The Plant Health (Wales) Order 2018

Authority to issue plant passports

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 Wales must apply in writing to the Welsh Ministers for the authority to do so.

(2) The applicant must provide the Welsh Ministers with any details which the Welsh Ministers reasonably require about the relevant material.

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

(4) The Welsh Ministers 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 Welsh Ministers are 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 Welsh Ministers must be given in writing and may be granted subject to such conditions as the Welsh Ministers consider 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 Welsh Ministers 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 Welsh Ministers are 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 Welsh Ministers may suspend the operation of, or vary an authorisation to issue plant passports, to the extent that the Welsh Ministers consider necessary if satisfied that the registered plant trader has failed to—

(a) notify the Welsh Ministers 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” (“pla planhigion perthnasol”) means—

(a) a plant pest of a description specified in 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.