Explanatory note

(This note is not part of the Order)

This Order, which revokes the Restriction on Movement of Spruce Wood Order 1982, controls the movement of spruce bark from trees grown in the areas described in the Schedule by prohibiting its movement within those areas unless it has been treated against the tree pestDendroctonus micansKugelann (the Great Spruce Bark Beetle) (article 3(1)).

Dendroctonus micansis a non-indigenous pest which attacks spruce trees and its spread is also controlled by the Plant Health (Forestry) (Great Britain) Order 1993^f1.

The Order also—

(a)

permits movement of spruce bark in accordance with a licence granted by the Forestry Commissioners or pursuant to a notice served by an inspector or instructions issued by an inspector (article 3(2));

(b)

empowers an inspector to enter premises, to carry out examinations and take samples (article 5);

(c)

empowers an inspector to serve a notice requiring the production of records and information by any person reasonably suspected of being involved in the movement of spruce bark in contravention of the Order (article 6(1)), to serve a notice requiring the treatment or destruction of spruce bark (article 6(2)) and to carry out treatment or destruction in default of compliance (article 6(3));

(d)

provides that contravention of, or failure to comply with, a provision of the Order or a notice or licence issued under it, shall be an offence punishable by a fine not exceeding £5,000 (article 8).

Annotations

Footnotes

f1: S.I. 1993/1283.