The Plant Health (Forestry) ("Phytophthora ramorum") (Great Britain) (No. 2) Order 2002
UK Statutory Instrument 2002 No. 2589 — creates 4 criminal offences.
- Made
- 15 October 2002
- In force from
- 5 November 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 Commission Decision 2002/757/EC of 19th September 2002 (OJ L. 252, 20.9.2002, p. 37) in Great Britain insofar as it relates to forest trees, wood and bark. It revokes the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002 (SI 2002/1478) (article 13). The Order prohibits the introduction and spread of the plant pest, Phytophthora ramorum, a fungus identified as causing Sudden Oak Death syndrome in species of oak in the USA and harm to other species of plants (article 3). It imposes landing controls on plants and wood of four species of forest tree, Acer macrophyllum Pursh., Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and Quercus L. Plant material and wood of this description which originates in the USA and is despatched to the EC after 5th November 2002 must be accompanied by a phytosanitary certificate issued in compliance with the various requirements of the Schedule (article 4 and the Schedule). Imports of such material must be notified to an inspector at least three days before landing. The Order extends the ban in the principal Order on imports of isolated bark of Quercus to the other susceptible species. The Order also imposes a requirement for imports from the USA of such susceptible trees to be accompanied by a plant passport when moving within Great Britain or to another part of the UK, or elsewhere in the EC, including the Channel Islands and Isle of Man. Such material despatched from the USA before 5th November 2002 is not subject to this Order (article 6), but the controls of the revoked Forestry Phytophthora ramorum Order will continue to apply to such material despatched from the USA before 5th November 2002 and which enters Great Britain after 5th November 2002 (article 13). There is provision (article 10) for licensed importation, movement and keeping of the prohibited pest for research purposes. Inspectors' enforcement powers are provided for in article 11, and offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order. Offences are also created in respect of the spread of the pest and compliance with the key provisions of the Order (article 12). No regulatory impact assessment has been undertaken in respect of the measures in this Order.
Offences created by this instrument
- A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes… article 12(1) · Status not determined · Strict liability
- A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under… article 12(2) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order article 12(3) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or… article 12(4) · Status not determined · Requires proof of a state of mind
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.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2002