- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Plant Health (EU Exit) Regulations 2019 (revoked) No. 787
18. Where an area is demarcated under paragraph 5 by an appropriate UK plant health authority, the appropriate UK plant health authority must ensure that regular official checks are carried out on susceptible plants which are being moved out of the demarcated area, or from the infected zone to the buffer zone in the demarcated area.
19. The UK plant health authority must ensure that the checks referred to in paragraph 18 are carried out at—
(a)the points where the susceptible plants are moved from the infected zone into the buffer zone;
(b)the points where the susceptible plants are moved from the buffer zone into an area outside the demarcated area;
(c)their place of destination in the buffer zone; and
(d)their place of destination outside the demarcated zone.
20. The checks must include an examination of the UK plant passport accompanying the plants and an examination to ascertain the identity of the material in the consignment.
21. The intensity of the checks must be based on the risk of the plants carrying the plant pest or its known or potential vectors, taking into account—
(a)the provenance of the lots in the consignment;
(b)the degree of susceptibility of the plants; and
(c)the extent to which each operator in the demarcated area has complied with the restrictions on the movement of susceptible plants under the relevant Plant Health Order and with any other official measure imposed on the operator to eradicate or contain the plant pest.
22. Where any checks carried out pursuant to paragraph 18 show that the plants do not comply with the requirements specified under the relevant Plant Health Order in relation to their movement, the appropriate UK plant health authority must ensure that those plants are destroyed immediately in situ or in a nearby location and that all necessary precautions to avoid the spread of the plant pest and its vectors are taken during and after removal.
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