The Plant Health (Ips typographus) (England) Order 2019

UK Statutory Instrument 2019 No. 40 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 15 January 2019
In force from: 16 January 2019
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 introduces specific measures for the control in England of infestations of Ips typographus (Heer) (the larger eight-toothed spruce bark beetle) which is a serious pest of conifer trees. Article 3 makes provision for the Forestry Commissioners to demarcate an area of England (which may further be divided into an infested area and a controlled area) and to specify the susceptible material (see article 2(1)) to which the prohibitions on movement in article 4 are to apply in response to a confirmed finding of Ips typographus. Article 4 prohibits, subject to certain exceptions, the movement of susceptible material within or out of a demarcated area, or an infested or controlled area, as described in a notice published under the Order, without the written authority of a plant health inspector. Article 5 contains provisions relating to inspection and enforcement. Article 6 makes it an offence to contravene a prohibition on the movement of susceptible material contained in Article 4(2). A person guilty of an offence under article 6 is liable on summary conviction to a fine. An impact assessment has not been prepared for this instrument as no or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

A person commits an offence if, without reasonable excuse, proof of which lies with the person, that person— a… article 6(1) · 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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 15 January 2019
Instrument made (signed into law) 15 January 2019
Laid before the House of Commons 16 January 2019 · Commons
Laid before the House of Lords 16 January 2019 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 28 January 2019 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 28 January 2019 · Lords
Objection period ends 24 February 2019
Instrument remains law 24 February 2019
Procedure concluded in the House of Commons and the House of Lords 24 February 2019 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2019