Textual Amendments
F1Sch. 16 Pt. B renumbered as Sch. 16 Pt. D (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(j)
14. This Part applies where an inspector has demarcated a zone in relation to a confirmed finding of Potato brown rot under [F2Part B].E+W
Textual Amendments
F2Words in Sch. 16 para. 14 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(k)
15. The Secretary of State may, by notice, specify—E+W
(a)how long the zone is to remain demarcated;
(b)the measures which apply in the demarcated zone.
16. A notice under paragraph 15—E+W
(a)must be in writing;
(b)must describe the extent of the demarcated zone;
(c)must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone;
(d)must specify the date on which each measure takes effect;
(e)must be published in a manner appropriate to bring it to the attention of the public; and
(f)may be amended, suspended or revoked, in whole or in part, by further notice.
17. Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this Schedule, except where the part which is outside the demarcated zone is not in England.E+W
18. A notice published in accordance with paragraph 16 is to be treated as having been served on—E+W
(a)any occupier or other person in charge of any premises within the demarcated zone;
(b)any person who—
(i)has a right to use any contaminated surface water;
(ii)has any contaminated surface water on premises within the demarcated zone which the person occupies or is in charge of; and
(c)any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.
19. [F3A notice under paragraph 15 must specify that]—E+W
(a)any machinery or [F4storage facilities] at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;
(b)in the case of potato crops, [F5during the specified period] only certified seed potatoes or seed potatoes grown under official control may be planted;
(c)[F6during the specified period] potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes;
(d)in the case of tomato crops, [F7during the specified period] only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted;
(e)contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of an inspector;
(f)if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of an inspector.
Textual Amendments
F3Words in Sch. 16 para. 19 substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(l)(i)
F4Words in Sch. 16 para. 19(a) substituted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(l)(ii)
F5Words in Sch. 16 para. 19(b) inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(l)(iii)
F6Words in Sch. 16 para. 19(c) inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(l)(iv)
F7Words in Sch. 16 para. 19(d) inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(l)(v)
20. The Secretary of State may only specify—E+W
(a)the measures referred to in paragraph 19(a) to (d) where the zone has been demarcated for the purposes of Article 5(1)(a)(iv) of Directive 98/57/EC;
(b)the measures referred to in paragraph 19(e) and (f) where the zone has been demarcated for the purposes of Article [F85(1)(c)(iii)] of Directive 98/57/EC.
Textual Amendments
F8Word in Sch. 16 para. 20(b) substituted (6.2.2017) by The Plant Health (England) (Amendment) Order 2017 (S.I. 2017/8), arts. 1, 16
[F921. The Secretary of State must ensure that during the specified period—E+W
(a)premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by inspectors;
(b)an official survey is carried out in accordance with Article 2 of Directive 98/57/EC;
(c)a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.
Textual Amendments
F9Sch. 16 paras. 21, 22 inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(m)
22. For the purposes of paragraphs 19 and 21, the “specified period” means the period specified in the notice, which must be at least three growing seasons following the year in which the relevant zone was demarcated.]E+W
Textual Amendments
F9Sch. 16 paras. 21, 22 inserted (3.4.2019) by The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/786), regs. 1(2)(a), 6(m)