UK Offence Report

The Plant Health (Phytophthora kernovii Management Zone) (England) Order 2004

UK Statutory Instrument 2004 No. 3367 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
20 December 2004
In force from
21 December 2004
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, which extends to England and Wales but applies to England only, comes into force on 21st December 2004. The Order gives plant health inspectors additional powers to those conferred on them by the Plant Health (Great Britain) Order 1993 (S.I. 1993/1320) and by the Plant Health (Forestry) (Great Britain) Order (S.I. 1993/1283) for the purpose of containing within and eradicating from an area within Cornwall (the “management zone”, as defined in article 2 and Schedule 2) the organism currently known as Phytophthora kernovii, a plant pest which is not normally present in Great Britain. The movement of susceptible material (defined in article 2 and Schedule 1) from within the zone to outside the zone is prohibited without the written authority of an inspector (article 3). Inspectors may, for the purpose of preventing the spread of Phytophthora kernovii, close footpaths within the zone (article 4). Inspectors are provided with a power to enter premises for the purpose of inspecting and seizing any susceptible material that they have reasonable grounds for suspecting is being or has been moved in contravention of article 3. An inspector may only exercise the power to enter into a building used wholly or mainly as a dwelling if he has been granted a warrant by a justice of the peace (article 5). A person who, without reasonable excuse, moves susceptible material in contravention of article 3, uses a footpath that has been closed under article 4, removes or otherwise interferes with a notice of closure displayed under article 4 or obstructs an inspector in the exercise of his powers under the Order commits an offence (article 6). The offences carry liability on summary conviction to a fine not exceeding level 5 on the standard scale (£5,000). Copies of plans showing the extent of the management zone have been placed in the libraries of both Houses of Parliament. No regulatory impact assessment has been prepared.

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.

Check the source