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The Plant Health (Forestry) Order 2005

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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 1A amendment by S.I. 2014/2420, art. 18 extended to W. by S.I. 2015/1723 art. 2(t)
  • Sch. 1A inserted by S.I. 2014/2420 art. 18
  • Sch. 1A substituted by S.I. 2019/498 art. 12
  • Sch. 1A Table word inserted by S.I. 2017/1178 art. 8(a)
  • Sch. 1A Table words substituted by S.I. 2017/1178 art. 8(b)
  • Sch. 1A Table words substituted by S.I. 2018/1048 art. 8
  • Sch. 1A Table words substituted by S.I. 2015/1723 art. 4(2)
  • Sch. 2 Table Pt. A Table item 10 omitted by S.I. 2019/1075 art. 6(a)
  • Sch. 5 Pt. A para. 1B Sch. 5 Pt. A para. 1a renumbered as Sch. 5 Pt. A para. 1B by S.I. 2016/1167 art. 13(b)
  • Sch. 5 Pt. A para. 1C Sch. 5 Pt. A para. 1b renumbered as Sch. 5 Pt. A para. 1C by S.I. 2016/1167 art. 13(b)
  • Sch. 5 Pt. A para. 1D Sch. 5 Pt. A para. 1c renumbered as Sch. 5 Pt. A para. 1D by S.I. 2016/1167 art. 13(b)
  • Sch. 5 Pt. A para. 1B Sch. 5 para. 1a renumbered as Sch. 5 para. 1B by S.I. 2019/498 art. 18(b)
  • Sch. 5 Pt. A para. 1C Sch. 5 para. 1b renumbered as Sch. 5 para. 1C by S.I. 2019/498 art. 18(b)
  • Sch. 5 Pt. A para. 1D Sch. 5 para. 1c renumbered as Sch. 5 para. 1D by S.I. 2019/498 art. 18(b)
  • sch. 5 Pt. A para. 4(a)(ix) inserted by S.S.I. 2019/278 art. 9(c)(iv)
  • sch. 5 Pt. A para. 4C inserted by S.S.I. 2019/278 art. 9(d)
  • sch. 5 Pt. A para. 7 inserted by S.S.I. 2019/278 art. 9(g)
  • Sch. 5 Pt. A para. 1A inserted by S.I. 2016/1167 art. 13(a)
  • Sch. 5 Pt. A para. 4A 4B inserted by S.I. 2016/1167 art. 13(c)
  • Sch. 5 Pt. A para. 4(a)(viii) inserted by S.I. 2017/1178 art. 11(c)
  • Sch. 5 Pt. A para. 4(a)(ix) inserted by S.I. 2019/1075 art. 9(c)(iv)
  • Sch. 5 Pt. A para. 4C inserted by S.I. 2019/1075 art. 9(d)
  • Sch. 5 Pt. A para. 7 inserted by S.I. 2019/1075 art. 9(g)
  • Sch. 5 Pt. A para. 1A inserted by S.I. 2019/498 art. 18(a)
  • Sch. 5 Pt. A para. 4(a)(viii) inserted by S.I. 2019/498 art. 18(c)(iii)
  • Sch. 5 Pt. A para. 4A 4B inserted by S.I. 2019/498 art. 18(d)
  • sch. 5 Pt. A para. 5 omitted by S.S.I. 2019/278 art. 9(e)
  • Sch. 5 Pt. A para. 2A omitted by S.I. 2014/2420 art. 21(1)(b)
  • Sch. 5 Pt. A para. 5 omitted by S.I. 2019/1075 art. 9(e)
  • Sch. 5 Pt. A para. 2(b)(c) revoked by S.I. 2015/1723 art. 3(k)(i)
  • Sch. 5 Pt. A para. 2A revoked by S.I. 2015/1723 art. 3(k)(ii)
  • Sch. 5 Pt. A para. 3(b)(c) revoked by S.I. 2015/1723 art. 3(k)(iii)
  • Sch. 5 Pt. A para. 4(a)(ii)-(vi) revoked by S.I. 2015/1723 art. 3(k)(iv)
  • sch. 5 Pt. A para. 6 substituted by S.S.I. 2019/278 art. 9(f)
  • Sch. 5 Pt. A para. 6 substituted by S.I. 2019/1075 art. 9(f)
  • Sch. 5 Pt. A para. 2(b)-(e) substituted for para. 2(b)(c) by S.I. 2014/2420 art. 21(1)(a)
  • Sch. 5 Pt. A para. 3(b)-(d) substituted for para. 3(b)(c) by S.I. 2014/2420 art. 21(1)(c)
  • Sch. 5 Pt. A para. 4(a)(ii)-(vii) substituted for para. 4(a)(ii)-(vi) by S.I. 2014/2420 art. 21(1)(d)
  • Sch. 5 Pt. A para. 4(a)(vii) word inserted by S.I. 2019/498 art. 18(c)(ii)
  • Sch. 5 Pt. A para. 4(a)(vi) word omitted by S.I. 2017/1178 art. 11(a)
  • Sch. 5 Pt. A para. 4(a)(vii) word omitted by S.I. 2017/1178 art. 11(b)
  • Sch. 5 Pt. A para. 4(a)(vi) word omitted by S.I. 2019/498 art. 18(c)(i)
  • Sch. 5 Pt. A para. 4(a)(vii) word omitted by S.I. 2019/498 art. 18(c)(ii)
  • sch. 5 Pt. A para. 4(a)(viii) words omitted by S.S.I. 2019/278 art. 9(c)(iii)
  • Sch. 5 Pt. A para. 4(a)(viii) words omitted by S.I. 2019/1075 art. 9(c)(iii)
  • sch. 5 Pt. A para. 2(e) words substituted by S.S.I. 2019/278 art. 9(a)(i)
  • sch. 5 Pt. A para. 2(e) words substituted by S.S.I. 2019/278 art. 9(a)(ii)
  • sch. 5 Pt. A para. 3(c) words substituted by S.S.I. 2019/278 art. 9(b)(i)
  • sch. 5 Pt. A para. 3(c) words substituted by S.S.I. 2019/278 art. 9(b)(ii)
  • sch. 5 Pt. A para. 4(a)(ii) words substituted by S.S.I. 2019/278 art. 9(c)(i)
  • sch. 5 Pt. A para. 4(a)(vi) words substituted by S.S.I. 2019/278 art. 9(c)(ii)(aa)
  • sch. 5 Pt. A para. 4(a)(vi) words substituted by S.S.I. 2019/278 art. 9(c)(ii)(bb)
  • Sch. 5 Pt. A para. 2(e) words substituted by S.I. 2019/1075 art. 9(a)(i)
  • Sch. 5 Pt. A para. 2(e) words substituted by S.I. 2019/1075 art. 9(a)(ii)
  • Sch. 5 Pt. A para. 3(c) words substituted by S.I. 2019/1075 art. 9(b)(i)
  • Sch. 5 Pt. A para. 3(c) words substituted by S.I. 2019/1075 art. 9(b)(ii)
  • Sch. 5 Pt. A para. 4(a)(ii) words substituted by S.I. 2019/1075 art. 9(c)(i)
  • Sch. 5 Pt. A para. 4(a)(vi) words substituted by S.I. 2019/1075 art. 9(c)(ii)(aa)
  • Sch. 5 Pt. A para. 4(a)(vi) words substituted by S.I. 2019/1075 art. 9(c)(ii)(bb)
  • Sch. 5 Pt. B para. 1A inserted by S.I. 2014/2420 art. 21(2)
  • sch. 6 Pt. A para. 1C inserted by S.S.I. 2019/278 art. 10(a)(ii)
  • sch. 6 Pt. A para. 11 inserted by S.S.I. 2019/278 art. 10(a)(iii)
  • Sch. 6 Pt. A para. 1A 1B inserted by S.I. 2016/1167 art. 14(a)
  • Sch. 6 Pt. A para. 7-10 inserted by S.I. 2016/1167 art. 14(d)
  • Sch. 6 Pt. A para. 1C inserted by S.I. 2019/1075 art. 10(a)(ii)
  • Sch. 6 Pt. A para. 11 inserted by S.I. 2019/1075 art. 10(a)(iii)
  • Sch. 6 Pt. A para. 1A 1B inserted by S.I. 2019/498 art. 19(a)
  • Sch. 6 Pt. A para. 7-10 inserted by S.I. 2019/498 art. 19(d)
  • Sch. 6 Pt. A para. 5 omitted by S.I. 2014/2420 art. 22(1)
  • Sch. 6 Pt. A para. 3 omitted by S.I. 2016/1167 art. 14(c)
  • Sch. 6 Pt. A para. 3 omitted by S.I. 2019/498 art. 19(c)
  • Sch. 6 Pt. A para. 4A revoked by S.I. 2015/1723 art. 3(l)
  • Sch. 6 Pt. A para. 5 revoked by S.I. 2015/1723 art. 3(l)
  • Sch. 6 Pt. B para. 3(a)(ii) revoked by S.I. 2015/1723 art. 3(m)
  • Sch. 6 Pt. B para. 3(a)(ii) substituted by S.I. 2019/498 art. 20(b)
  • Sch. 6 Pt. B para. 2 2A 2B substituted for para. 2 by S.I. 2014/2420 art. 22(2)(a)
  • Sch. 6 Pt. B para. 3(a)(ii)(iii) substituted for para. 3(a)(ii) by S.I. 2014/2420 art. 22(2)(b)
  • sch. 6 Pt. B para. 2B words inserted by S.S.I. 2019/278 art. 10(b)
  • Sch. 6 Pt. B para. 2B words inserted by S.I. 2019/1075 art. 10(b)
  • Sch. 6 Pt. B para. 2B words substituted by S.I. 2017/1178 art. 12(2)
  • Sch. 6 Pt. B para. 2B words substituted by S.I. 2019/498 art. 20(a)
  • sch. 7 Pt. A para. 1C inserted by S.S.I. 2019/278 art. 11(a)(ii)
  • sch. 7 Pt. A para. 11 inserted by S.S.I. 2019/278 art. 11(a)(iii)
  • Sch. 7 Pt. A para. 1A 1B inserted by S.I. 2016/1167 art. 15(a)
  • Sch. 7 Pt. A para. 7-10 inserted by S.I. 2016/1167 art. 15(d)
  • Sch. 7 Pt. A para. 1C inserted by S.I. 2019/1075 art. 11(a)(ii)
  • Sch. 7 Pt. A para. 11 inserted by S.I. 2019/1075 art. 11(a)(iii)
  • Sch. 7 Pt. A para. 1A 1B inserted by S.I. 2019/498 art. 21(a)
  • Sch. 7 Pt. A para. 7-10 inserted by S.I. 2019/498 art. 21(d)
  • Sch. 7 Pt. A para. 5 omitted by S.I. 2014/2420 art. 23(1)
  • Sch. 7 Pt. A para. 3 omitted by S.I. 2016/1167 art. 15(c)
  • Sch. 7 Pt. A para. 3 omitted by S.I. 2019/498 art. 21(c)
  • Sch. 7 Pt. A para. 4A revoked by S.I. 2015/1723 art. 3(n)
  • Sch. 7 Pt. A para. 5 revoked by S.I. 2015/1723 art. 3(n)
  • Sch. 7 Pt. B para. 4(a)(ii) revoked by S.I. 2015/1723 art. 3(o)
  • Sch. 7 Pt. B para. 2 2A 2B substituted for para. 2 by S.I. 2014/2420 art. 23(2)(a)
  • Sch. 7 Pt. B para. 4(a)(ii)(iii) substituted for para. 4(a)(ii) by S.I. 2014/2420 art. 23(2)(b)
  • sch. 7 Pt. B para. 2B words inserted by S.S.I. 2019/278 art. 11(b)
  • Sch. 7 Pt. B para. 2B words inserted by S.I. 2019/1075 art. 11(b)
  • Sch. 7 Pt. B para. 2B words substituted by S.I. 2017/1178 art. 13(2)
  • Sch. 7 Pt. B para. 2B words substituted by S.I. 2019/498 art. 22
  • sch. 7A inserted by S.S.I. 2019/130 reg. 59 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • Sch. 8 Pt. B para. 2A inserted by S.I. 2017/1178 art. 14(2)(b)
  • Sch. 8 Pt. B para. 2A inserted by S.I. 2019/498 art. 24(b)
  • Sch. 8 Pt. B para. 3 substituted by S.I. 2017/1178 art. 14(2)(c)
  • Sch. 8 Pt. B para. 6 substituted by S.I. 2017/1178 art. 14(2)(d)
  • Sch. 8 Pt. B para. 3 substituted by S.I. 2019/498 art. 24(c)
  • Sch. 8 Pt. B para. 6 substituted by S.I. 2019/498 art. 24(d)
  • Sch. 9 para. 4(a) substituted by S.I. 2019/786 reg. 57(d)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • sch. 11A inserted by S.S.I. 2019/278 art. 12
  • Sch. 11A inserted by S.I. 2019/1075 art. 12
  • Sch. 12 Pt. C inserted by S.I. 2016/1167 art. 16(b)
  • sch. 12 Pt. C omitted by S.S.I. 2019/130 reg. 62(c) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • Sch. 12 Pt. C omitted by S.I. 2019/786 reg. 58(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • Sch. 12 para. 2 omitted by S.I. 2019/735 reg. 54(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • Sch. 12 Pt. C omitted by S.I. 2019/735 reg. 54(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • Sch. 12 para. 1 words omitted by S.I. 2019/735 reg. 54(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • sch. 12 Pt. A para. 2 omitted by S.S.I. 2019/130 reg. 62(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • Sch. 12 Pt. A para. 2 omitted by S.I. 2019/786 reg. 58(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • sch. 12 Pt. A para. 1 word substituted by S.S.I. 2019/130 reg. 62(a)(i) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • sch. 12 Pt. A para. 1 words omitted by S.S.I. 2019/130 reg. 62(a)(iii) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • Sch. 12 Pt. A para. 1 words omitted by S.I. 2019/786 reg. 58(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • sch. 12 Pt. A para. 1 words substituted by S.S.I. 2019/130 reg. 62(a)(ii) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • sch. 12A-12G inserted by S.S.I. 2019/130 reg. 63 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • Sch. 13A inserted by S.I. 2019/786 reg. 60 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • Sch. 13A inserted by S.I. 2019/735 reg. 56 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • sch. 13B inserted by S.S.I. 2019/130 reg. 65 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2(1A)(1B) inserted by S.S.I. 2019/130 reg. 3(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2(5) inserted by S.I. 2016/1167 art. 3(2)
  • art. 2(5) inserted by S.I. 2019/498 art. 3(c)
  • art. 2(5) omitted by S.S.I. 2019/130 reg. 3(e) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2(5) omitted by S.I. 2019/786 reg. 8(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 2(5) omitted by S.I. 2019/735 reg. 4(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 2(6) inserted by S.I. 2019/786 reg. 8(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 2(6) inserted by S.I. 2019/735 reg. 4(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 2A(1)(a)(aa) omitted by S.S.I. 2019/130 reg. 4(a) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2A(1)(aa) inserted by S.I. 2019/734 Sch. para. 65(3)(b) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 2A(1A) inserted by S.I. 2019/786 reg. 9(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 2A(1A) inserted by S.I. 2019/735 reg. 5(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 2A(1B) inserted by S.S.I. 2019/130 reg. 4(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2A(2)(aa) inserted by S.I. 2019/734 Sch. para. 65(3)(c) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 2A(3)(a)(aa) omitted by S.S.I. 2019/130 reg. 4(c) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2A(3)(aa) inserted by S.I. 2019/734 Sch. para. 65(3)(d) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 2A(3A) inserted by S.I. 2019/786 reg. 9(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 2A(3A) inserted by S.I. 2019/735 reg. 5(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 2A(3B) inserted by S.S.I. 2019/130 reg. 4(d) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 2A(6)(aa) inserted by S.I. 2019/734 Sch. para. 65(3)(f) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 4A inserted by S.I. 2019/786 reg. 12 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 4A inserted by S.I. 2019/735 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 4B inserted by S.S.I. 2019/130 reg. 7 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 5(A1) inserted by S.I. 2019/786 reg. 13(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 5(A1) inserted by S.I. 2019/735 reg. 9(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 5(1)(1A) omitted by S.S.I. 2019/130 reg. 8(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 5(1)(1A) omitted by S.I. 2019/786 reg. 13(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 5(1A) amendment by S.I. 2014/2420, art. 4(2) extended to W. by S.I. 2015/1723 art. 2(c)
  • art. 5(1A) inserted by S.I. 2014/2420 art. 4(2)
  • art. 5(1A) omitted by S.I. 2019/735 reg. 9(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 5(1B) inserted by S.S.I. 2019/130 reg. 8(c) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 5(3) inserted by S.I. 2019/786 reg. 13(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 5(3) inserted by S.I. 2019/735 reg. 9(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 5(3) words substituted in earlier amending provision S.I. 2019/786, reg. 13(e) by S.I. 2019/809 reg. 4(4) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 5(4) inserted by S.S.I. 2019/130 reg. 8(e) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 6(A1) inserted by S.I. 2019/786 reg. 14(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 6(A1) inserted by S.I. 2019/735 reg. 10(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 6(1)(1A) omitted by S.S.I. 2019/130 reg. 9(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 6(1A) inserted by S.I. 2019/734 Sch. para. 65(4)(b) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 6(2)(2A) omitted by S.S.I. 2019/130 reg. 9(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 6(2A) inserted by S.I. 2019/734 Sch. para. 65(4)(c) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 6(2B) inserted by S.S.I. 2019/130 reg. 9(c) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 6A inserted by S.I. 2019/786 reg. 15 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 6A inserted by S.I. 2019/735 reg. 11 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 6B inserted by S.S.I. 2019/130 reg. 10 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 7(A1) inserted by S.I. 2019/786 reg. 16(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 7(A1) inserted by S.I. 2019/735 reg. 12(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 7(1A) inserted by S.S.I. 2019/130 reg. 11(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 8(A1) inserted by S.I. 2019/786 reg. 17(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 8(A1)-(A3) inserted by S.I. 2019/735 reg. 13(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 8(A1)-(A3) substituted for art. 8(A1) in earlier amending provision S.I. 2019/786, reg. 17(a) by S.I. 2019/809 reg. 4(5)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 8(1A)-(1C) inserted by S.S.I. 2019/130 reg. 12(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 9(A1)(B1) inserted by S.I. 2019/786 reg. 18(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 9(A1)(B1) inserted by S.I. 2019/735 reg. 14(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 9(2A)(2B) inserted by S.S.I. 2019/130 reg. 13(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 9(4)(5) inserted by S.I. 2019/786 reg. 18(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 9(4)(5) inserted by S.I. 2019/735 reg. 14(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 9(6)(7) inserted by S.S.I. 2019/130 reg. 13(c) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 10A inserted by S.I. 2019/786 reg. 20 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 10A inserted by S.I. 2019/735 reg. 16 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 10B inserted by S.S.I. 2019/130 reg. 15 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 12(A1)(B1) inserted by S.I. 2019/786 reg. 22(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 12(A1)(B1) inserted by S.I. 2019/735 reg. 18(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 12(2)(aa) amendment by S.I. 2014/2420, art. 7(a) extended to W. by S.I. 2015/1723 art. 2(f)
  • art. 12(2)(aa) inserted by S.I. 2014/2420 art. 7(a)
  • art. 12(2A)(2B) inserted by S.S.I. 2019/130 reg. 17(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 12(4A) inserted by S.I. 2019/786 reg. 22(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 12(4A) inserted by S.I. 2019/735 reg. 18(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 12(4B) inserted by S.S.I. 2019/130 reg. 17(e) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 12A inserted by S.I. 2019/786 reg. 23 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 12A inserted by S.I. 2019/735 reg. 19 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 12A(2)(a) words substituted in earlier amending provision S.I. 2019/786, reg. 23 by S.I. 2019/809 reg. 4(7) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 12B inserted by S.S.I. 2019/130 reg. 18 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 15(4A) inserted by S.I. 2019/786 reg. 25(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 15(4A) inserted by S.I. 2019/735 reg. 21(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 15(4B) inserted by S.S.I. 2019/130 reg. 20(d) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 16A inserted by S.I. 2019/786 reg. 27 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 16A inserted by S.I. 2019/735 reg. 23 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 16B inserted by S.S.I. 2019/130 reg. 22 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 17(6) inserted by S.I. 2018/1048 art. 6(b)
  • art. 17A inserted by S.I. 2019/786 reg. 29 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 17A inserted by S.I. 2019/735 reg. 25 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 17B inserted by S.S.I. 2019/130 reg. 24 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 18(1A) amendment by S.I. 2014/2420, art. 8(2) extended to W. by S.I. 2015/1723 art. 2(i)
  • art. 18(1A) inserted by S.I. 2014/2420 art. 8(2)
  • art. 18(3)(4) inserted by S.I. 2016/1167 art. 6
  • art. 18(3) words omitted by S.I. 2019/734 Sch. para. 65(6)(a) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 18(3A) inserted by S.I. 2019/734 Sch. para. 65(6)(b) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 19(1)(aa) amendment by S.I. 2014/2420, art. 9(a) extended to W. by S.I. 2015/1723 art. 2(j)
  • art. 19(1)(aa) inserted by S.I. 2014/2420 art. 9(a)
  • art. 19A inserted by S.I. 2019/786 reg. 32 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 19A inserted by S.I. 2019/735 reg. 28 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 19A(2)(d) words inserted in earlier amending provision S.I. 2019/786, reg. 32 by S.I. 2019/809 reg. 4(8)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 19A(3)(b) word substituted in earlier amending provision S.I. 2019/786, reg. 32 by S.I. 2019/809 reg. 4(8)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 19A(3)(d) words inserted in earlier amending provision S.I. 2019/786, reg. 32 by S.I. 2019/809 reg. 4(8)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 19B inserted by S.S.I. 2019/130 reg. 27 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 20(9)(10) inserted by S.I. 2019/498 art. 5(d)
  • art. 20(10) inserted by S.I. 2018/1048 art. 7(d)
  • art. 20A inserted by S.I. 2019/786 reg. 34 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A inserted by S.I. 2019/735 reg. 30 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 20A(1)(a) words inserted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(1)(b) words substituted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(1)(c) inserted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(2)(a) words inserted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(d) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(2)(b)(c) substituted for art. 20A(2)(b) in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(e) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(3) words inserted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(f)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(3)(e) inserted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(f)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20A(6) inserted in earlier amending provision S.I. 2019/786, reg. 34 by S.I. 2019/809 reg. 4(9)(g) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 20B inserted by S.S.I. 2019/130 reg. 29 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 21(1)-(3) substituted for art. 21(1)(2) by S.I. 2014/2420 art. 11
  • art. 21(2A) inserted by S.I. 2016/1167 art. 8(b)
  • art. 21(2A) inserted by S.I. 2019/498 art. 6(b)
  • art. 21(2A) omitted by S.S.I. 2019/130 reg. 30(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 21(2A) omitted by S.I. 2019/786 reg. 35(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 21(2A) omitted by S.I. 2019/735 reg. 31(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 22A inserted by S.I. 2019/786 reg. 37 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 22A inserted by S.I. 2019/735 reg. 33 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 22B inserted by S.S.I. 2019/130 reg. 32 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 24(1A) inserted by S.I. 2019/734 Sch. para. 65(7)(b) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 28(7)(c) inserted by S.I. 2019/786 reg. 41(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 28(7)(c) inserted by S.I. 2019/735 reg. 37(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 30A inserted by S.I. 2019/786 reg. 44 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 30A inserted by S.I. 2019/735 reg. 40 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 30B inserted by S.S.I. 2019/130 reg. 39 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 37A inserted by S.S.I. 2019/130 reg. 43 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 38(1)(za) inserted by S.I. 2019/786 reg. 48(a)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 38(1)(za) inserted by S.I. 2019/735 reg. 44(a)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 38(1)(zb) inserted by S.S.I. 2019/130 reg. 44(a)(ii) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 39(A1)(B1) inserted by S.I. 2019/786 reg. 49(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 39(A1)(B1) inserted by S.I. 2019/735 reg. 45(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 39(2A)(2B) inserted by S.S.I. 2019/130 reg. 45(c) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 39(7)(aa) inserted by S.S.I. 2019/130 reg. 45(h)(i) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 39(7)(aa) inserted by S.I. 2019/735 reg. 45(h)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 39(7)(ab) inserted by S.I. 2019/786 reg. 49(h)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 40(1B) inserted by S.I. 2016/1167 art. 9(b)
  • art. 40(1B) substituted by S.I. 2019/498 art. 7(a)
  • art. 40(1B) words omitted by S.I. 2019/734 Sch. para. 65(11)(a) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 40(1C) inserted by S.I. 2019/734 Sch. para. 65(11)(b) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 40(2A) inserted by S.I. 2019/786 reg. 50(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 40(2A) inserted by S.I. 2019/735 reg. 46(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 40(2B) inserted by S.S.I. 2019/130 reg. 46(b) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 41A inserted by S.I. 2019/786 reg. 52 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 41A inserted by S.I. 2019/735 reg. 48 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 41B inserted by S.S.I. 2019/130 reg. 48 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 42A inserted by S.I. 2017/1178 art. 4
  • art. 42A inserted by S.I. 2019/498 art. 8
  • art. 42A(1A) inserted by S.I. 2019/734 Sch. para. 65(12)(a) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 42A(2) words substituted by S.I. 2019/734 Sch. para. 65(12)(b) (This amendment comes into force on the day on which s. 81 of the Forestry and Land Management (Scotland) Act 2018 (asp 8) comes into force. That provision is commenced on 1.4.2019 by S.S.I. 2019/47, reg. 2)
  • art. 43(1)(a)(ib) inserted by S.S.I. 2019/130 reg. 50(a) (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))
  • art. 43(1)(a)(ia) inserted by S.I. 2019/786 reg. 54(a)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 43(1)(a)(iiia) inserted by S.I. 2019/786 reg. 54(a)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 43(1)(a)(iva) inserted by S.I. 2019/786 reg. 54(a)(iv) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 43(1)(a)(va) inserted by S.I. 2019/786 reg. 54(a)(v) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 43(1)(a)(via) inserted by S.I. 2019/786 reg. 54(a)(vi) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 43(1)(a)(ia) inserted by S.I. 2019/735 reg. 50(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 43(1)(a)(xv) inserted by S.I. 2017/1178 art. 5(b)
  • art. 43(1)(a)(xv) inserted by S.I. 2019/498 art. 9(c)
  • art. 43(1)(a)(zi) inserted by S.I. 2019/786 reg. 54(a)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 45A inserted by S.I. 2019/786 reg. 55 (This amendment not applied to legislation.gov.uk. S.I. 2019/786 revoked immediately before IP completion day by S.I. 2020/1482, regs. 2(2)(a), 54(a))
  • art. 45A inserted by S.I. 2019/735 reg. 51 (This amendment not applied to legislation.gov.uk. S.I. 2019/735, Pts. 2, 3 revoked on IP completion day by S.I. 2020/1492, regs. 2(b), 4)
  • art. 45B inserted by S.S.I. 2019/130 reg. 51 (This amendment not applied to legislation.gov.uk. Affecting provision revoked (31.12.2020 immediately before IP completion day) by S.S.I. 2020/466, reg. 1(1)(b), sch. (with reg. 32))

PART 2E+W+SIMPORTS FROM THIRD COUNTRIES

Interpretation of Part 2E+W+S

3.  In this Part—

“approved place of inspection” means a place of destination of relevant material approved by the [F1the appropriate authority] under article 17;

“Customs Code” means Council Regulation (EEC) No 2913/92(1) establishing the Community Customs Code;

“customs document” means a document required by the Commissioners for Her Majesty’s Revenue and Customs for placing relevant material under one of the procedures specified in Article 4(16)(a) and (d) to (g) of the Customs Code;

“electronic communications” has the same meaning as in the Electronic Communications Act 2000(2);

“identity check” means an examination of a consignment of relevant material for the purposes of determining whether it corresponds to its description in the documents that accompany it being an examination of that consignment—

(a)

in its entirety; or

(b)

on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment;

“industry certificate” means a certificate authorised by a decision referred to in article 7(7) and which complies with the requirements of article 15(3);

“working day”, in relation to the notice requirements in articles 6(3)(b)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(3) in the part of Great Britain where the notice is given or the material is detained; and

“working hour” means a period of one hour during a working day.

Textual Amendments

Application of Part 2E+W+S

4.—(1) Subject to paragraph (2), the provisions of this Part shall apply to tree pests and relevant material which are introduced into [F2a relevant territory] from a third country either directly or via another part of the [F3European Union].

(2) The provisions of this Part shall only apply to EC transit goods in respect of which [F4the appropriate authority] have agreed with the official body of point of entry for those goods, in accordance with article 12(6), to be responsible for certain matters.

Textual Amendments

Prohibitions and restrictions on landing tree pests and relevant materialE+W+S

5.—(1) The landing in Great Britain of the following tree pests and relevant material is prohibited—

(a)any tree pest of a description specified in Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material;

(c)any tree pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d)subject to paragraph (2), any relevant material of a description specified in column 2 of Schedule 3 which originates in a third country specified in column 3 opposite the reference to that relevant material;

(e)subject to article 8, any relevant material not prohibited under sub-paragraph (d) which is of a description specified in column 2 of Part A of Schedule 4, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; and

(f)subject to article 8 and without prejudice to any requirements specified in column 3 of Part A of Schedule 4 relating to the relevant material, any relevant material which is of a description specified in column 2 of Part C of Schedule 4 and which is not prohibited under sub-paragraph (d), unless the requirements specified in column 3 of Part C of Schedule 4 opposite the reference to that relevant material have been complied with.

(2) The prohibition in paragraph (1)(d) shall not apply to any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in customs status and which is transported in such a way as to prevent the accidental escape of tree pests.

Advance notification of landingE+W+S

6.—(1) Subject to article 29(3), the landing in [F5a relevant territory] by any person of relevant material to which paragraph (2) refers, is prohibited unless he gives notice [F6to the appropriate authority] in accordance with this article.

(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in [F7a relevant territory], where [F8that relevant territory] is the point of entry of the material into the Community, of the following relevant material—

(a)any relevant material specified in Part A of Schedule 5; or

(b)any relevant material specified in Part B of Schedule 5 and which is—

(i)listed in column 1 of Part C of Schedule 4;

(ii)listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to that relevant material; or

(iii)listed in the first column of Annex IV Part B of the Directive and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material.

(3) A notice under paragraph (1) shall—

(a)be in accordance with the requirements of Schedule 12;

(b)subject to paragraph (5), be given in time to arrive at the office of [F9the appropriate authority] —

(i)in the case of any relevant material brought by air; at least four working hours, and

(ii)in any other case; at least three working days,

before the relevant material is landed.

(4) The address to which a notice shall be given under paragraph (1) shall be such address as [F10the appropriate authority] shall specify from time to time, which may include an address for electronic communications.

(5) Where a person who is required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that he was unable to comply with the periods specified in paragraph (3)(b)(i) or (ii) because he was unaware that the material had been consigned, he shall give notice as soon as is reasonably practicable.

Textual Amendments

Requirements for certificatesE+W+S

7.—(1) Subject to articles 8 and 29(2) and to paragraphs (6) and (7), the landing in [F11a relevant territory] of any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) is prohibited unless that relevant material is accompanied by a phytosanitary certificate issued in the country in which that material originates or in the country from which it was consigned and, where paragraph (2) applies, by a phytosanitary certificate for re-export.

(2) Where relevant material consigned to [F12a relevant territory] via any third country by way of transit has been split up, combined with other consignments or repackaged, that material shall be accompanied by a phytosanitary certificate for re-export issued in the country of transit.

(3) Where relevant material consigned to [F13a relevant territory] via any third country by way of transit has or may have been exposed to infection or contamination by any tree pest, no longer remains the same material specified in the phytosanitary certificate which accompanies it or has been processed so as to change its nature, the phytosanitary certificate required to accompany it shall be issued in the country of transit.

(4) Where relevant material is listed in the first column of Annex IV Part B of the Directive and the requirement or requirements specified in the second column opposite the reference to that relevant material can only be fulfilled in the country in which the relevant material originates, the phytosanitary certificate required to accompany it shall be issued in that country.

(5) Where a phytosanitary certificate is required by paragraph (2) to be accompanied by a phytosanitary certificate for re-export, it may consist of a copy of the certificate certified as a true copy of the original by an authorised officer but in all other cases shall be the original certificate.

(6) Provided the relevant material is transported in such a way as to prevent the accidental escape of tree pests and does not undergo any change in its customs status, paragraph (1) does not apply to—

(a)relevant material landed in [F14a relevant territory] which, under appropriate customs procedures, is in the course of its consignment between two third countries; or

(b)relevant material landed in [F15a relevant territory] which has been consigned to [F16that relevant territory] from another part of the [F17European Union] via a third country.

(7) Relevant material may be accompanied by an industry certificate instead of a phytosanitary certificate where authorised by Commission Decisions—

(a)93/359/EEC(4);

(b)93/360/EEC(5);

(c)93/365/EEC(6);

(d)93/422/EEC(7);

(e)93/423/EEC(8); or

(f)2004/95/EC(9).

Textual Amendments

Exceptions from certain prohibitions and requirementsE+S

8.—(1) The prohibitions on landing relevant material in article 5(1)(e) and (f), the requirement for advance notification in article 6(1) and the requirements of article 7 for relevant material to be accompanied by a phytosanitary certificate, phytosanitary certificate for re-export or an industry certificate shall not apply to any trees or wood referred to in paragraph (2), not showing any signs of the presence of any tree pest, landed in [F18a relevant territory] in the baggage of a passenger or other traveller and which—

(a)are not intended for use in the course of a trade of business;

(b)are intended for household use; and

(c)have been grown in and consigned to [F19the relevant territory] from the Euro-Mediterranean area.

(2) The trees or wood referred to in paragraph (1) are those which are in one of the following categories, not exceeding the stated quantities—

(a)parts of trees, including dried cones, leaves and branches, for decoration or which together form a single wreath;

(b)one cut coniferous tree less than 3 metres in height;

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(c)tree seedlings, other than seedlings of Castanea Mill., Fraxinus L. or Platanus L. or seedlings in bonsai form, not exceeding 5 in number; or

(d)pieces of wood, other than wood of Platanus L., which are bark-free, not exceeding 1 metre in length and not exceeding 5 in number]

Extent Information

E1This version of this provision extends to England and Scotland only; a separate version has been created for Wales only

Textual Amendments

F21Art. 8(2)(c)(d) substituted for art. 8(2)(d)(e) (E.S.) (11.11.2013) by The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013 (S.I. 2013/2691), arts. 1(b), 4(b)

Exceptions from certain prohibitions and requirementsW

8.—(1) The prohibitions on landing relevant material in article 5(1)(e) and (f), the requirement for advance notification in article 6(1) and the requirements of article 7 for relevant material to be accompanied by a phytosanitary certificate, phytosanitary certificate for re-export or an industry certificate shall not apply to any trees or wood referred to in paragraph (2), not showing any signs of the presence of any tree pest, landed in [F18a relevant territory] in the baggage of a passenger or other traveller and which—

(a)are not intended for use in the course of a trade of business;

(b)are intended for household use; and

(c)have been grown in and consigned to [F19the relevant territory] from the Euro-Mediterranean area.

(2) The trees or wood referred to in paragraph (1) are those which are in one of the following categories, not exceeding the stated quantities—

(a)parts of trees, including dried cones, leaves and branches, for decoration or which together form a single wreath;

(b)one cut coniferous tree less than 3 metres in height;

(c)seeds of Castanea (chestnuts), intended for human consumption, not exceeding 2 kilogrammes in weight;

(d)tree seedlings, other than seedlings of Fraxinus L. and seedlings in bonsai form, not exceeding 5 in number; or

(e)pieces of wood, which are bark-free, not exceeding 1 metre in length and not exceeding 5 in number.

Extent Information

E2This version of this provision extends to Wales only; a separate version has been created for England and Scotland only

Textual Amendments

Presentation and display of documentsE+W+S

9.—(1) Except in the case of consignments referred to in paragraph (3), any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required under article 7 to accompany relevant material shall be delivered by the importer of that relevant material, within three days of its landing, to an inspector.

(2) Subject to article 29(4), importers shall include in a customs document relating to each consignment of relevant material referred to in sub-paragraph (a) or (b) of article 6(2)—

(a)a statement that “this consignment contains produce of phytosanitary relevance”;

(b)the reference number of any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by article 7 to accompany the relevant material; and

(c)the registration number of the importer of the relevant material.

(3) In the case of a consignment imported into [F22a relevant territory] by post, any phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required by article 7 to accompany that material shall be affixed to the outside of the package comprising the relevant material or, if the consignment of relevant material consists of more than one package, be affixed to the outside of one of the packages and copies of the certificate shall be affixed to the outside of each of the remaining packages.

Textual Amendments

Prohibition on removal of relevant material from an area of plant health controlE+W+S

10.—(1) Subject to articles 11 and 29(3), no person shall remove or cause to be removed from an area of plant health control any relevant material referred to in sub-paragraph (a) or (b) of article 6(2) unless an inspector has discharged that relevant material or the removal of that relevant material is permitted under Part 6.

(2) An area of plant health control is—

(a)the point of entry specified in paragraph (3) where relevant material is landed in [F23a relevant territory] for the first time;

(b)a place close to the point of entry specified in paragraph (3) which has been designated as an area of plant health [F24control by the appropriate authority] and by the Commissioners for Her Majesty’s Revenue and Customs; or

(c)an approved place of inspection.

(3) The point of entry, for the purposes of paragraph (2), shall be—

(a)where the relevant material is transported by air, the airport;

(b)where the relevant material is transported by maritime or fluvial transport, the port; and

(c)where the relevant material is transported by rail, the rail freight terminal.

(4) Pending its removal from an area of plant health control, other than at an approved place of inspection, the importer of relevant material shall store it under the supervision of an inspector under such conditions as the inspector may direct and the importer shall be liable for the costs of such storage.

Textual Amendments

Exceptions from prohibition on removal of relevant material from area of plant health controlE+W+S

11.  The prohibition imposed by article 10(1) on the removal of relevant material from an area of plant health control unless it has been discharged by an inspector shall not apply to—

(a)any relevant material which is in the course of its consignment between two third countries under appropriate customs procedures and without any change in its customs status and which is transported in such a way as to prevent the accidental escape of tree pests;

(b)any trees or wood excepted by article 8 from the requirements in article 7; or

(c)any relevant material which is consigned to [F25a relevant territory] from another part of the [F26European Union] via a third country without any change in its customs status and which is transported in such a way as to prevent the accidental escape of tree pests.

Textual Amendments

Plant health dischargeE+W+S

12.—(1) An inspector may discharge relevant material pursuant to article 10(1) if he is satisfied as to the matters referred to in paragraph (2).

(2) Subject to paragraphs (5) and (6), an inspector shall satisfy himself—

(a)that the relevant material is free from any tree pest of a description specified in Schedule 1;

(b)if listed in column 2 of Schedule 2, that the relevant material is not carrying or infected with a tree pest of a description specified in column 3 of that Schedule opposite the reference to the relevant material;

(c)if listed in the second column of Annex II Part B of the Directive and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to the relevant material, that the relevant material is not carrying or infected with a tree pest of a description specified in the first column opposite the reference to the relevant material;

(d)if listed in column 2 of Part A or C of Schedule 4, that the relevant material complies with the requirements specified in column 3 of Part A or C, respectively, opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;

(e)if listed in the first column in Annex IV, Part B of the Directive and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material, that the relevant material complies with the requirements specified in the second column opposite the reference to the relevant material and, where there is one or more alternative requirement, the requirement declared in the phytosanitary certificate or phytosanitary certificate for re-export;

(f)that the relevant material corresponds with the description given to it in the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate; and

(g)that the relevant material is accompanied by the certificate or certificates required by article 7 and, where applicable, by a plant health movement document.

(3) For the purpose of satisfying himself as to any of the matters in paragraph (2)(a) to (e), an inspector may carry out an examination of a consignment or lot of relevant material and its packaging, including any wood packaging material and, where necessary, the vehicle transporting that consignment or lot—

(a)in its entirety; or

(b)on the basis of one or more representative samples from the consignment or from each lot forming part of the consignment.

(4) For the purpose of satisfying himself as to the matters in paragraph (2)(f), an inspector may carry out an identity check.

(5) Where the official body of destination of any relevant material landed in [F27a relevant territory] for the purpose of transit has agreed with [F28the appropriate authority] that it will be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), an inspector shall only satisfy himself as to the matters referred to in paragraph (2)(g) and any matters referred to in paragraph (2)(a) to (f) not subject to the agreement.

(6) Where the official body of point of entry of any relevant material that has been consigned to [F29a relevant territory] via another part of the [F30European Union] by way of transit has agreed with [F31the appropriate authority], as the official body of destination, that [F31the appropriate authority] shall be responsible for some or all of the matters referred to in paragraph (2)(a) to (f), the matters as to which an inspector shall satisfy himself shall be limited accordingly.

(7) Where an inspector is satisfied as to the matters referred to in paragraph (2)(g) he shall—

(a)stamp the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate with the official stamp of [F32the appropriate authority] and the date the certificate was delivered in accordance with article 9(1); and

(b)where applicable, complete the relevant headings of the plant health movement document.

(8) An inspector may, for the purpose of performing a plant health check, require the occupier or other person in charge of the premises in which the checks is to take place to provide—

(a)where appropriate, suitable areas of inspection; and

(b)adequate lighting.

Textual Amendments

Request to an officer for Revenue and Customs for material to be detainedE+W+S

13.—(1) Where he has reasonable grounds for suspecting that there is a risk of spread of any tree pest from any relevant material, an inspector may request an officer for Revenue and Customs to exercise the power in article 14(1) for the purpose of enabling the inspector to enforce any provision of this Order.

(2) A request under this article—

(a)may identify the relevant material in any way; and

(b)shall be made—

(i)in writing; or

(ii)orally and confirmed in writing.

(3) Where an inspector issues a notice or takes any other action under this Order in respect of relevant material detained by an officer for Revenue and Customs under article 14(1) he shall advise that officer in writing of that notice or action.

Power of an officer for Revenue and CustomsE+W+S

14.—(1) An officer for Revenue and Customs may, where requested by an inspector in accordance with article 13(1), detain for not more than two working days any relevant material or any container, package or cargo of any kind which has been or may have been in contact with that material and which is referred to in that request insofar as the material, container, package or cargo is under customs supervision pursuant to Article 37 of the Customs Code and has not been assigned a customs approved treatment or use within the meaning of Article 4(15) of that Code.

(2) The Commissioners for Her Majesty’s Revenue and Customs may direct that any relevant material detained under paragraph (1) shall be dealt with during the period of its detention in such manner as they may specify.

(3) The importer of any relevant material detained under paragraph (1) shall be responsible for the costs of storage which arise during the period of its detention.

General provisions relating to certificatesE+W+S

15.—(1) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed by an authorised officer in accordance with the relevant requirements of this article and—

(a)until 31st December 2009, shall—

(i)where it is issued by a contracting party to the IPPC, be in the form set out in Part A or B, respectively, of either Schedule 10 or Schedule 11; and

(ii)in any other case, be in the form set out in Part A or B, respectively, of Schedule 10; and

(b)on and after 1st January 2010, shall be in the form set out in Part A or B, respectively, of Schedule 11.

(2) An industry certificate shall be completed in accordance with the requirements of the Decision referred to in article 7(7) under which that certificate is authorised.

(3) A phytosanitary certificate or phytosanitary certificate for re-export shall—

(a)be issued by the responsible official body or the national plant protection organisation of the country of export or re-export in accordance with the provisions of Article V(1) of the IPPC;

(b)be issued in one of the official languages of the European Community;

(c)where it is issued in a language other than English, incorporate or be accompanied by a translation into the English language which, if the translation is a document separate from the certificate, shall be completed and signed by an authorised officer;

(d)be addressed to the “Plant Protection Organisations of the Member States of the European Community”; and

(e)be completed in typescript or block capitals.

(4) A phytosanitary certificate or phytosanitary certificate for re-export issued in respect of any relevant material of a description specified in column 2 of Part A or C of Schedule 4 in which one or more alternative requirement is specified in column 3 of Part A or C, respectively, opposite the reference to that relevant material, shall specify under the heading “Additional declaration” the requirement that has been complied with by reference to the relevant position in Annex IV Part A Section I or Part B, respectively, of the Directive.

(5) A phytosanitary certificate or a phytosanitary certificate for re-export shall be based on an inspection carried out not more than 14 days before the date of dispatch of the relevant material to which the certificate relates.

(6) A phytosanitary certificate or phytosanitary certificate for re-export shall be completed not more than 14 days before the date of the dispatch of the consignment of relevant material which it is to accompany.

Requirements to be met by relevant material prior to inspection at its place or country of destinationE+W+S

16.—(1) This article applies to the relevant material referred to in sub-paragraph (a) or (b) of article 6(2) which—

(a)is the subject of an agreement described in article 12(5) or (6); or

(b)whether or not it is subject to an agreement referred to in sub-paragraph (a), is destined for an approved place of inspection,

before it has been discharged by an inspector pursuant to article 10(1).

(2) Relevant material to which this article applies shall not be moved within [F33a relevant territory] or, where applicable, from [F34that relevant territory] to any other place within the [F35European Union], unless—

(a)it is accompanied by a plant health movement document; and

(b)save where [F36the appropriate authority] have authorised otherwise, its packaging and the vehicles in which it is transported are sealed in such a way that there is no risk of it causing infestation, infection or contamination or of any change in the identity of the material.

(3) The importer of relevant material to which this article applies, other than relevant material whose destination is elsewhere in the [F35European Union], shall give to [F37the appropriate authority] notice of the following particulars three working days before it is landed—

(a)the name, address and location of the approved place of inspection or other area of plant health control for which the relevant material is destined;

(b)the scheduled date and time of arrival of the relevant material at the place referred to in paragraph (a);

(c)if available, the individual serial number of the plant health movement document;

(d)if available, the date and place at which the plant health movement document was drawn up;

(e)the name, address and registration number of the importer; and

(f)the reference number of the phytosanitary certificate, phytosanitary certificate for re-export or industry certificate required to accompany the relevant material,

and shall notify [F37the appropriate authority] immediately in writing of any changes to such particulars.

(4) The address to which notice shall be given under paragraph (3) shall be such address as [F38the appropriate authority] shall specify from time to time which may include an address for electronic communications.

Textual Amendments

Approved places of inspectionE+W+S

17.—(1) In accordance with the provisions of this article, [F39the appropriate authority] may approve a place of destination[F40, within the relevant territory,] of relevant material referred to in sub-paragraph (a) or (b) of article 6(2) as an approved place of inspection in relation to that material.

(2) An application for a place of destination of relevant material as an approved place of inspection may be made to [F41the appropriate authority] by an importer or other person responsible for that place in such form and containing such information as [F41the appropriate authority] may specify.

(3) An approval may be granted subject to conditions, including conditions relating to the storage of relevant material, and may be withdrawn at any time if [F41the appropriate authority] no longer consider that the place to which the approval relates is suitable for the purposes for which it was given.

(4) For the purposes of this article, [F41the appropriate authority] may only approve a place of destination of relevant material that is the subject of an agreement described in article 12(6) if the agreement so provides.

(5) [F42The appropriate authority may] only approve a place of destination of relevant material as an approved place of inspection where that place is approved by the Commissioners for Her Majesty’s Revenue and Customs for use as a temporary storage facility as referred to in Article 185(1) of Commission Regulation 2454/93/EC(10) laying down provisions for the implementation of the Customs Code.

Textual Amendments

(1)

OJ No. L 302, 19.10.1992, p.1.

(2)

2000 c. 7; the definition of electronic communication in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.

(4)

OJ No. L 148, 19.6.1993, p.41.

(5)

OJ No. L 148, 19.6.1993, p.45.

(6)

OJ No. L 151, 23.6.1993, p.38.

(7)

OJ No. L 195, 4.8.1993, p.51.

(8)

OJ No. L 195, 4.8.1993, p.55.

(9)

OJ No. L 28, 31.1.2004, p.22.

(10)

OJ No. L 253, 11.10.1993, p.1.

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