Title, extent and commencement

1. This Order may be cited as The Plant Health ( Phytophthora ramorum ) (England) Order 2002, shall extend to England, and shall come into force on 13th May 2002.

Interpretation

2. —(1) In this Order—

“inspector” means any person authorised to be an inspector for the purposes of the principal Order;

“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;

“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 14 to the principal Order and issued in compliance with articles 12(4) to (7) and 13 of the principal Order;

“plant” has the same meaning as that given in the principal Order;

“the principal Order” means the Plant Health (Great Britain) Order 1993( 2 ); and

“susceptible material” means, in the case of material originating in the United States of America (“USA”), plants of all species of the genera listed in the first column of the Schedule, and in all other cases, plants of all species of the genera Rhododendron and Viburnum .

(2) Unless otherwise stated, a reference in this Order to a numbered article is a reference to the article so numbered in this Order, and references to the Schedule refer to the Schedule to this Order.

Imports of susceptible material from the USA

3. Subject to article 5(1), no person shall import from the USA into England susceptible materialoriginating in the USA unless it is accompanied by a phytosanitary certificate fulfilling the requirements set out in the Schedule( 3 ).

Notification of movements of susceptible material into and within England

4. —(1) This article is subject to articles 5(2) and 6(1).

(2) Any person in occupation of premises in England who takes delivery at those premises of any susceptible material other than that despatched to him from premises elsewhere in England shall, within three days after taking delivery of the material, provide to an inspector written notice, signed by him, stating the following information:

(a) the date and means of delivery to his premises;

(b) whether the susceptible material remains on his premises and if so, the address of those premises;

(c) if the susceptible material has been forwarded to another destination, or it is intended so to forward it within two days of the notice being given, the address to which it has been or is to be forwarded, and the name of the intended recipient;

(d) the origin of the susceptible material, if known;

(e) the name and address of the producer, if known;

(f) the species and variety of the susceptible material; and

(g) the quantity of susceptible material.

(3) Any person in occupation of premises in England who despatches from those premises any susceptible material to premises elsewhere in England shall, within one day after the day of despatch, provide to an inspector written notice, signed by him, stating the following information:

(a) the date and means of despatch to the destination premises;

(b) the address of those premises and the name of the recipient;

(c) the origin of the susceptible material, if known;

(d) the name and address of the producer, if known;

(e) the species and variety of the susceptible material; and

(f) the quantity of susceptible material.

Exemptions

5. —(1) The requirements of article 3 shall not apply to susceptible material which is accompanied by a phytosanitary certificate issued prior to the coming into force of this Order.

(2) The requirements of article 4 shall not apply to the despatch or taking of delivery of susceptible material by persons not acting in the course of any trade or business.

Powers of an inspector

6. —(1) An inspector—

(a) may dispense in writing with all or any of the requirements in article 4 for written notification if he believes that notification otherwise given to him has furnished him with sufficient information about any susceptible material the delivery or despatch of which falls under the provisions of this Order;

(b) giving written dispensation pursuant to sub-paragraph (a) must, as soon as reasonably practical, post or otherwise deliver the written dispensation to the person obtaining the dispensation.

(2) An inspector may, for the purposes of checking compliance with this Order—

(a) exercise the powers conferred by article 25(1)(a) and (b) of the principal Order, as if checking compliance with the principal Order; and

(b) having entered premises by virtue of sub-paragraph (a), require production of documentation or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documentation or records.

(3) Where documentation or records required to be examined by an inspector pursuant to paragraph (2)(b) are kept by means of a computer, an inspector may—

(a) require access to any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and

(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.

(4) Any power conferred by article 25 of the principal Order which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 33(1)(a) and (c), (2) and (6) (offences)) shall apply accordingly.

Offences

7. —(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him—

(a) he contravenes or fails to comply with article 4; or

(b) he intentionally obstructs an inspector in the exercise of his powers given by or under article 6(2)(b) or (3).

(2) A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

article 3

SCHEDULE