A competent authority may from time to time make such orders as the authority thinks expedient F2or called for by any F24EU obligationfor preventing the introduction of pests into Great Britain.

Where it appears to the competent authority that the landing in Great Britain of articles of any description (and in particular plants, trees or bushes or any part or produce thereof) is likely to introduce a pest into Great Britain, the orders may prohibit or regulate the landing of those articles, and may direct or authorise their destruction if landed (without prejudice to provisions of F3the Customs and Excise Management Act 1979imposing penalties or liability to forfeiture).

In subsection (2) above references to the landing of any article include references to its importation through the tunnel system as defined in the M1 Channel Tunnel Act 1987.

A competent authority may from time to time make such orders as the authority thinks expedient F5or called for by any F24EU obligationfor preventing the spread of pests in Great Britain F6or the conveyance of pests by articles exported from Great Britain.

The orders may prohibit the selling or exposing or offering for sale, or the keeping, of living specimens of a pest, or the distribution in any manner of such specimens.

An order made by a competent authority under this section may provide that a person guilty of an offence against the order be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale, F10. . . or not exceeding a lesser amount.

An order so made for preventing the spread in Great Britain of the Colorado beetle ( Leptinotarsa decemlineata ) (Say)) may provide that a person guilty of an offence against the order relating to the keeping of living specimens of the beetle (in any stage of existence), or to the distribution in any manner of such specimens, shall be liable on summary conviction to imprisonment for not more than three months, as well as, or as an alternative to, a fine under subsection (4) above.

Proceedings for an offence against an order under this section may, . . . F11be instituted at any time within twelve months from the day on which the alleged offence was committed.

The Minister or Secretary of State may pay compensation in respect of any crop, or any seed, plant or part thereof, which is removed or destroyed by or under the instructions of an inspector authorised by him; and its value shall be taken to be the value which it has at the time of the removal or destruction and, if the Minister or Secretary of State so requires, shall be ascertained by his officers or by arbitration.

The expenses of the Minister and Secretary of State in the execution of this Act, including any compensation under subsection (2) above, shall be paid out of moneys provided by Parliament, but shall not without the consent of the Treasury exceed two thousand pounds in any year.

Every local authority shall keep, F14 . . . a record relative to proceedings in pursuance of any order made under this Act by the competent authority; and the record shall state the date of any removal or destruction in pursuance of the order, and other proper particulars, and shall be admitted in evidence.

The local authorities for the purposes of this Act shall be the councils of non-metropolitan counties, metropolitan districts and London boroughs and the Common Council of the City of London F16but, in relation to Wales, it shall be the councils of counties and county boroughs.

Every local authority shall keep, F17 . . . a record relative to proceedings in pursuance of any order made under this Act by the competent authority; and the record shall state the date of any removal or destruction in pursuance of the order, and other proper particulars, and shall be admitted in evidence.

The local authorities for the purposes of this Act shall be the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994

Orders under this Act shall be made by statutory instrument and shall be laid before Parliament after being made F20or in the case of an order prohibiting or regulating the landing in or exportation from Great Britain of any articles F21or the importation of any articles into Great Britain through the tunnel system as defined in the Channel Tunnel Act M21987, shall be subject to annulment in pursuance of a resolution of either House of Parliament

When an order under this Act has been made, notice of it shall be published, if it relates to England and Wales, in the London Gazette and, if it relates to Scotland, in the Edinburgh Gazette.

If, having made an order under this Act, a competent authority sends the order to a local authority for publication, the local authority shall publish it F22F23. . . , in such manner as the local authority think sufficient and proper to ensure publicity.

Section 118 of the Scotland Act 1998 shall apply in relation to the functions of the Forestry Commissioners to make orders under this Act.

In so far as any order made or other thing done under an enactment repealed by this Act could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeal but, without prejudice to the operation of section 38 of the M3Interpretation Act 1889, it shall have effect, and this Act shall apply in relation to it, as if it had been made or done under that corresponding provision.

Any power under any enactment to amend or repeal an enactment repealed by this Act includes power to amend or repeal the corresponding provision of this Act.

This Act may be cited as the Plant Health Act 1967.

This Act shall not extend to Northern Ireland.