Introductory text

Plant Health, England

Made 20th February 2017

Laid before Parliament 11.30 a.m. on 21st February 2017

Coming into force 4.00 p.m. on 21st February 2017

The Secretary of State, in exercise of the powers conferred by sections 3(1), (2) and (4) and 4(1) of the Plant Health Act 1967^f1, and now vested in the Secretary of State^f2, and the Forestry Commissioners, in exercise of the powers conferred on them by those sections, make this Order.

Annotations

Footnotes

f1: 1967 c.8; section 3(1) was amended by paragraph 8 of Schedule 4 to the European Communities Act 1972 (c.68) and S.I. 2011/1043. Section 3(2) was amended by paragraph 8 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 amended by Part 14 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c.50). Section 4(1) was amended by paragraph 8 of Schedule 4 to the European Communities Act 1972. The powers conferred by section 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) provides that the Forestry Commissioners are the competent authority for England as regards the protection of forest trees and timber from attack by pests and the Secretary of State is the competent authority otherwise for England.
f2: The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967, in so far as they were not exercisable in relation to Wales, were transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).