The Plant Health (Amendment No. 2) Order (Northern Ireland) 2000

Amendment of the Plant Health Order (Northern Ireland) 1993

4.  In Part II, after Article 23 (Actions which may be taken by an inspector) insert the following Article—

“Demarcation of zones for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

23A.— (1) Upon the confirmation of the presence of Ralstonia solanacearum (Smith) Yabuuchi et al. in a sample taken pursuant to article 2 or article 5 of Directive 98/57/EC, an inspector may demarcate a zone as described in article 5(1)(a)(iv) or article 5(1)(c)(iii) of that Directive, to prevent the spread of that organism.

(2) The inspector shall publish notice of the demarcation under paragraph (1) of any zone (“the demarcated zone”) and such notice shall—

(a) subject to sub-paragraph (b), include a declaration that the provisions of Article 42J shall apply in the demarcated zone with effect from the date which is specified in the notice; and

(b) where appropriate, specify those areas of surface water within the zone to which the prohibition on irrigation and spraying in Article 42J shall apply.

(3) The zone shall remain demarcated for the purposes of this Order until such date as may be specified in the notice referred to in paragraph (2) or in any further notice relating to the demarcated zone which an inspector may issue varying the controls in the demarcated zone or its extent or ending it.

(4) An inspector shall publish notice pursuant to sub-paragraphs (2) or (3) by means of—

(a) a notice in the Belfast Gazette; and

(b) one or more newspapers circulating in the locality of the demarcated zone.

(5) For the purposes of the exercise in relation to any person of any power contained in Article 26, 27, 28 or 46, and for the purposes of the application to him of Article 47, a notice published in accordance with paragraph (4) shall be taken to have been served on him.

(6) A declaration of any place as a demarcated zone under paragraph (1) shall not prejudice the requirements of any notice which may be served under Article 22 or Article 23 in relation to any premises within that zone or any other special measures set out in Articles 42A to J for the control of Ralstonia solanacearum (Smith) Yabuuchi et al. on such premises.

(7) Subject to paragraph (8), any premises which are partly inside and partly outside a demarcated zone shall be deemed to be wholly inside that zone for the purposes of this Article.

(8) Paragraph (7) shall not apply in respect of any part of any premises which are situated outside Northern Ireland.”.