a wood shipping agent), being a supplier authorised by the Plant Protection Service of the exporting country under arrangements approved by the Commissioners, completed substantially in the form set out in Part III of Schedule 5 or the equivalent written in a language other than English;
“North America” means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);
“nursery” means any premises wholly or partly used for the cultivation or keeping of trees for the purpose of transplantation or removal to other premises;
“official” in relation to any testing or any other procedure required by this Order to be carried out in respect of any tree, wood, isolated bark, soil or growing medium means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;
“phytosanitary certificate” means a certificate duly completed either in the form set out in Part I of Schedule 5 or the equivalent written in a language other than English;
“place of production” means any premises, normally worked as a unit, together with any contiguous uncultivated land;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
“reforwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Part II of Schedule 5 or the equivalent written in a language other than English;
“seed” means seed in the botanical sense, other than seed not intended for planting;
“soil” means material wholly or partly derived from the upper layer of the earth’s crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;
“third country” means a country or territory other than a Member State, the United Kingdom, the Isle of Man or any of the Channel Islands;
“tree” means a living forest tree or any living part thereof at any stage of its growth and includes, where the context admits, any growing medium, substance, packing material or container attached thereto or associated therewith, and living part of a tree shall be deemed to include–
(i) branches with or without foliage,
(ii) cut trees retaining foliage,
(iii) trees in tissue culture,
(iv) fruit or seed of a tree;
“tree in tissue culture” means a tree growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
“tree pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious to any tree or the wood thereof and includes a culture of such pathogen or organism;
“wood” means any log, sawn wood, and any dunnage, pallet, spacer, container or packing material consisting of wood, which retains some or all of its bark or any part of the rounded surface of the tissues immediately below the bark and shall also include wood chips, particles, sawdust, wood waste or scrap.
(2) Any reference in this Order to a particular tree pest shall be construed as a reference to that pest in any stage of its existence.
(3) Any reference in this Order to a Member State, third country, Great Britain, Northern Ireland, the Channel Islands or the Isle of Man includes reference to a state, province or region within that Member State, third country, Great Britain, Northern Ireland, the Channel Islands or the Isle of Man.
(4) Any reference in this Order to a numbered article or a numbered Schedule shall be construed as a reference to the article or Schedule so numbered in this Order.

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Source: https://www.legislation.gov.uk/uksi/1989/823/article/2 (the official version)
Page: https://openlegislation.uk/plant-health-forestry-great-britain-order-1989/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.