The Plant Health (England) Order 2015

Authority to issue plant passports E+W

29.—(1) A registered plant trader who wishes to issue plant passports in relation to relevant material which is to be moved from any premises in England must apply in writing to the Secretary of State for the authority to do so.

(2) The applicant must provide the Secretary of State with any details which the Secretary of State reasonably requires about the relevant material.

(3) The Secretary of State may carry out any examination of the relevant material and the premises from which the material is to be moved which the Secretary of State considers necessary in relation to the application.

(4) The Secretary of State may only grant an authorisation to issue plant passports if, having regard to any examination of the relevant material and premises which are the subject of the application, the Secretary of State is satisfied—

(a) that the premises and the relevant material are free from any relevant plant pests; and

(b) where any requirements are specified under this Order in relation to the relevant material, those requirements have been complied with.

(5) An authorisation to issue plant passports granted by the Secretary of State must be given in writing and may be granted subject to such conditions as the Secretary of State considers appropriate to ensure that any relevant requirements under this Order are complied with in relation to the relevant material, including the territories for which the plant passports to be issued will be valid.

(6) The Secretary of State may suspend the operation of an authorisation to issue plant passports entirely or in relation to specified premises or specified relevant material if, having regard to any examination of the premises of the registered plant trader and any relevant material there, the Secretary of State is not satisfied—

(a) that the premises or the relevant material are free from any relevant plant pests; and

(b) where any requirements are specified under this Order in relation to the relevant material, that those requirements have been complied with.

(7) The Secretary of State may suspend the operation of, or vary an authorisation to issue plant passports, to the extent that the Secretary of State considers necessary if satisfied that the registered plant trader has failed to—

(a) notify the Secretary of State in accordance with article 27(2) of any change in the particulars registered in relation to the plant trader;

(b) comply with any of the conditions specified in article 28(1);

(c) comply with any conditions in the authorisation granted under paragraph (5); or

(d) comply with a requirement in a notice served on the plant trader under article 32.

(8) In this article “relevant plant pest” means—

(a) a plant pest of a description specified in Part A or B of Schedule 1; or

(b) in relation to any relevant material of a description specified in column 2 of Schedule 2, a plant pest of a description specified in any entry in respect of that description of relevant material in column 3 of that Schedule which is present on the relevant material.