UK Offence Report

The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002

UK Statutory Instrument 2002 No. 1478 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
6 June 2002
In force from
27 June 2002
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
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 implements measures to prevent the introduction and spread into Great Britain of the pest Phytophthora ramorum, a fungus which is not established in the United Kingdom. It regulates the landing and movement in and within Great Britain of forest trees and wood and bark from forest trees originating in the United States of America which has been identified as susceptible to the pest, known to cause Sudden Oak Death syndrome in certain species of oak, as well as harm to other plants. There are associated plant health Orders in England, Scotland and Wales also taking measures against Phytophthora ramorum. The species identified as “susceptible material” in various forms (as scheduled) are Acer macrophyllum, Aesculus californica, Lithocarpus densiflorus and the genus Quercus L. Certain prohibitions already exist in respect of certain Quercus species in specific forms under the principal order (see the footnotes to the Schedule), which is defined in article 2. This Order requires susceptible material which originates in the USA and is landed in Great Britain to be accompanied by a phytosanitary certificate or reforwarding phytosanitary certificate containing a declaration that the material originates in a location which is officially recognised in the USA as free from the pest (article 3(2)(a)). In the case of certain wood material, items which originate from an area which is not free from the pest may be imported if certain treatment requirements are met (article 3(2)(a), and see the Schedule for the details of the treatment requirements). The landing requirements do not apply to items which enter another member State or elsewhere in the United Kingdom or Channel Islands or Isle of Man before being moved to Great Britain, but they do apply to consignments from other countries outside the EU if the susceptible material the subject of the consignment originates in the USA. This Order also prohibits the movement and keeping of susceptible material which has been imported in breach of its terms. This prohibition applies only to those doing so in the course of a trade or business (article 3(2)(b)). For purposes of scientific research, licences may be issued by the Forestry Commissioners under the principal Order to authorise the landing, movement and keeping of susceptible material which would otherwise be prohibited under this Order (article 5). The landing requirements and provisions relating to licensing in this Order apply whether a person is acting in the course of a trade or business or not. An inspector acting under this Order may exercise powers to check compliance (by examining, sampling and marking property and/or premises) conferred by article 24 of the principal Order (“article 24 powers”), including powers to inspect documents, including documents and records held on computer (article 6). Any article 24 power exercised under this Order has the same effect as if exercised under the relevant article of the principal Order so that once that power is exercised, the relevant consequential provisions of the principal Order, including provisions as to offences, take effect. In the absence of a reasonable excuse, it is an offence under this Order to keep or move susceptible material which has been imported in breach of the Order (article 7). (Importation infringements may be prosecuted under the Customs & Excise Management Act 1979.) Failure to observe the conditions of a licence issued by virtue of this Order may constitute an offence under the terms of the principal Order (article 5(2)). No Regulatory Appraisal has been prepared in respect of the measures contained in this Order.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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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