The Plant Health (Wood and Bark) Order (Northern Ireland) 2006

[F1 Licences for trial or scientific purposes and for work on varietal selections F2 ... N.I.

36.— [F3 (A1) The Department must by licence authorise the importation, movement or keeping of any pest or relevant material for any activity for trial or scientific purposes or for work on varietal selections in Northern Ireland, where the importation, movement or keeping of the pest or relevant material for any such purpose would otherwise be prohibited by this Order, if the Department—

(a) have received an application for a licence containing the information set out in Part A of Schedule 13A; and

(b) are satisfied that the general conditions set out in Part B of Schedule 13A are met in relation to the application.

(B1) A licence granted under paragraph (A1) must be in writing and include—

(a) the conditions specified in Part C of Schedule 13A which are relevant to any pest or relevant material that is the subject of the activities to which the licence relates;

(b) any other conditions as the Department may determine in relation to licence quarantine measures that are appropriate in respect of those activities.]

F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where it is established to their satisfaction that the licensee has not fulfilled any condition [F5 paragraph (B1)(b)] imposed on a licence, the Department shall revoke the licence.

(4) At the conclusion of any activities to which a licence granted under paragraph [F6 (A1)] relates the licensee shall—

(a) subject to paragraph (5), destroy or sterilise any pest or relevant material that was the subject of the activities and any other relevant material which has come into contact with or which may have been contaminated by any such pest or relevant material; and

(b) sterilise, or clean in such other manner as may be specified by the Department, the premises and facilities at which the activities were undertaken.

(5) The Department may authorise the licensee to refrain from destroying any relevant material under paragraph 4(a) if they are satisfied that it has been subjected to appropriate quarantine measures and that it has been found by testing in such manner as may be specified by the Department to be free from the pests listed in this Order [F7 or, as regards Northern Ireland, any regulated pest] and from other pests considered by them to pose a risk.

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this Article—

(a) “appropriate quarantine measures” means such quarantine measures as may be specified by the Department; and

[F9 (aa) “licence quarantine measures”, as regards Northern Ireland, means the measures specified in Part D of Schedule 13A.]

F10 [F11 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Order revoked (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 6 (with regs. 51-53)

F2 Words in art. 36 heading omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 36(A1)(B1) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 36(1)(2) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in art. 36(3) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in art. 36(4) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 36(5) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(f); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 36(6) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(g); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 36(7)(aa) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 36(7)(b) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(38)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in art. 36(7)(b) substituted (1.12.2012) by The Plant Health (Wood and Bark) (Amendment) Order (Northern Ireland) 2012 (revoked) 2012 (S.R. 2012/400), arts. 1(2)(b), 2(6)(b)

Commencement Information

I1 Art. 36 in operation at 31.3.2006, see art. 1