The Plant Health (Forestry) (Amendment) (Wales) Order 2019

Article 40 (notification of the presence or suspected presence of certain tree pests)

7.  In article 40(1)—

(a) in paragraph (1), for “any tree pest to which this article applies” substitute “any notifiable tree pest”;

(b) after paragraph (1A), in the text applying to Wales, insert—

“(1B) If the appropriate authority becomes aware of the presence or suspected presence of Xylella fastidiosa (Wells et al.) in any place or area in the relevant territory, the appropriate authority shall ensure that any person having under their control trees which may be infected by Xylella fastidiosa (Wells et al.) is immediately informed of—

(a) its presence or suspected presence;

(b) the possible consequences arising from its presence or suspected presence; and

(c) the measures to be taken as a result.”,

and substitute the text of new paragraph (1B), above, for paragraph (1B) of the text applying to England and Scotland; and

(c) in paragraph (2), for “This article applies to” substitute “In paragraph (1), “notifiable tree pest” means”.

(1)

Article 40 was amended by S.I. 2006/2696, 2013/755 and 2014/2420, and apply to Wales by virtue of S.I. 2015/1723 (W. 235). Article 40 was subsequently amended by S.I. 2016/1167.