The Plant Health (England) Order 2015

Exceptions from certain prohibitions and requirements E+W

22.—(1) The following provisions do not apply to small quantities of relevant material, other than excluded material, if the relevant material meets the conditions in paragraph (2)—

[F1 (a) article 19(1)(e), (f) and (g) and (6);

(aa) article 19A(1);]

(b) article 20(1)(e) and (f); and

(c) article 21(1), (2), (5) and (6).

(2) The conditions are that the relevant material—

(a) does not show any signs of the presence of a plant pest;

(b) is not intended for use in the course of a trade or business; and

(c) is intended for household use.

[F2 (3) The requirements in article 21(1) do not apply to plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water, which originate in an area established in accordance with Article 5 of Decision 2012/697/EU and which are only being moved within that area.]

[F3 (3A) The requirements in article 21(1) and (5) which would apply by virtue of paragraph 17 of Part A of Schedules 6 and 7 to Xylella host plants within the meaning of Article 1(b) of Decision (EU) 2015/789 do not apply where the plants are being moved by a person acting for purposes outside the person’s trade, business or profession and the person is acquiring them for personal use.]

(4) The Secretary of State may exempt from the prohibition on movement in article 21(1) or (2) the movement of relevant material which originates in Great Britain if the Secretary of State is satisfied that—

(a) the movement is made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production; and

(b) there is no risk of plant pests spreading or being spread as a result of that movement.

[F4 (5) In paragraph (1), “excluded material” means any of the following material—

(a) plants of Castanea Mill. intended for planting;

(b) plants of Fraxinus L. intended for planting;

(c) plants, other than seeds, of Platanus L. intended for planting.]

Textual Amendments

F1 Art. 22(1)(a)(aa) substituted for art. 22(1)(a) (24.2.2016) by The Plant Health (England) (Amendment) Order 2016 (S.I. 2016/104), arts. 1, 6(a)

F2 Art. 22(3) substituted (20.11.2015) by The Plant Health (England) (Amendment) Order 2015 (S.I. 2015/1827), arts. 1, 4(a)

F3 Art. 22(3A) inserted (24.2.2016) by The Plant Health (England) (Amendment) Order 2016 (S.I. 2016/104), arts. 1, 6(b)

F4 Art. 22(5) substituted (20.11.2015) by The Plant Health (England) (Amendment) Order 2015 (S.I. 2015/1827), arts. 1, 4(b)