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PART 4E+W+SREGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

[F1Registers of forestry tradersE+W+S

24.—(1) The Commissioners shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who—

(a)engages in any activity to which this Order applies at any premises in England or Scotland; and

(b)meets the requirements of this Part.

(2) The Welsh Ministers shall maintain a register listing the particulars set out in paragraph (3) with respect to each forestry trader who—

(a)engages in any activity to which this Order applies at any premises in Wales; and

(b)meets the requirements of this Part.

(3) The particulars are—

(a)the name of the forestry trader;

(b)the name of the person responsible for making the application where that person is not the forestry trader;

(c)the trading name of the forestry trader where that name is different from that of the forestry trader;

(d)details of those activities to which this Order applies which the forestry trader undertakes or intends to undertake;

(e)the address of the premises at which the forestry trader undertakes or intends to undertake the activities referred to in sub-paragraph (d); and

(f)a registration number unique to the forestry trader.

(4) The registers shall be open to inspection by the European Commission.]

Textual Amendments

Obligation to registerE+W+S

25.—(1) Subject to paragraph (2), no forestry trader shall engage in any activity to which this Order applies unless he is registered in respect of the activity and the premises at which it takes place.

(2) The requirement in paragraph (1) for a forestry trader to be registered shall not apply to a producer whose entire production and sale of relevant material is intended for final use by persons who are not involved in tree production in the course of a trade or business.

(3) Entries on the register kept under article 15 of the Plant Health (Forestry) (Great Britain) Order 1993(1) on the day before the date of the coming into force of this Order shall, subject to the provisions of this Part, remain in effect for the purposes of this Order as if entered on the [F2registers].

Textual Amendments

Registration requirementsE+W+S

26.—(1) An application for registration shall be made in writing to [F3the appropriate authority] and shall be in such form and contain such information as [F3the appropriate authority] may from time to time reasonably require to enable them to register the [F4forestry] trader in respect of the activity and premises in relation to which the application is made.

(2) If, after a forestry trader has applied to [F5the appropriate authority] to be registered under paragraph (1) but before registration has taken place, there is any change in his circumstances recorded in the application, he shall notify [F5the appropriate authority] immediately in writing of any such change.

(3) Every registered forestry trader shall notify [F6the appropriate authority] immediately in writing of any change in the particulars listed in the [F7registers] with respect to him.

(4) Subject to paragraph (5), [F8the appropriate authority] shall register a forestry trader who meets the requirements of this article in respect of the activity and premises in relation to which he has applied to be registered and shall notify the [F9forestry] trader when registration has taken place.

(5) [F10The appropriate authority] shall only register a forestry trader in respect of an activity or premises if they are satisfied that he is able and willing to comply with the conditions specified in article 27(1).

Textual Amendments

Conditions for maintaining registration as a forestry traderE+W+S

27.—(1) A registered forestry trader shall in relation to the activities and premises to which his registration relates comply with the following conditions:

(a)he shall keep an accurate plan of the premises;

(b)he shall keep a record of relevant material purchased by him or brought onto the premises for storage, planting or production on those premises, and of relevant material under production on or dispatched from those premises;

[F11(c)he shall keep—

(i)all documents relating to the records kept under subparagraph (b) for one year from the date he created or received them; and

(ii)if he is the final user of relevant material, any plant passport which accompanies the relevant material in accordance with article 20 for one year from the date he received it;]

(d)he shall designate an individual (whether himself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who shall be available to liaise with [F12the appropriate authority] in relation to matters arising under this Order;

(e)he shall examine his premises and relevant material at such times and in a manner specified in guidelines issued from time to time by [F12the appropriate authority];

(f)he shall make a declaration at such time and in such form as [F12the appropriate authority] may from time to time require that he is able and willing to comply with the conditions specified in sub-paragraphs (a) to (e); and

(g)he shall comply with any other conditions which may be specified by [F12the appropriate authority] which they consider necessary to enable them to assess the presence of or spread of any tree pest on the premises by reason of the condition of those premises.

(2) Where [F12the appropriate authority] are satisfied that a registered forestry trader has failed to comply with any of the conditions specified in paragraph (1) they may suspend his registration until they are satisfied that he is able and willing to comply with those conditions.

Textual Amendments

Authority to issue plant passportsE+W+S

28.—(1) Where a registered forestry trader wishes to issue plant passports in relation to any relevant material to be moved from his premises he shall apply to [F13the appropriate authority] for the authority to do so.

(2) An application under paragraph (1) shall be in writing, shall give such notice as [F13the appropriate authority] may reasonably specify to allow them to undertake any necessary examination of the premises to which the application relates and of any relevant material there and shall contain such particulars in relation to the relevant material produced, grown, stored or otherwise present on those premises as [F13the appropriate authority] may from time to time reasonably require.

(3) [F13The appropriate authority] shall grant an authority under paragraph (1) only if, having regard to any examination of the premises to which the application relates and of any relevant material there, they are satisfied—

(a)that the premises and relevant material are free from any relevant organisms; and

(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(4) [F14The appropriate authority's] authority to issue plant passports shall be given in writing and may be granted subject to such conditions as they consider appropriate to ensure that the relevant requirements of this Order are complied with, including a condition limiting any territories in which such plant passports shall be valid.

(5) [F15The appropriate authority] may suspend the operation of an authority to issue plant passports entirely or in relation to specified premises or relevant material if, having regard to any examination of any premises of the registered forestry trader and any relevant material there, they are not satisfied that—

(a)the premises or the relevant material are free from any relevant organisms; or

(b)where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(6) [F16The appropriate authority] may suspend the operation of or vary to the extent they consider necessary an authority to issue plant passports if they are satisfied that the registered forestry trader has—

(a)failed to comply with any of the conditions specified in article 27(1);

(b)failed to notify them in accordance with article 26(3) of any change in the particulars listed in the [F17registers] with respect to him;

(c)failed to comply with a requirement in a notice served on the trader under article 31; or

(d)failed to comply with any conditions in the authority issued by them under paragraph (4).

(7) For the purposes of this article “relevant organism” means—

(a)any tree pest specified in Schedule 1; or

(b)in relation to relevant material of a description specified in Schedule 2, any tree pest of a description specified in that Schedule opposite the reference to that relevant material.

Textual Amendments

(1)

S.I. 1993/1283, amended by S.I. 1994/3094, 1995/1989, 1996/751, 1998/2206 and 3109, 2001/2995 and 2002/295 and 927.