UK Statutory Instrument SI 2005/2517 United Kingdom

The Plant Health (Forestry) Order 2005

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Forestry Commission
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 27 obligations carry an unlimited fine. 25 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader7 Manufacturer7 Any Person7 Licence Holder1 Occupier1 Director or Officer1 Landlord1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Manufacturer — also bound by 502 other Acts
Any Person — also bound by 2340 other Acts
Licence Holder — also bound by 225 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Landlord — also bound by 224 other Acts
Housing Act 1985 55 duties
Housing Act 1996 30 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art001 Title and commencement
s.art002 General interpretation
Part 2

IMPORTS FROM THIRD COUNTRIES

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.art003 Interpretation of Part 2
Part 8

NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.art042 Power to share information for the purposes of the Order
Schedules

Schedules

8 of 79 shown
s.sch001 Tree pests which shall not be landed in or spread within Great Britain (opens in a new tab) Regulated
  • Do not land or spread prohibited tree pests in Great BritainAny Person
s.sch002 Prohibitions on the landing in and movement within Great Britain of infected relevant material (opens in a new tab) Regulated
  • Do not import or move specific infected trees, wood, or barkAny Person
s.sch005 Relevant material from a third country for which a phytosanitary certificate may be required (opens in a new tab) Regulated
  • Obtain phytosanitary certificates for imported plants and woodTrader
s.sch006 Prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport (opens in a new tab) Regulated
  • Obtain a plant passport for moving regulated trees and woodManufacturer
s.sch007 Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport (opens in a new tab) Regulated
  • Use plant passports when sending trees or wood to the EUManufacturer
s.sch009 Requirements for plant passports (opens in a new tab) Regulated
  • Ensure plant passports meet strict inspection and formatting standardsManufacturer
s.sch012 Notice of landing (opens in a new tab) Regulated
  • Format requirements for notices of landingTrader
s.sch013 Plant health movement document (opens in a new tab) Regulated
  • Use correct format and language for plant health movement documentsTrader
71 other schedules
s.sch001 Viruses and virus-like organisms
s.sch001 Parasitic plants
s.sch003 Relevant material which may not be landed in Great Britain if that material originates in certain third countries (opens in a new tab)
s.sch004 Restrictions on the landing in and movement within Great Britain of relevant material (opens in a new tab)
s.sch005 Trees of susceptible plants within the meaning of Article 1(2)...
s.sch005 Seeds of Castanea Mill.
s.sch005 Seeds and cones, intended for propagating, of the genera and...
s.sch005 Seeds intended for planting of Fraxinus L.
s.sch005 Parts of trees, other than fruits and seeds, of Fraxinus...
s.sch005 . . . . . . . . . ....
s.sch005 Wood referred to in paragraph (a) or (b) of the...
s.sch005 Specified wood within the meaning of Article 1(3) of Decision...
s.sch005 Specified wood within the meaning of Article 1(b) of Decision...
s.sch005 Soil or growing medium, which consists in whole or in...
s.sch005 Soil or growing medium attached to or appears to have...
s.sch006 Trees of specified plants within the meaning of Article 1(a)...
s.sch006 Susceptible wood or susceptible bark within the meaning of Article...
s.sch006 Specified wood within the meaning of Article 1(b) of Decision...
s.sch006 Trees, other than fruit, of Castanea Mill.
s.sch006 Seeds of Castanea Mill.
s.sch006 Trees, other than seeds, of Platanus L. or Populus L....
s.sch006 Trees, other than seeds, of Castanea Mill., intended for planting....
s.sch006 Wood referred to in paragraph (a) or (b) of the...
s.sch006 Trees intended for planting, including seeds and cones intended for...
s.sch006 Trees of specified plants within the meaning of Article 1(a)...
s.sch006 Isolated bark of Castanea Mill. or conifers (Coniferales).
s.sch006 . . . . . . . . . ....
s.sch006 Trees intended for planting of Fraxinus L.
s.sch006 Trees of susceptible plants within the meaning of Article 1(2)...
s.sch006 Trees of susceptible plants within the meaning of Article 1(a)...
s.sch006 Trees of specified plants within the meaning of Article 1(c)...
s.sch007 Trees of specified plants within the meaning of Article 1(a)...
s.sch007 Susceptible wood or susceptible bark within the meaning of Article...
s.sch007 Specified wood within the meaning of Article 1(b) of Decision...
s.sch007 Trees, other than fruit, of Castanea Mill.
s.sch007 Seeds of Castanea Mill.
s.sch007 Trees, other than seeds, of Platanus L. or Populus L....
s.sch007 Trees, other than seeds, of Castanea Mill., intended for planting....
s.sch007 Trees, other than fruit or seeds, of Eucalyptus L'Hérit.
s.sch007 Trees intended for planting, including seeds and cones intended for...
s.sch007 Trees of specified plants within the meaning of Article 1(a)...
s.sch007 Wood referred to in paragraph (a) or (b) of the...
s.sch007 . . . . . . . . . ....
s.sch007 Isolated bark of Castanea Mill. or conifers (Coniferales).
s.sch007 Trees intended for planting of Fraxinus L.
s.sch007 Trees of susceptible plants within the meaning of Article 1(2)...
s.sch007 Trees of susceptible plants within the meaning of Article 1(a)...
s.sch007 Trees of specified plants within the meaning of Article 1(c)...
s.sch008 Swiss plant passports (opens in a new tab)
s.sch008 Cut branches of— (a) Betula L., with or without foliage;...
s.sch008 Wood referred to in paragraph (a) or (b) of the...
s.sch008 Soil or growing medium, which consists in whole or in...
s.sch008 Soil or growing medium attached to or appears to have...
s.sch008 Isolated bark of conifers (Coniferales) originating in any country outside...
s.sch009 A plant passport may only be issued in respect of...
s.sch009 A plant passport shall comprise either an official label or...
s.sch009 The references in paragraph 1 above to an official label...
s.sch009 (1) The information contained in a plant passport shall be—...
s.sch009 Where a plant passport comprises only an official label, it...
s.sch009 Where the plant passport comprises an official label and an...
s.sch009 The information referred to in paragraph 5 and 6 above...
s.sch010 Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1) (opens in a new tab)
s.sch011 Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1) (opens in a new tab)
s.sch012 The notice of landing required under article 6(1) in relation...
s.sch012 The notice of landing required under article 6(1) or article...
s.sch012 The information contained in the notice shall be—
s.sch012 The notice of landing required under article 6(1) shall be...
s.sch012 The information contained in the notice in paragraph (1) shall...
s.sch013 The plant health movement document required under article 16(2)(a) shall...
s.sch013 The information contained in the notice in paragraph (1) shall...
s.sch014 Revocation of Orders (opens in a new tab)
s.006 Advance notification of landing Regulated
  • Notify the Forestry Commission before landing certain wood or plant materialsAny Person
s.009 Presentation and display of documents Regulated
  • Submit phytosanitary certificates and customs declarations for importsManufacturer
s.010 Prohibition on removal of relevant material from an area of plant health control Regulated
  • Do not remove plants or wood from health control areas without clearanceManufacturer
s.012 Plant health discharge Regulated
Other duties (1) — Crown / regulator
  • Forestry Commission must verify plant health standards before releasing materialStatutory regulator
s.014 Power of an officer for Revenue and Customs Regulated
  • Pay storage costs for timber or plants detained by CustomsManufacturer
s.015 General provisions relating to certificates Regulated
  • Ensure phytosanitary certificates meet specific formatting and timing rulesTrader
s.016 Requirements to be met by relevant material prior to inspection at its place or country of destination Regulated
  • Secure and notify authorities before moving restricted plant materialManufacturer
s.019 Prevention of the spread of tree pests Regulated
  • Do not keep, sell, or move prohibited tree pests or infected plantsAny Person
s.024 Registers of forestry traders Regulated
Other duties (1) — Crown / regulator
  • Forestry Commission must maintain a register of forestry tradersStatutory regulator
s.026 Registration requirements Regulated
  • Register as a forestry trader and report changes in circumstancesTrader
s.027 Conditions for maintaining registration as a forestry trader Regulated
  • Maintain registration as a forestry traderTrader
s.028 Authority to issue plant passports Regulated
  • Apply for authority to issue plant passportsTrader
s.035 Information as to compliance with notices Regulated
  • Confirm compliance with forestry notices when requestedAny Person
s.039 Licences for trial or scientific purposes and for work on varietal selections permitted by Directive 2008/61/ EC Regulated
  • Clean and sterilise premises after trial or scientific work on tree pestsLicence Holder
s.040 Notification of the presence or suspected presence of certain tree pests Regulated
  • Immediately notify authorities of suspected or present tree pestsOccupier
s.041 Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material Regulated
  • Notify the Forestry Commission of pests in a free zoneAny Person
s.042 Information to be given Regulated
  • Provide information and documents to the Forestry Commission on requestLandlord
s.043 Offences Prosecution
  • Breach forestry health and plant passport regulationsDirector or Officer

Unlimited fine

s.044 Penalties Prosecution
  • Breach of plant health and forestry regulationsAny Person

Unlimited fine

31 other provisions
s.001 Title and commencement (opens in a new tab)
s.002 General interpretation (opens in a new tab)
s.003 Interpretation of Part 2 (opens in a new tab)
s.004 Application of Part 2
s.005 Prohibitions and restrictions on landing tree pests and relevant material
s.007 Requirements for certificates
s.008 Exceptions from certain prohibitions and requirements
s.011 Exceptions from prohibition on removal of relevant material from area of plant health control
s.013 Request to an officer for Revenue and Customs for material to be detained
s.017 Approved places of inspection
s.018 Prohibitions and restrictions on landing tree pests and relevant material
s.020 Requirements for plant passports
s.021 Exceptions from certain prohibitions and requirements
s.022 Validity of plant passports for Great Britain
s.023 General provisions relating to plant passports
s.025 Obligation to register
s.029 Swiss trade and Swiss plant passports
s.030 Examination, sampling and marking
s.031 Actions which may be required by an inspector
s.032 Actions which may be taken by an inspector
s.033 Miscellaneous provisions as to notices
s.034 Service of notices
s.036 Failure to comply with a notice
s.037 Power to enter premises used wholly or mainly as a dwelling
s.038 Licences to carry out activities prohibited by this Order
s.045 The Customs Act
s.046 Revocation
s.inspectors Inspectors
s.para.49 Insects, mites and nematodes
s.para.50 Bacteria
s.para.51 Fungi

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.