- Latest available (Revised)
- Point in Time (01/04/2019)
- Original (As enacted)
Plant Health Act 1967
You are here:
- UK Public General Acts
- 1967 c. 8
- Section 5
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 5
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1996- Amendment
- 01/04/2019
Point in time
Status:
Point in time view as at 01/04/2019. There are multiple versions of this provision on screen. These apply to different geographical extents.
Status
You are viewing this legislation item as it stood at a particular point in time. At this point in time multiple versions of this provision exist for differing geographical extents. Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents.
Changes to legislation:
Plant Health Act 1967, Section 5 is up to date with all changes known to be in force on or before 31 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
5 Execution of Act by local authorities.E+W
(1)A competent authority may require a local authority to carry into effect any order under this Act, and may, with the consent of the local authority, require a local authority to pay compensation in respect of any crop, or any seed, plant or part thereof, which is removed or destroyed in pursuance of any such order; but—
(a)the local authority may withold compensation in respect of anything removed or destroyed if, in relation thereto, the owner or person having charge thereof has, in their judgement, done anything in contravention of, or failed to do anything in compliance with, any order under this Act; and
(b)the value of anything removed or destroyed shall be taken to be the value which it has at the time of removal or destruction and, if the local authority so require, shall be ascertained by their officers or by arbitration.
(2)Every local authority shall keep, F1 . . . 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.
[F2(3)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 [F3but, in relation to Wales, it shall be the councils of counties and county boroughs].]
Extent Information
E1This version extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words repealed (E.W.) by Local Government Act 1974 (c. 7, SIF 81:1), s. 35, Sch. 6 para. 19, Sch. 8
F2S. 5(3) substituted by Local Government Act 1972 (c. 70, SIF 81:1), s. 251(2), Sch. 29 para. 34
F3Words in s. 5(3) added (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 28 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
5 Execution of Act by local authorities.S
(1)A competent authority may require a local authority to carry into effect any order under this Act, and may, with the consent of the local authority, require a local authority to pay compensation in respect of any crop, or any seed, plant or part thereof, which is removed or destroyed in pursuance of any such order; but—
(a)the local authority may withold compensation in respect of anything removed or destroyed if, in relation thereto, the owner or person having charge thereof has, in their judgement, done anything in contravention of, or failed to do anything in compliance with, any order under this Act; and
(b)the value of anything removed or destroyed shall be taken to be the value which it has at the time of removal or destruction and, if the local authority so require, shall be ascertained by their officers or by arbitration.
(2)Every local authority shall keep, F4 . . . 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.
[F5(3)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]
Extent Information
E2This version extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F4Words repealed (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), ss. 144(3), 237(1), Sch. 29
F5S. 5(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 68; S.I. 1996/323, art. 4(1)(c)
Options/Help
Print Options
PrintThe Whole Act
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.