PART 11Miscellaneous

The Customs Act48

The provisions of this Order apply without prejudice to the Customs Act.

Revocation and transitional provisions49

1

The Plant Health (England) Order 200531 and the Orders specified in Schedule 18 are revoked.

2

Any notice issued or licence, authorisation or other approval granted under the Plant Health (England) Order 2005 and which has effect at the coming into force of this Order remains in force as if it were issued or granted under this Order.

3

Entries which are on the register kept under article 25(1) of the Plant Health (England) Order 2005 immediately before this Order comes into force are to be treated as if entered on the register under article 25(1) of this Order.

Review50

1

Before the end of each review period, the Secretary of State must—

a

carry out a review of this Order;

b

set out the conclusions of the review in a report; and

c

publish the report.

2

In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to how Directive 2000/29/EC, Council Directive 69/464/EEC on control of Potato Wart Disease32, Directive 93/85/EEC, Directive 98/57/EC and Directive 2007/33/EC are implemented in other member States.

3

The report must in particular—

a

set out the objectives intended to be achieved by this Order;

b

assess the extent to which those objectives are achieved; and

c

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

4

The first review period is the period of five years beginning with the date on which this Order comes into force.

5

Each subsequent review period is a period of five years beginning with the date on which the preceding review was published.