Introductory text

Plant Health, England

Made 15th January 2019

Laid before Parliament 16th January 2019

Coming into force 4.00 p.m. on 16th January 2019

The Forestry Commissioners make this Order in exercise of the powers conferred by section 3(1), (2) and (4) of the Plant Health Act 1967^f1.

Annotations

f1: 1967 c. 8; section 3(1) was amended by paragraph 8(2)(a) and (b) of Schedule 4 to the European Communities Act 1972 (c. 68) and S.I. 2011/1043. Section 3(2) was amended by paragraph 8(3) of Schedule 4 to the European Communities Act 1972. Section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and was amended by Part 14 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c. 50). By virtue of section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), an order under section 3 of the Plant Health Act 1967 (“the 1967 Act”) may provide for offences under that section to be punishable by a fine of any amount. The powers conferred by section 3 of the 1967 Act are conferred on a “competent authority”, which is defined in section 1(2) of that Act. Section 1(2)(a)(i) of the 1967 Act provides that the Forestry Commissioners are the competent authority for England as regards the protection of forest trees and timber from attack by pests.