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The Plant Health Order (Northern Ireland) 2006
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 44:
- Pt. 7A omitted by S.R. 2014/172 art. 3(1)
- Sch. 5 Pt. A para. 2A inserted by S.R. 2015/128 art. 7(1)(c)
- Sch. 5 Pt. A para. 2(e)-(j) substituted for Sch. 5 Pt. A para. 2(e)(f) by S.R. 2015/128 art. 7(1)(b)
- Sch. 5 Pt. A para. 1(c) words substituted by S.R. 2006/435 art. 2(12)
- Sch. 5 Pt. A para. 1(c) words substituted by S.R. 2015/128 art. 7(1)(a)
- Sch. 6 Pt. A para. 10 11 added by S.R. 2016/259 art. 13
- Sch. 6 Pt. A para. 7(ca) inserted by S.R. 2009/179 art. 2(10)
- Sch. 6 Pt. A para. 7(a) inserted by S.R. 2012/392 art. 2(13)
- Sch. 6 Pt. A para. 7(e) substituted by S.R. 2015/128 art. 8(1)(c)(iii)
- Sch. 6 Pt. A para. 7(a) words inserted by S.R. 2015/128 art. 8(1)(c)(i)
- Sch. 6 Pt. A para. 7(a) words omitted by S.R. 2006/435 art. 2(14)
- Sch. 6 Pt. A para. 7(d) words substituted by S.R. 2015/128 art. 8(1)(c)(ii)
- Sch. 6 Pt. B para. 3 3A substituted by S.R. 2015/128 art. 8(2)(b)
- Sch. 7 Pt. A para. 10 11 added by S.R. 2016/259 art. 14
- Sch. 7 Pt. A para. 7 (a) inserted by S.R. 2012/392 art. 2(14)
- Sch. 7 Pt. A para. 7(e) substituted by S.R. 2015/128 art. 9(1)(c)(iii)
- Sch. 7 Pt. A para. 7(a) words inserted by S.R. 2015/128 art. 9(1)(c)(i)
- Sch. 7 Pt. A para. 7(a) words omitted by S.R. 2006/435 art. 2(14)
- Sch. 7 Pt. A para. 7(d) words substituted by S.R. 2015/128 art. 9(1)(c)(ii)
- Sch. 7 Pt. B para. 8 words inserted by S.R. 2015/128 art. 9(2)(c)
- Sch.08 Pt.A para.005(ea) inserted by S.R. 2012/241 art. 3(1)(b)
- Sch. 8 Pt. A para. 5(d) word substituted by S.R. 2015/128 art. 10(1)
- Sch. 14 Part B deleted by S.R. 2012/133 art. 2(3)
- Sch. 14 Part A para. 1 words substituted by S.R. 2012/133 art. 2(2)
- Sch. 16 para. 12(b)-(d) substituted for para. 12(b)© by S.R. 2007/483 art. 2(6)(h)(ii)
- Sch. 17 Pt. A para. 14(aa) inserted by S.R. 2007/483 art. 2(7)(h)
- Sch. 17 Pt. A para. 10(b)(c) substituted by S.R. 2007/483 art. 2(7)(e)(ii)
- Sch. 17 Pt. A para. 15 substituted by S.R. 2007/483 art. 2(7)(i)
- Sch. 17 Pt. A para. 14(a) word omitted by S.R. 2007/483 art. 2(7)(h)
- Sch. 17 Pt. A para. 11(a)(i) words inserted by S.R. 2007/483 art. 2(7)(f)(i)
- Sch. 17 Pt. A para. 2(b) words substituted by S.R. 2007/483 art. 2(7)(a)
- Sch. 17 Pt. A para. 4(b) words substituted by S.R. 2007/483 art. 2(7)(c)
- Sch. 17 Pt. A para. 10(a)(ii)(aa) words substituted by S.R. 2007/483 art. 2(7)(e)(i)
- Sch. 17 Pt. A para. 11(b) words substituted by S.R. 2007/483 art. 2(7)(f)(ii)
- Sch. 17 Pt. A para. 12(a) words substituted by S.R. 2007/483 art. 2(7)(g)
- Sch. 17 Pt. A para. 16 words substituted by S.R. 2007/483 art. 2(7)(j)
- Sch. 17 Pt. B para. 6(a)(iv) and word inserted by S.R. 2007/483 art. 2(8)(d)
- Sch. 17 Pt. B para. 6(a)(ii) word omitted by S.R. 2007/483 art. 2(8)(b)
- Sch. 17 Pt. B para. 6(a)(iii) words inserted by S.R. 2007/483 art. 2(8)(c)
- Sch. 17 Pt. B para. 6(a)(ii) words substituted by S.R. 2007/483 art. 2(8)(a)
- Order revoked by S.R. 2018/184 Sch. 18
- art. 8(2)(b(ii)) words inserted by S.R. 2013/103 art. 2(3)(b)
- art. 12(2)(aa) inserted by S.R. 2006/435 art. 2(4)(a)
- art. 12(2)(cc) inserted by S.R. 2006/435 art. 2(4)(b)
- art. 19(3)(4) inserted by S.R. 2008/442 art. 3(3)
- art. 19(3)-(5) substituted for art. 19(3)(4) by S.R. 2013/7 art. 2(2)
- art. 19(3)(4) substituted for art. 19(3)-(5) by S.R. 2016/259 art. 5
- art. 22(3) added by S.R. 2016/259 art. 6(b)
- art. 24(5) added by S.R. 2006/435 art. 2(6)
- art. 28(4)(5) added by S.R. 2016/259 art. 7(b)
- art. 35(5) inserted by S.R. 2011/352 art. 3
- art. 38A inserted by S.R. 2008/442 art. 3(5)
- art. 38A and words inserted by S.R. 2011/352 art. 4
- art. 38A Pt. 7A art. 38A re-numbered as 38B by S.R. 2011/352 art. 5
- art. 41(4) added by S.R. 2016/259 art. 8(c)
- art. 44(1)(a)(vA) inserted by S.R. 2008/442 art. 3(7)
- art. 44(1)(a)(xiiiA) inserted by S.R. 2008/442 art. 3(8)
- art. 44(1)(a)(xiiiA) omitted by S.R. 2014/172 art. 3(3)
- art. 44(1)(a)(xiiiA) words substituted by S.R. 2011/352 art. 6
- art. 44(1)(a)(xi) words substituted by S.R. 2016/259 art. 9
- art. 44(1)(a)(xv)-(xvii) substituted for art. 44(1)(a)(xv)(xvi) by S.R. 2010/307 art. 5
Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
- Order revoked by S.R. 2018/184 Sch. 18
Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- Pt. 7A omitted by S.R. 2014/172 art. 3(1)
- Sch. 5 Pt. A para. 2A inserted by S.R. 2015/128 art. 7(1)(c)
- Sch. 5 Pt. A para. 2(e)-(j) substituted for Sch. 5 Pt. A para. 2(e)(f) by S.R. 2015/128 art. 7(1)(b)
- Sch. 5 Pt. A para. 1(c) words substituted by S.R. 2006/435 art. 2(12)
- Sch. 5 Pt. A para. 1(c) words substituted by S.R. 2015/128 art. 7(1)(a)
- Sch. 6 Pt. A para. 10 11 added by S.R. 2016/259 art. 13
- Sch. 6 Pt. A para. 7(ca) inserted by S.R. 2009/179 art. 2(10)
- Sch. 6 Pt. A para. 7(a) inserted by S.R. 2012/392 art. 2(13)
- Sch. 6 Pt. A para. 7(e) substituted by S.R. 2015/128 art. 8(1)(c)(iii)
- Sch. 6 Pt. A para. 7(a) words inserted by S.R. 2015/128 art. 8(1)(c)(i)
- Sch. 6 Pt. A para. 7(a) words omitted by S.R. 2006/435 art. 2(14)
- Sch. 6 Pt. A para. 7(d) words substituted by S.R. 2015/128 art. 8(1)(c)(ii)
- Sch. 6 Pt. B para. 3 3A substituted by S.R. 2015/128 art. 8(2)(b)
- Sch. 7 Pt. A para. 10 11 added by S.R. 2016/259 art. 14
- Sch. 7 Pt. A para. 7 (a) inserted by S.R. 2012/392 art. 2(14)
- Sch. 7 Pt. A para. 7(e) substituted by S.R. 2015/128 art. 9(1)(c)(iii)
- Sch. 7 Pt. A para. 7(a) words inserted by S.R. 2015/128 art. 9(1)(c)(i)
- Sch. 7 Pt. A para. 7(a) words omitted by S.R. 2006/435 art. 2(14)
- Sch. 7 Pt. A para. 7(d) words substituted by S.R. 2015/128 art. 9(1)(c)(ii)
- Sch. 7 Pt. B para. 8 words inserted by S.R. 2015/128 art. 9(2)(c)
- Sch.08 Pt.A para.005(ea) inserted by S.R. 2012/241 art. 3(1)(b)
- Sch. 8 Pt. A para. 5(d) word substituted by S.R. 2015/128 art. 10(1)
- Sch. 14 Part B deleted by S.R. 2012/133 art. 2(3)
- Sch. 14 Part A para. 1 words substituted by S.R. 2012/133 art. 2(2)
- Sch. 16 para. 12(b)-(d) substituted for para. 12(b)© by S.R. 2007/483 art. 2(6)(h)(ii)
- Sch. 17 Pt. A para. 14(aa) inserted by S.R. 2007/483 art. 2(7)(h)
- Sch. 17 Pt. A para. 10(b)(c) substituted by S.R. 2007/483 art. 2(7)(e)(ii)
- Sch. 17 Pt. A para. 15 substituted by S.R. 2007/483 art. 2(7)(i)
- Sch. 17 Pt. A para. 14(a) word omitted by S.R. 2007/483 art. 2(7)(h)
- Sch. 17 Pt. A para. 11(a)(i) words inserted by S.R. 2007/483 art. 2(7)(f)(i)
- Sch. 17 Pt. A para. 2(b) words substituted by S.R. 2007/483 art. 2(7)(a)
- Sch. 17 Pt. A para. 4(b) words substituted by S.R. 2007/483 art. 2(7)(c)
- Sch. 17 Pt. A para. 10(a)(ii)(aa) words substituted by S.R. 2007/483 art. 2(7)(e)(i)
- Sch. 17 Pt. A para. 11(b) words substituted by S.R. 2007/483 art. 2(7)(f)(ii)
- Sch. 17 Pt. A para. 12(a) words substituted by S.R. 2007/483 art. 2(7)(g)
- Sch. 17 Pt. A para. 16 words substituted by S.R. 2007/483 art. 2(7)(j)
- Sch. 17 Pt. B para. 6(a)(iv) and word inserted by S.R. 2007/483 art. 2(8)(d)
- Sch. 17 Pt. B para. 6(a)(ii) word omitted by S.R. 2007/483 art. 2(8)(b)
- Sch. 17 Pt. B para. 6(a)(iii) words inserted by S.R. 2007/483 art. 2(8)(c)
- Sch. 17 Pt. B para. 6(a)(ii) words substituted by S.R. 2007/483 art. 2(8)(a)
- art. 8(2)(b(ii)) words inserted by S.R. 2013/103 art. 2(3)(b)
- art. 12(2)(aa) inserted by S.R. 2006/435 art. 2(4)(a)
- art. 12(2)(cc) inserted by S.R. 2006/435 art. 2(4)(b)
- art. 19(3)(4) inserted by S.R. 2008/442 art. 3(3)
- art. 19(3)-(5) substituted for art. 19(3)(4) by S.R. 2013/7 art. 2(2)
- art. 19(3)(4) substituted for art. 19(3)-(5) by S.R. 2016/259 art. 5
- art. 22(3) added by S.R. 2016/259 art. 6(b)
- art. 24(5) added by S.R. 2006/435 art. 2(6)
- art. 28(4)(5) added by S.R. 2016/259 art. 7(b)
- art. 35(5) inserted by S.R. 2011/352 art. 3
- art. 38A inserted by S.R. 2008/442 art. 3(5)
- art. 38A and words inserted by S.R. 2011/352 art. 4
- art. 38A Pt. 7A art. 38A re-numbered as 38B by S.R. 2011/352 art. 5
- art. 41(4) added by S.R. 2016/259 art. 8(c)
- art. 44(1)(a)(vA) inserted by S.R. 2008/442 art. 3(7)
- art. 44(1)(a)(xiiiA) inserted by S.R. 2008/442 art. 3(8)
- art. 44(1)(a)(xiiiA) omitted by S.R. 2014/172 art. 3(3)
- art. 44(1)(a)(xiiiA) words substituted by S.R. 2011/352 art. 6
- art. 44(1)(a)(xv)-(xvii) substituted for art. 44(1)(a)(xv)(xvi) by S.R. 2010/307 art. 5
OffencesN.I.
44.—(1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him—
(a)subject to paragraph (2), he contravenes or fails to comply with—
(i)Article 6(1);
(ii)Article 9;
(iii)Article 10(1) or (4);
(iv)Article 16(2) or (3);
(v)Article 18;
(vi)Article 20(1);
(vii)Article 21
(viii)Article 24(3) or (4);
(ix)Article 26(1);
(x)Article 27(2) or (3);
(xi)Article 28(1);
(xii)Article 36;
(xiii)Article 38(1),(2) and (3);
(xiv)Article 40(4);
(xv)Article 41(1); and
(xvi)Article 42(1);
(b)he contravenes or fails to comply with a provision or condition of a notice served, or deemed to be served, on him or of a licence granted or of any direction given, under this Order; or
(c)he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.
(2) Paragraph (1)(a) shall not apply where an article of any description is landed in Northern Ireland in contravention of a prohibition in this Order(1), other than the prohibition in Article 6(1).
(3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he—
(a)knowingly or recklessly makes a statement which is false in a material particular, or
(b)intentionally fails to disclose any material information.
(4) A person shall be guilty of an offence if he—
(a)dishonestly issues a plant passport; or
(b)dishonestly alters a plant passport, or re-uses a plant passport.
(5) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(6) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Commencement Information
I1Art. 44 in operation at 31.3.2006, see art. 1
(1)
Sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.
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