The Plant Health (Forestry) Order 2005

Advance notification of landing

6.—(1) Subject to article 29(3), the landing in Great Britain by any person of relevant material to which paragraph (2) refers, is prohibited unless he gives notice in accordance with this article.

(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Great Britain, where Great Britain 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 the Commissioners—

(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 the Commissioners 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.