The Watermark Disease (Local Authorities) (Amendment) Order 1992

Statutory Instruments

1992 No. 44

PLANT HEALTH

The Watermark Disease (Local Authorities) (Amendment) Order 1992

Made

10th January 1992

Laid before Parliament

17th January 1992

Coming into force

10th February 1992

The Forestry Commissioners, in exercise of the powers conferred on them by sections 3(1), (2) and (4) and 5(1) of the Plant Health Act 1967(1), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2), and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Watermark Disease (Local Authorities) (Amendment) Order 1992 and shall come into force on 10th February 1992.

Amendment of the Watermark Disease (Local Authorities) Order 1974

2.  The Watermark Disease (Local Authorities) Order 1974(3) shall be further amended by substituting–

(a) in article 8 thereof for the words “shall be liable on conviction to a fine not exceeding £1000” the words “shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale”;

(b) for Schedule 1 thereto (local authorities to which the Order applies) the following Schedule—

Article 3

“SCHEDULE 1

LOCAL AUTHORITIES TO WHICH THIS ORDER APPLIES

County Councils:

• Bedfordshire

• Essex

• Hertfordshire

• Norfolk

• Suffolk

• Wiltshire”.

Revocation

3.  The Watermark Disease (Local Authorities) (Amendment) Order 1986(4) is hereby revoked.

In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 10th January 1992.

P.J. Clarke

Secretary to the Forestry Commissioners

Explanatory Note

(This note is not part of the Order)

This Order further amends the Watermark Disease (Local Authorities) Order 1974 which confers powers on the local authorities listed in Schedule 1 to that Order to take steps to prevent the spread of the disease of willows known as watermark disease. This Order adds to that list of local authorities the County Council of Wiltshire.

This Order also increases the maximum fine for offences under the principal Order to level 5 on the standard scale (currently£2000).

(1)

1967 c. 8; section 3(1) and (2) was amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and is to be read with S.I. 1984/447. Section 1(2) specifies the competent authorities for the purposes of the Act.

(2)

1972 c. 62.

(3)

S.I. 1974/768, amended by S.I. 1984/688 and 1986/1342.

(4)

S.I. 1986/1342.