2019 No. 1167 (W. 204)
The Plant Health (Wales) (Amendment) (No. 2) Order 2019
Made
Laid before the National Assembly for Wales
Coming into force in accordance with article 1
The Welsh Ministers make this Order in exercise of the powers conferred on them by sections 2 and 3(1) of the Plant Health Act 1967 M1.
Title and commencementI11
The title of this Order is the Plant Health (Wales) (Amendment) (No. 2) Order 2019 and it comes into force on the day after the day on which it is laid.
Amendment of the Plant Health (Wales) Order 2018I22
1
The Plant Health (Wales) Order 2018 M2 is amended as follows.
2
In article 21, omit paragraph (7).
3
In the table in Part C of Schedule 4, after item 10 insert—
11.
Plants, other than fruit or seeds, of Quercus L., other than Quercus suber, intended for planting, whose girth at 1.2 m above the root collar is 8 cm or more.
The plants must be accompanied by an official statement that they have been grown throughout their life:
a
in places of production in countries in which Thaumetopoea processionea L. is not known to occur;
b
in a protected zone which is recognised as a protected zone for Thaumetopoea processionea L. or in an area free from Thaumetopoea processionea L., established by the national plant protection organisation in accordance with IPSM No. 4; or
c
in a site with complete physical protection against the introduction of Thaumetopoea processionea L. and have been inspected at appropriate times and found to be free from Thaumetopoea processionea L.
1967 c. 8; section 2 was amended by paragraph 8(2)(a) of Schedule 4 to the European Communities Act 1972 (c. 68), Part 1 of the table in paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 (c. 2), S.I. 1990/2371 and S.I. 2011/1043. Section 3(1) was amended by paragraph 8(2)(a) and (b) of Schedule 4 to the European Communities Act 1972 and S.I. 2011/1043. The powers conferred by sections 2 and 3(1) are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) was amended by paragraph 43 of Schedule 2 to S.I. 2013/755 (W. 90). Section 1(2), as amended, provides that the competent authority for Wales is the Welsh Ministers.