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The Plant Health (Wales) Order 2006

W.S.I. 2006/1643 · Made 20 June 2006

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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

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

1972 c. 62

f3

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

  1. Part 1: GENERAL
  2. 1Title, commencement and application
  3. 2General interpretation
  4. Part 2: IMPORTS FROM THIRD COUNTRIES
  5. 3Interpretation of Part 2
  6. 4Application of Part 2
  7. 5Prohibitions and restrictions on landing plant pests and relevant material
  8. 6Advance notification of landing
  9. 7Requirements for certificates
  10. 8Exceptions from certain prohibitions and requirements
  11. 9Presentation and display of documents
  12. 10Prohibition on removal of relevant material from an area of plant health control
  13. 11Exceptions from prohibition on removal of relevant material from an area of plant health control
  14. 12Plant health discharge
  15. 13Request to an officer for Revenue and Customs for material to be detained
  16. 14Power of an officer for Revenue and Customs
  17. 15General provisions relating to certificates
  18. 16Requirements to be met by relevant material prior to inspection at its place or country of destination
  19. 17Approved places of inspection
  20. 18Requirement for plant health movement document
  21. Part 3: INTERNAL COMMUNITY CONTROLS ON MOVEMENT
  22. 19Prohibitions on landing plant pests and relevant material
  23. 20Prevention of the spread of plant pests
  24. 21Requirements for plant passports
  25. 22Exceptions from certain prohibitions and requirements
  26. 23Validity of plant passports for Wales
  27. 24General provisions relating to plant passports
  28. Part 4: REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
  29. 25Register of plant traders
  30. 26Obligation to register
  31. 27Registration requirements
  32. 28Conditions for maintaining registration as a plant trader
  33. 29Authority to issue plant passports
  34. Part 5: SWISS TRADE AND SWISS PLANT PASSPORTS
  35. 30Swiss trade and Swiss plant passports
  36. Part 6: MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS
  37. 31Examination, sampling and marking
  38. 32Actions which may be required by an inspector
  39. 33Actions which may be taken by an inspector
  40. 34Miscellaneous provisions as to notices
  41. 35Service of notices
  42. 36Information as to compliance with notices
  43. 37Failure to comply with a notice
  44. 38Power to enter premises used wholly or mainly as a dwelling
  45. Part 7: PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES
  46. 39Miscellaneous provisions for certain solanaceous species
  47. Part 8: LICENCES
  48. 40Licences to carry out activities prohibited by this Order
  49. 41Licences for trial or scientific purposes and for work on varietal selections
  50. Part 9: NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
  51. 42Notification of the presence or suspected presence of certain plant pests
  52. 43Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
  53. 44Information to be given
  54. Part 10: OFFENCES
  55. 45Offences
  56. 46Penalties
  57. Part 11: THE CUSTOMS ACT AND REVOCATION
  58. 47The Customs Act
  59. 48Revocation
  60. Signature
  61. Schedule 1: PLANT PESTS WHICH MUST NOT BE LANDED IN OR SPREAD WITHIN WALES
  62. Part A: PLANT PESTS NOT KNOWN TO OCCUR IN ANY PART OF THE EUROPEAN COMMUNITY
  63. 1Insects, mites and nematodes
  64. 2Insects, mites and nematodes
  65. 3Insects, mites and nematodes
  66. 4Insects, mites and nematodes
  67. 5Insects, mites and nematodes
  68. 6Insects, mites and nematodes
  69. 7Insects, mites and nematodes
  70. 8Insects, mites and nematodes
  71. 9Insects, mites and nematodes
  72. 10Insects, mites and nematodes
  73. 11Insects, mites and nematodes
  74. 12Insects, mites and nematodes
  75. 13Insects, mites and nematodes
  76. 14Insects, mites and nematodes
  77. 15Insects, mites and nematodes
  78. 16Insects, mites and nematodes
  79. 17Insects, mites and nematodes
  80. 18Insects, mites and nematodes
  81. 19Insects, mites and nematodes
  82. 20Insects, mites and nematodes
  83. 21Insects, mites and nematodes
  84. 22Insects, mites and nematodes
  85. 23Insects, mites and nematodes
  86. 24Insects, mites and nematodes
  87. 25Insects, mites and nematodes
  88. 26Insects, mites and nematodes
  89. 27Insects, mites and nematodes
  90. 28Insects, mites and nematodes
  91. 29Insects, mites and nematodes
  92. 30Insects, mites and nematodes
  93. 31Insects, mites and nematodes
  94. 32Insects, mites and nematodes
  95. 33Insects, mites and nematodes
  96. 34Insects, mites and nematodes
  97. 1Bacteria
  98. 1Fungi
  99. 2Fungi
  100. 3Fungi
  101. 4Fungi
  102. 5Fungi
  103. 6Fungi
  104. 7Fungi
  105. 8Fungi
  106. 9Fungi
  107. 10Fungi
  108. 11Fungi
  109. 12Fungi
  110. 13Fungi
  111. 14Fungi
  112. 15Fungi
  113. 16Fungi
  114. 17Fungi
  115. 1Viruses and virus-like organisms
  116. 2Viruses and virus-like organisms
  117. 3Viruses and virus-like organisms
  118. 4Viruses and virus-like organisms
  119. 5Viruses and virus-like organisms
  120. 6Viruses and virus-like organisms
  121. 1Parasitic plants
  122. Part B: PLANT PESTS KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
  123. 1Insects, mites and nematodes
  124. 2Insects, mites and nematodes
  125. 3Insects, mites and nematodes
  126. 4Insects, mites and nematodes
  127. 5Insects, mites and nematodes
  128. 6Insects, mites and nematodes
  129. 7Insects, mites and nematodes
  130. 8Insects, mites and nematodes
  131. 9Insects, mites and nematodes
  132. 10Insects, mites and nematodes
  133. 11Insects, mites and nematodes
  134. 1Bacteria
  135. 2Bacteria
  136. 1Fungi
  137. 2Fungi
  138. 1Viruses and virus like organisms
  139. 2Viruses and virus like organisms
  140. 3Viruses and virus like organisms
  141. Schedule 2: RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN OR MOVED WITHIN WALES IF THAT MATERIAL IS CARRYING OR INFECTED WITH PLANT PESTS
  142. APLANT PESTS NOT KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
  143. BPLANT PESTS KNOWN TO OCCUR IN THE EUROPEAN COMMUNITY
  144. Schedule 3RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN WALES IF THAT MATERIAL ORIGINATES IN CERTAIN THIRD COUNTRIES
  145. Schedule 4: RESTRICTIONS ON THE LANDING IN AND MOVEMENT WITHIN WALES OF RELEVANT MATERIAL
  146. ARELEVANT MATERIAL, FROM THIRD COUNTRIES, WHICH MAY ONLY BE LANDED IN WALES IF SPECIAL REQUIREMENTS ARE SATISFIED
  147. BRelevant material, from another part of the European Community, which may only be landed in or moved within Wales if special requirements are satisfied
  148. CRelevant material which may only be landed in or moved within Wales (as a protected zone) if special requirements are satisfied
  149. Schedule 5: RELEVANT MATERIAL FROM A THIRD COUNTRY FOR WHICH A PHYTOSANITARY CERTIFICATE MAY BE REQUIRED
  150. Part A: Relevant material which may only be landed in Wales if accompanied by a phytosanitary certificate
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. 3Paragraph 3
  154. 4Paragraph 4
  155. 5Paragraph 5
  156. 6Paragraph 6
  157. 7Paragraph 7
  158. Part B: Relevant material which, if destined for certain protected zones, may only be landed in Wales if accompanied by a phytosanitary certificate
  159. 1Paragraph 1
  160. 2Paragraph 2
  161. 3Paragraph 3
  162. 4Paragraph 4
  163. 5Paragraph 5
  164. 6Paragraph 6
  165. 7Paragraph 7
  166. 8Paragraph 8
  167. Schedule 6: Prohibitions on the landing in and movement within Wales of relevant material without a plant passport
  168. 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
  169. 1Paragraph 1
  170. 2Paragraph 2
  171. 3Paragraph 3
  172. 4Paragraph 4
  173. 5Paragraph 5
  174. 6Paragraph 6
  175. 7Paragraph 7
  176. 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)
  177. 1Paragraph 1
  178. Schedule 7: Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
  179. Part A: Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport
  180. 1Paragraph 1
  181. 2Paragraph 2
  182. 3Paragraph 3
  183. 4Paragraph 4
  184. 5Paragraph 5
  185. 6Paragraph 6
  186. 7Paragraph 7
  187. 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
  188. 1Paragraph 1
  189. 2Paragraph 2
  190. 3Paragraph 3
  191. 4Paragraph 4
  192. 5Paragraph 5
  193. 6Paragraph 6
  194. 7Paragraph 7
  195. 8Paragraph 8
  196. 9Paragraph 9
  197. 10Paragraph 10
  198. Schedule 8: SWISS PLANT PASSPORTS
  199. Part A: Relevant material originating in Switzerland which may be landed in or moved within Wales if accompanied by a Swiss plant passport
  200. 1Paragraph 1
  201. 2Paragraph 2
  202. 3Paragraph 3
  203. 4Paragraph 4
  204. 5Paragraph 5
  205. 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
  206. 1Paragraph 1
  207. 2Paragraph 2
  208. 3Paragraph 3
  209. 4Paragraph 4
  210. 5Paragraph 5
  211. 6Paragraph 6
  212. 7Paragraph 7
  213. 8Paragraph 8
  214. 9Paragraph 9
  215. 10Paragraph 10
  216. Schedule 9: REQUIREMENTS FOR PLANT PASSPORTS
  217. Part A: Requirements for plants passports for any relevant material in Schedule 6 or 7
  218. 1Paragraph 1
  219. 2Paragraph 2
  220. 3Paragraph 3
  221. 4Paragraph 4
  222. 5Paragraph 5
  223. 6Paragraph 6
  224. 7Paragraph 7
  225. Part B: REQUIREMENTS FOR PLANT PASSPORTS PERMITTED FOR CERTAIN MATERIAL IN SCHEDULE 6 OR 7
  226. 1Paragraph 1
  227. 2Paragraph 2
  228. 3Paragraph 3
  229. 4Paragraph 4
  230. 5Paragraph 5
  231. Schedule 10FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT REQUIRED BY ARTICLE 15(1)
  232. Schedule 11FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT PERMITTED BY ARTICLE 15(1)
  233. Schedule 12Notice of landing
  234. Schedule 13PLANT HEALTH MOVEMENT DOCUMENT
  235. Schedule 14: SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE
  236. 1Paragraph 1
  237. 2Paragraph 2
  238. 3Paragraph 3
  239. 4Paragraph 4
  240. 5Paragraph 5
  241. 6Paragraph 6
  242. 7Paragraph 7
  243. 8Paragraph 8
  244. Schedule 15: SPECIAL MEASURES FOR THE CONTROL OF POTATO CYST NEMATODE
  245. 1Paragraph 1
  246. 2Paragraph 2
  247. 3Paragraph 3
  248. 4Paragraph 4
  249. 5Paragraph 5
  250. 6Paragraph 6
  251. Schedule 16: SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT
  252. 1Paragraph 1
  253. 2Paragraph 2
  254. 3Paragraph 3
  255. 4Paragraph 4
  256. 5Paragraph 5
  257. 6Paragraph 6
  258. 7Paragraph 7
  259. 8Paragraph 8
  260. 9Paragraph 9
  261. 10Paragraph 10
  262. 11Paragraph 11
  263. 12Paragraph 12
  264. 13Paragraph 13
  265. 14Paragraph 14
  266. 15Paragraph 15
  267. 16Paragraph 16
  268. Schedule 17: RALSTONIA SOLANACEARUM
  269. Part A: SPECIAL MEASURES FOR THE CONTROL OF RALSTONIA SOLANACEARUM
  270. 1Paragraph 1
  271. 2Paragraph 2
  272. 3Paragraph 3
  273. 4Paragraph 4
  274. 5Paragraph 5
  275. 6Paragraph 6
  276. 7Paragraph 7
  277. 8Paragraph 8
  278. 9Paragraph 9
  279. 10Paragraph 10
  280. 11Paragraph 11
  281. 12Paragraph 12
  282. 13Paragraph 13
  283. 14Paragraph 14
  284. 15Paragraph 15
  285. 16Paragraph 16
  286. Part B: Demarcation of zones for the control of Ralstonia solanacearum
  287. 1Paragraph 1
  288. 2Paragraph 2
  289. 3Paragraph 3
  290. 4Paragraph 4
  291. 5Paragraph 5
  292. 6Paragraph 6
  293. Schedule 18: NOTIFICATION REQUIREMENTS
  294. 1Live organisms of the animal kingdom
  295. 2Live organisms of the animal kingdom
  296. 3Live organisms of the animal kingdom
  297. 4Bacteria
  298. 5Bacteria
  299. 6Bacteria
  300. 7Bacteria
  301. 8Bacteria
  302. 9Cryptograms
  303. 10Cryptograms
  304. 11Cryptograms
  305. 12Cryptograms
  306. 13Cryptograms
  307. 14Viruses and virus-like pathogens
  308. 15Viruses and virus-like pathogens
  309. 16Viruses and virus-like pathogens
  310. 17Viruses and virus-like pathogens
  311. 18Viruses and virus-like pathogens
  312. 19Viruses and virus-like pathogens
  313. 20Viruses and virus-like pathogens
  314. 21Viruses and virus-like pathogens
  315. 22Viruses and virus-like pathogens
  316. Schedule 19REVOCATION OF ORDERS
  317. Explanatory note