The Plant Health (England) Order 2015

Interpretation of Part 2 E+W

3.  In this Part—

“approved place of inspection” means a place which has been approved by the Secretary of State under article 17;

“area of plant health control”, in relation to notifiable relevant material which has been landed, means—

(a)

its point of entry; or

(b)

where the material has been moved under appropriate customs procedures to a designated area of plant health control or an approved place of inspection, the designated area of plant health control or the approved place of inspection;

“Customs Code” means Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(1);

“designated area of plant health control” means a place close to a point of entry which has been designated as an area of plant health control by the Secretary of State and the Commissioners for Her Majesty’s Revenue and Customs;

“notifiable relevant material” means any relevant material—

(a)

of a description specified in Part A of Schedule 5; or

(b)

of a description specified in Part B of Schedule 5 and which is—

(i)

specified in column 2 of Part C of Schedule 4;

(ii)

listed in the second column of Annex II Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in respect of that relevant material in the first column of Annex II Part B; or

(iii)

listed in the first column of Annex IV Part B and in the course of its consignment to a protected zone that is recognised as a protected zone for the plant pests specified in respect of that relevant material in Annex IV Part B;

“official body of destination” has the same meaning as in Article 2(1)(l) of Directive 2000/29/EC;

“point of entry” means—

(a)

in the case of relevant material which arrives by air, the airport at which the material first arrives;

(b)

in the case of relevant material which arrives by maritime or fluvial transport, the port at which the material first arrives; or

(c)

in the case of relevant material which arrives by rail, the rail freight terminal at which the material first arrives;

“working day”, in relation to the notice requirements in articles 6(2)(c)(ii) and 16(3) and the period for which material may be detained under article 14(1), means a period of twenty-four hours which is not a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971(2).

(1)

OJ No L 302, 19.10.1992, p1, as amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ No L 117, 4.5.2005, p13); there are other amending instruments but none is relevant.

(2)

1971 c.80, to which there are amendments not relevant to this Order.