UK Offence Report

The Plant Health (Phytophthora ramorum) (England) Order 2004 (revoked)

UK Statutory Instrument 2004 No. 2590 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
2 October 2004
In force from
29 October 2004
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 comes into force on 29th October 2004, implements in England— Commission Decisions 2002/757/EC of 19th September 2002 (OJ No. L 252, 20.9.2002, p. 37) and 2004/426/EC of 29th April 2004 (OJ No. L 189, 27.5.2004, p. 1) on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum insofar as they relate to plants other than forest trees; and Commission Decision 2004/278/EC (OJ No. L 87, 25.3.2004, p. 31) on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade and agricultural products insofar as it relates to Camellia, Rhododendron and Viburnum. The Order prohibits the introduction and spread of the plant pest Phytophthora ramorum (article 3). It controls the importation of material of a number of susceptible plant species and genera from the USA, requiring such material to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from Phytophthora ramorum, confirming that fact (article 4 and Schedule 1). Susceptible material imported from third countries, including the USA, must have a plant passport when it is moved within England or elsewhere in the European Community (“the EC”) or Switzerland (article 5). Plants of Camellia, Rhododendron and Viburnum produced in England or originating anywhere else in the EC or Switzerland, must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (article 6 and Schedule 2). The Order requires producers of Camellia, Rhododendron and Viburnum in England wishing to move such material to be registered if they are not already registered under the principal Plant Health Order (the Plant Health (Great Britain) Order 1993, as amended) (“the principal Order”) (article 7). There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or undertaking (article 7(4)). Provisions similar to those in the principal Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of Defra, as the official plant health service in England (article 8) and to the issue of phytosanitary certificates in England and the treatment of phytosanitary certificates or plant passports issued outside England (articles 9 and 10). There is provision for licensed importation, movement and keeping of the prohibited pest for research purposes (article 11). Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by Plant Health Inspectors (articles 12 to 14). Offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order and in respect of the introduction, spread and movement of Phytophthora ramorum, compliance with notices served under this Order and the obstruction of inspectors exercising their powers under this Order (article 15). The Plant Health (Phytophthora ramorum) (England) (No. 2) Order 2002 (SI 2002/2573) is revoked (article 16). A regulatory impact assessment of the Agreement between the European Community and the Swiss Confederation on trade and agricultural products and of the measures concerning Commission Decision 2004/426/EC implemented in this Order has been carried out and is available from Plant Health Division, DEFRA, Foss House, Kings Pool, Peasholme Green, York YO1 7PX.

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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