The Plant Health (Forestry) (Great Britain) Order 1993

UK Statutory Instrument 1993 No. 1283 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 17 May 1993
In force from: 1 June 1993
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Agriculture (Miscellaneous Provisions) Act 1972, Plant Health Act 1967

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, which applies to Great Britain, revokes and supersedes the Plant Health (Forestry) (Great Britain) Order 1989 and implements the following Community legislation— 1 Council Directive 77/93/EEC (as amended by the instruments listed in Schedule 7) on protective measures against the introduction into the Member States of the European Community of organisms harmful to plants or plant products and against their spread within the Community; 2 Commission Directive 92/76/EEC (OJ No. L305, 21.10.92, p.12) recognising protected zones exposed to particular health risks in the Community; 3 Commission Directive 92/90/EEC (OJ No. L344, 26.11.92, p.38) establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration; and 4 Commission Directive 92/105/EEC (OJ No. L4, 8.1.93, p.22) establishing a degree of standardisation for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement. The Order— a prohibits the landing of specified tree pests and relevant material (defined in article 2(1) to mean any tree, wood, isolated bark, used forestry machinery, soil or growing medium) and lays down the conditions under which the landing of other relevant material may be permitted (article 3); b prohibits the introduction into protected zones of specified tree pests and relevant material and lays down the conditions under which the introduction of other relevant material may be permitted (article 4); c prohibits the keeping, storage, sale, planting, movement or other disposal of specified tree pests and relevant material within Great Britain (article 5); d prohibits the keeping, storage, sale, planting, movement or other disposal of specified relevant material in protected zones and lays down the conditions under which other relevant material may be kept, stored, sold, planted, moved or otherwise disposed of in protected zones (article 6); e lays down the conditions under which specified relevant material may be consigned to another Member State or to a protected zone outside Great Britain (article 7); f requires that specified relevant material is to be accompanied by a plant passport when landed in or moved within Great Britain following consignment from a Member State, introduced into or moved within the Dendroctonus micans protected zone, or consigned from Great Britain to another Member State or to a protected zone outside Great Britain (article 8); g requires that specified relevant material, when landed in Great Britain following direct consignment from a country not in the European Community, is to be accompanied by a phytosanitary certificate or industry certificate (article 9); h lays down certain exceptions from the requirements for phytosanitary certificates or industry certificates (article 10); i lays down various general provisions relating to certificates and related inspections (articles 12 and 13); j provides for the establishment of a register of forestry traders and lays down the procedure and conditions for registration (articles 14, 15 and 16); k lays down various general provisions relating to plant passports (articles 17 and 18); l requires the notification of the presence of specified tree pests and relevant material (articles 19 and 20); m enables an inspector to take precautionary or remedial action where tree pests or relevant material are or are likely to be landed in contravention of the Order or are likely to be present on premises (article 21); n enables an inspector to enter premises, to carry out examinations and take samples, and to take remedial action where the requirements of a notice served under the Order have not been complied with (articles 22, 24 and 26); o requires an inspector to obtain a warrant from a justice of the peace or sheriff before entering a dwelling house (article 27); p provides that anything that is otherwise prohibited under the Order may be done under authority of a licence granted in exercise of any derogation permitted by Directive 77/93/EEC (article 28); q provides that officers of Customs and Excise may detain tree pests or relevant material for examination by an inspector (article 29); r enables an inspector or other officer to require information in respect of specified tree pests and relevant material (article 30); s provides that the contravention of, or failure to comply with, any provisions of the Order (other than those relating to landing) shall be an offence punishable by a fine not exceeding £5,000 (article 31). (Any person who lands articles in contravention of a prohibition imposed by this Order with intent to evade such prohibition is guilty of an offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) and may be arrested. A person guilty of such an offence is liable, on summary conviction, to a penalty of £5,000 or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both; and, on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 7 years, or to both.)

Offences created by this instrument

A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him— a subject to… article 31(1) · Status not determined · Requires proof of a state of mind
A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement… article 31(3) · Status not determined · Requires proof of a state of mind
A person shall be guilty of an offence if he— a dishonestly issues a plant passport, or b dishonestly alters a plant… article 31(4) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Termite Infestation: Devon Outbreak Lords · Lords Chamber · 28 April 1998 · Baroness Hayman
My Lords, as I understand it, at the moment it is the Building Research Establishment which is very much involved. It is preparing a report on the building concerned. It would, of course, be willing to give advice on neighbouring buildings because it is important to know whether it is possible that the problem has spread. We are considering how to prevent similar importations in the future. Responsibility for that comes under the Plant Health (Forestry) (Great Britain) Order 1993. The Forestry Commission is at present carrying out a pest risk analysis of termites. If it indicates that…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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