# The Plant Health (Phytophthora kernovii Management Zone) (England) Order 2004, Note: Explanatory note

Extent: E+W+S

(This note is not part of the Order)
This Order, which extends to England and Wales but applies to England only, comes into force on 21st December 2004.
The Order gives plant health inspectors additional powers to those conferred on them by the Plant Health (Great Britain) Order 1993 (S.I. 1993/1320) and by the Plant Health (Forestry) (Great Britain) Order (S.I. 1993/1283) for the purpose of containing within and eradicating from an area within Cornwall (the “management zone”, as defined in article 2 and Schedule 2) the organism currently known as Phytophthora kernovii, a plant pest which is not normally present in Great Britain.
The movement of susceptible material (defined in article 2 and Schedule 1) from within the zone to outside the zone is prohibited without the written authority of an inspector (article 3).
Inspectors may, for the purpose of preventing the spread of Phytophthora kernovii, close footpaths within the zone (article 4).
Inspectors are provided with a power to enter premises for the purpose of inspecting and seizing any susceptible material that they have reasonable grounds for suspecting is being or has been moved in contravention of article 3. An inspector may only exercise the power to enter into a building used wholly or mainly as a dwelling if he has been granted a warrant by a justice of the peace (article 5).
A person who, without reasonable excuse, moves susceptible material in contravention of article 3, uses a footpath that has been closed under article 4, removes or otherwise interferes with a notice of closure displayed under article 4 or obstructs an inspector in the exercise of his powers under the Order commits an offence (article 6). The offences carry liability on summary conviction to a fine not exceeding level 5 on the standard scale (£5,000).
Copies of plans showing the extent of the management zone have been placed in the libraries of both Houses of Parliament.
No regulatory impact assessment has been prepared.

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Source: https://www.legislation.gov.uk/uksi/2004/3367/note (the official version)
Page: https://openlegislation.uk/plant-health-phytophthora-kernovii-management-zone-england-order-2004/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.