The Plant Health (Wales) Order 2006
W.S.I. 2006/1643 · Made 20 June 2006
PLANT HEALTH, WALES
Made 20 June 2006
Coming into force 27 June 2006
The National Assembly for Wales in exercise of the powers conferred on the Minister of Agriculture, Fisheries and Food by sections 2, 3(1) to (4) and 4(1) of the Plant Health Act 1967f1 as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972f2 and now vested in the National Assembly for Walesf3 hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
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1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).
- f2
- f3
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Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister of Agriculture, Fisheries and Food. By virtue of the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales.
Contents
- Part 1: GENERAL
- 1Title, commencement and application
- 2General interpretation
- Part 2: IMPORTS FROM THIRD COUNTRIES
- 3Interpretation of Part 2
- 4Application of Part 2
- 5Prohibitions and restrictions on landing plant pests and relevant material
- 6Advance notification of landing
- 7Requirements for certificates
- 8Exceptions from certain prohibitions and requirements
- 9Presentation and display of documents
- 10Prohibition on removal of relevant material from an area of plant health control
- 11Exceptions from prohibition on removal of relevant material from an area of plant health control
- 12Plant health discharge
- 13Request to an officer for Revenue and Customs for material to be detained
- 14Power of an officer for Revenue and Customs
- 15General provisions relating to certificates
- 16Requirements to be met by relevant material prior to inspection at its place or country of destination
- 17Approved places of inspection
- 18Requirement for plant health movement document
- Part 3: INTERNAL COMMUNITY CONTROLS ON MOVEMENT
- 19Prohibitions on landing plant pests and relevant material
- 20Prevention of the spread of plant pests
- 21Requirements for plant passports
- 22Exceptions from certain prohibitions and requirements
- 23Validity of plant passports for Wales
- 24General provisions relating to plant passports
- Part 4: REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
- 25Register of plant traders
- 26Obligation to register
- 27Registration requirements
- 28Conditions for maintaining registration as a plant trader
- 29Authority to issue plant passports
- Part 5: SWISS TRADE AND SWISS PLANT PASSPORTS
- 30Swiss trade and Swiss plant passports
- Part 6: MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS
- 31Examination, sampling and marking
- 32Actions which may be required by an inspector
- 33Actions which may be taken by an inspector
- 34Miscellaneous provisions as to notices
- 35Service of notices
- 36Information as to compliance with notices
- 37Failure to comply with a notice
- 38Power to enter premises used wholly or mainly as a dwelling
- Part 7: PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES
- 39Miscellaneous provisions for certain solanaceous species
- Part 8: LICENCES
- 40Licences to carry out activities prohibited by this Order
- 41Licences for trial or scientific purposes and for work on varietal selections
- Part 9: NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
- 42Notification of the presence or suspected presence of certain plant pests
- 43Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
- 44Information to be given
- Part 10: OFFENCES
- 45Offences
- 46Penalties
- Part 11: THE CUSTOMS ACT AND REVOCATION
- 47The Customs Act
- 48Revocation
- Signature
- Schedule 1: PLANT PESTS WHICH MUST NOT BE LANDED IN OR SPREAD WITHIN WALES
- Part A: PLANT PESTS NOT KNOWN TO OCCUR IN ANY PART OF THE EUROPEAN COMMUNITY
- 1Insects, mites and nematodes
- 2Insects, mites and nematodes
- 3Insects, mites and nematodes
- 4Insects, mites and nematodes
- 5Insects, mites and nematodes
- 6Insects, mites and nematodes
- 7Insects, mites and nematodes
- 8Insects, mites and nematodes
- 9Insects, mites and nematodes
- 10Insects, mites and nematodes
- 11Insects, mites and nematodes
- 12Insects, mites and nematodes
- 13Insects, mites and nematodes
- 14Insects, mites and nematodes
- 15Insects, mites and nematodes
- 16Insects, mites and nematodes
- 17Insects, mites and nematodes
- 18Insects, mites and nematodes
- 19Insects, mites and nematodes
- 20Insects, mites and nematodes
- 21Insects, mites and nematodes
- 22Insects, mites and nematodes
- 23Insects, mites and nematodes
- 24Insects, mites and nematodes
- 25Insects, mites and nematodes
- 26Insects, mites and nematodes
- 27Insects, mites and nematodes
- 28Insects, mites and nematodes
- 29Insects, mites and nematodes
- 30Insects, mites and nematodes
- 31Insects, mites and nematodes
- 32Insects, mites and nematodes
- 33Insects, mites and nematodes
- 34Insects, mites and nematodes
- 1Bacteria
- 1Fungi
- 2Fungi
- 3Fungi
- 4Fungi
- 5Fungi
- 6Fungi
- 7Fungi
- 8Fungi
- 9Fungi
- 10Fungi
- 11Fungi
- 12Fungi
- 13Fungi
- 14Fungi
- 15Fungi
- 16Fungi
- 17Fungi
- 1Viruses and virus-like organisms
- 2Viruses and virus-like organisms
- 3Viruses and virus-like organisms
- 4Viruses and virus-like organisms
- 5Viruses and virus-like organisms
- 6Viruses and virus-like organisms
- 1Parasitic plants
- Part B: PLANT PESTS KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
- 1Insects, mites and nematodes
- 2Insects, mites and nematodes
- 3Insects, mites and nematodes
- 4Insects, mites and nematodes
- 5Insects, mites and nematodes
- 6Insects, mites and nematodes
- 7Insects, mites and nematodes
- 8Insects, mites and nematodes
- 9Insects, mites and nematodes
- 10Insects, mites and nematodes
- 11Insects, mites and nematodes
- 1Bacteria
- 2Bacteria
- 1Fungi
- 2Fungi
- 1Viruses and virus like organisms
- 2Viruses and virus like organisms
- 3Viruses and virus like organisms
- Schedule 2: RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN OR MOVED WITHIN WALES IF THAT MATERIAL IS CARRYING OR INFECTED WITH PLANT PESTS
- APLANT PESTS NOT KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
- BPLANT PESTS KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
- Schedule 3RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN WALES IF THAT MATERIAL ORIGINATES IN CERTAIN THIRD COUNTRIES
- Schedule 4: RESTRICTIONS ON THE LANDING IN AND MOVEMENT WITHIN WALES OF RELEVANT MATERIAL
- ARELEVANT MATERIAL, FROM THIRD COUNTRIES, WHICH MAY ONLY BE LANDED IN WALES IF SPECIAL REQUIREMENTS ARE SATISFIED
- BRelevant material, from another part of the European Community, which may only be landed in or moved within Wales if special requirements are satisfied
- CRelevant material which may only be landed in or moved within Wales (as a protected zone) if special requirements are satisfied
- Schedule 5: RELEVANT MATERIAL FROM A THIRD COUNTRY FOR WHICH A PHYTOSANITARY CERTIFICATE MAY BE REQUIRED
- Part A: Relevant material which may only be landed in Wales if accompanied by a phytosanitary certificate
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part B: Relevant material which, if destined for certain protected zones, may only be landed in Wales if accompanied by a phytosanitary certificate
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 6: Prohibitions on the landing in and movement within Wales of relevant material without a plant passport
- Part A: Relevant material, from Wales or elsewhere in the European Community, which may only be landed in or moved within Wales if accompanied by a plant passport
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part B: Relevant material, from Wales or elsewhere in the European Community, which may only be landed in or moved within Wales if accompanied by a plant passport which is valid for Wales (as a protected zone)
- 1Paragraph 1
- Schedule 7: Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
- Part A: Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part B: Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 8: SWISS PLANT PASSPORTS
- Part A: Relevant material originating in Switzerland which may be landed in or moved within Wales if accompanied by a Swiss plant passport
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part B: Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Wales if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 9: REQUIREMENTS FOR PLANT PASSPORTS
- Part A: Requirements for plants passports for any relevant material in Schedule 6 or 7
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part B: REQUIREMENTS FOR PLANT PASSPORTS PERMITTED FOR CERTAIN MATERIAL IN SCHEDULE 6 OR 7
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 10FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT REQUIRED BY ARTICLE 15(1)
- Schedule 11FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT PERMITTED BY ARTICLE 15(1)
- Schedule 12Notice of landing
- Schedule 13PLANT HEALTH MOVEMENT DOCUMENT
- Schedule 14: SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 15: SPECIAL MEASURES FOR THE CONTROL OF POTATO CYST NEMATODE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 16: SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 17: RALSTONIA SOLANACEARUM
- Part A: SPECIAL MEASURES FOR THE CONTROL OF RALSTONIA SOLANACEARUM
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part B: Demarcation of zones for the control of Ralstonia solanacearum
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 18: NOTIFICATION REQUIREMENTS
- 1Live organisms of the animal kingdom
- 2Live organisms of the animal kingdom
- 3Live organisms of the animal kingdom
- 4Bacteria
- 5Bacteria
- 6Bacteria
- 7Bacteria
- 8Bacteria
- 9Cryptograms
- 10Cryptograms
- 11Cryptograms
- 12Cryptograms
- 13Cryptograms
- 14Viruses and virus-like pathogens
- 15Viruses and virus-like pathogens
- 16Viruses and virus-like pathogens
- 17Viruses and virus-like pathogens
- 18Viruses and virus-like pathogens
- 19Viruses and virus-like pathogens
- 20Viruses and virus-like pathogens
- 21Viruses and virus-like pathogens
- 22Viruses and virus-like pathogens
- Schedule 19REVOCATION OF ORDERS
- Explanatory note