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The Plant Health Order (Northern Ireland) 2018

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This is the original version (as it was originally made).

Prevention of the spread of plant pests

This section has no associated Explanatory Memorandum

21.—(1) No person may knowingly keep, store, plant, sell or move or knowingly cause or permit to be kept, stored, planted, sold or moved—

(a)any plant pest of a description specified in Part A or B of Schedule 1;

(b)any relevant material of a description specified in column 2 of Schedule 2 which is carrying or infected with a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of Schedule 2;

(c)any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Northern Ireland and which is likely to be injurious to plants in Northern Ireland;

(d)any relevant material introduced into Northern Ireland in contravention of article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g);

(e)any relevant material of a description specified in column 2 of Part B of Schedule 4 which originates in Northern Ireland, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part B of Schedule 4 are complied with;

(f)any relevant material of a description specified in column 2 of Part C of Schedule 4 which originates in Northern Ireland, unless the requirements specified in the entries in respect of that description of relevant material in column 3 of Part C of Schedule 4 are complied with;

(g)any relevant material introduced into Northern Ireland from England, Scotland or Wales which, if it had been introduced from a third country or another part of the European Union, would have contravened article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g).

(2) The prohibitions in paragraph (1) does not apply to any plant pest or relevant material which is required to be kept, stored or moved in compliance with a requirement imposed by an inspector under Part 6 or 7.

(3) Paragraph (1)(e) and (f) is subject to article 23.

(4) In this article, “move” means move or otherwise dispose of, and “moved” is to be construed accordingly.

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