- Latest available (Revised)
- Original (As made)
The Plant Health (England) Order 2005
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Plant Health (England) Order 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order revoked by S.I. 2015/610 art. 49(1)
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Pt. 7A inserted by S.I. 2008/2411 art. 2(5)
- Pt. 7A omitted by S.I. 2014/979 art. 4(1)
- Sch. 1 Pt. C inserted by S.I. 2014/2385 art. 14(3)
- Sch. 5 Pt. A para. 2A inserted by S.I. 2013/2687 art. 11
- Sch. 5 Pt. A para. 2A substituted by S.I. 2014/2385 art. 17(1)(c)
- Sch. 5 Pt. A para. 2(e)-(j) substituted for 2(e)-(f) by S.I. 2014/2385 art. 17(1)(b)
- Sch. 6 Pt. A para. 7(ca) inserted by S.I. 2009/587 art. 2(10)
- Sch. 6 Pt. A para. 3B inserted by S.I. 2013/1477 art. 11(a)
- Sch. 6 Pt. A para. 10 11 inserted by S.I. 2013/1477 art. 11(c)
- Sch. 6 Pt. B para. A1-A3 inserted by S.I. 2014/2385 art. 18(2)
- Sch. 6 Pt. A para. 8 substituted by S.I. 2013/1477 art. 11(b)
- Sch. 6 Pt. A para. 8 word substituted by S.I. 2014/2385 art. 18(1)(c)
- Sch. 7 Pt. A para. 3B inserted by S.I. 2013/1477 art. 12(a)
- Sch. 7 Pt. A para. 10 11 inserted by S.I. 2013/1477 art. 12(c)
- Sch. 8 Pt. A para. 5(ea) inserted by S.I. 2012/697 reg. 4(2)(b)
- Sch. 16 para. 10(b)(c) substituted by S.I. 2007/1893 art. 2(6)(g)
- Sch. 16 para. 12(b)-(d) substituted for Sch. 16 para. (b)(c) by S.I. 2007/1893 art. 2(6)(i)(ii)
- Sch. 17 Pt. A para. 14(aa) inserted by S.I. 2007/1893 art. 2(7)(i)
- Sch. 17 Pt. B para. 6(a)(iv) inserted by S.I. 2007/1893 art. 2(8)(d)
- Sch. 17 Pt. A para. 10(b)(c) substituted by S.I. 2007/1893 art. 2(7)(f)(ii)
- Sch. 17 Pt. A para. 10(a)(ii)(aa) words substituted by S.I. 2007/1893 art. 2(7)(f)(i)
- art. 5(1A) inserted by S.I. 2014/2385 art. 4(b)
- art. 12(2)(aa) inserted by S.I. 2006/2307 art. 2(4)(a)
- art. 12(2)(aa) substituted by S.I. 2013/1477 art. 5(a)
- art. 12(2)(cc) inserted by S.I. 2006/2307 art. 2(4)(b)
- art. 12(2)(cc) substituted by S.I. 2013/1477 art. 5(c)
- art. 12(2)(cc) word substituted by S.I. 2014/2385 art. 6(b)
- art. 19(1A) inserted by S.I. 2014/2385 art. 7(b)
- art. 19(3) inserted by S.I. 2008/2411 art. 2(3)
- art. 19(3)-(5) substituted for art. 19(3) by S.I. 2012/3033 art. 2(2)
- art. 19(5) substituted by S.I. 2013/23 art. 2(2)
- art. 19(6)-(8) inserted by S.I. 2013/23 art. 2(3)
- art. 19(6) substituted by S.I. 2014/979 art. 3(1)
- art. 19(6)(a) words inserted by S.I. 2013/2687 art. 5(a)
- art. 19(6)(b) words inserted by S.I. 2013/2687 art. 5(b)
- art. 19(8) substituted by S.I. 2014/979 art. 3(2)
- art. 20(1)(a)(aa) substituted for art. 20(1)(a) by S.I. 2014/2385 art. 8
- art. 21(8)(9) inserted by S.I. 2013/2687 art. 6
- art. 21(8) substituted for art. 21(8)(9) by S.I. 2014/2385 art. 9
- art. 22(1)(1A) substituted for art. 22(1) by S.I. 2013/2687 art. 7
- art. 22(3)(4) inserted by S.I. 2013/1477 art. 6
- art. 22(4) substituted by S.I. 2014/2385 art. 10(b)
- art. 24(5) added by S.I. 2006/2307 art. 2(6)
- art. 24(5) words inserted by S.I. 2013/2687 art. 8
- art. 42(1A) inserted by S.I. 2006/2307 art. 2(8)(b)
- art. 42(2)(bb) inserted by S.I. 2014/2385 art. 13
- art. 43(1A) inserted by S.I. 2006/2307 art. 2(9)(b)
- art. 44A inserted by S.I. 2012/697 reg. 3(1)
- art. 45(1)(a)(viA) inserted by S.I. 2006/2307 art. 2(10)(a)
- art. 45(1)(a)(xiB) inserted by S.I. 2008/2411 art. 2(7)
- art. 45(1)(a)(xiva) inserted by S.I. 2012/697 reg. 3(2)(a)(ii)
- art. 45(1)(a)(xiA) words inserted by S.I. 2006/2307 art. 2(10)(b)
- art. 45(1)(a)(xiii)-(xv) substituted for art. 45(1)(a)(xiii)(xiv) by S.I. 2010/1510 art. 6
- art. 45(4A) inserted by S.I. 2012/697 reg. 3(2)(b)
PART 10E+WOFFENCES
OffencesE+W
45.—(1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him—
(a)subject to paragraph (2), he contravenes or fails to comply with—
(i)article 6(1);
(ii)article 9;
(iii)article 10(1) or (4);
(iv)article 16(2) or (3);
(v)article 18;
(vi)article 20(1);
(vii)article 24(3) or (4);
(viii)article 26(1);
(ix)article 27(2) or (3);
(x)article 28(1);
(xi)article 36;
(xii)article 41(4);
(xiii)article 42(1); and
(xiv)article 43(1);
(b)he contravenes or fails to comply with a provision or condition of a notice served, or deemed to be served, on him or of a licence granted or of any direction given, under this Order; or
(c)he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers given by or under this Order.
(2) Paragraph 1(a) shall not apply where an article of any description is landed in England in contravention of a prohibition in this Order(1), other than the prohibition in article 6(1).
(3) A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a phytosanitary certificate for re-export or a licence under this Order, he—
(a)knowingly or recklessly makes a statement which is false in a material particular, or
(b)intentionally fails to disclose any material information.
(4) A person shall be guilty of an offence if he—
(a)dishonestly issues a plant passport; or
(b)dishonestly alters a plant passport, or re-uses a plant passport.
(5) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)any director, manager or secretary or other similar officer of the body corporate; or
(b)any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(6) For the purposes of paragraph (5), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(7) Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(8) Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Commencement Information
I1Art. 45 in force at 3.10.2005, see art. 1(1)
PenaltiesE+W
46. A person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Commencement Information
I2Art. 46 in force at 3.10.2005, see art. 1(1)
(1)
Sections 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Part 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.
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
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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 made 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.