The Plant Health (Wales) (Amendment) (No. 2) Order 2019 (revoked)

Welsh Statutory Instruments

2019 No. 1167 (W. 204)

Plant Health, Wales

The Plant Health (Wales) (Amendment) (No. 2) Order 2019

Made

24 July 2019

Laid before the National Assembly for Wales

25 July 2019

Coming into force in accordance with article 1

The Welsh Ministers make this Order in exercise of the powers conferred on them by sections 2 and 3(1) of the Plant Health Act 1967 M1 .

Marginal Citations

M1 1967 c. 8; section 2 was amended by paragraph 8(2)(a) of Schedule 4 to the European Communities Act 1972 (c. 68), Part 1 of the table in paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 (c. 2), S.I. 1990/2371 and S.I. 2011/1043. Section 3(1) was amended by paragraph 8(2)(a) and (b) of Schedule 4 to the European Communities Act 1972 and S.I. 2011/1043. The powers conferred by sections 2 and 3(1) are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) was amended by paragraph 43 of Schedule 2 to S.I. 2013/755 (W. 90). Section 1(2), as amended, provides that the competent authority for Wales is the Welsh Ministers.

Title and commencement E+W

1.  The title of this Order is the Plant Health (Wales) (Amendment) (No. 2) Order 2019 and it comes into force on the day after the day on which it is laid.

Commencement Information

I1 Art. 1 in force at 26.7.2019, see art. 1

Amendment of the Plant Health (Wales) Order 2018 E+W

2.—(1) The Plant Health (Wales) Order 2018 M2 is amended as follows.

(2) In article 21, omit paragraph (7).

(3) In the table in Part C of Schedule 4, after item 10 insert—

“11.

Plants, other than fruit or seeds, of Quercus L., other than Quercus suber, intended for planting, whose girth at 1.2 m above the root collar is 8 cm or more.

The plants must be accompanied by an official statement that they have been grown throughout their life: (a) in places of production in countries in which Thaumetopoea processionea L. is not known to occur; (b) in a protected zone which is recognised as a protected zone for Thaumetopoea processionea L. or in an area free from Thaumetopoea processionea L., established by the national plant protection organisation in accordance with IPSM No. 4; or (c) in a site with complete physical protection against the introduction of Thaumetopoea processionea L. and have been inspected at appropriate times and found to be free from Thaumetopoea processionea L.”

Commencement Information

I2 Art. 2 in force at 26.7.2019, see art. 1

Marginal Citations

M2 S.I. 2018/1064 (W. 223), to which there are amendments not relevant to this instrument.

Mark Drakeford

First Minister of Wales, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Order)

This Order amends the Plant Health (Wales) Order 2018 to introduce emergency measures to prevent the introduction into and spread of Thaumetopoea processionea L. (the Oak Processionary Moth) within Wales.

It amends the technical requirements that must be satisfied when bringing certain plants of Quercus L., into or when moving those plants within Wales.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.