UK Statutory Instrument
2005
United Kingdom
The Plant Health (Forestry) Order 2005
At a glance
Enforced by
What's here
27 compliance obligations
Penalty landscape
2 of 27 obligations carry an unlimited fine. 25 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Trader 7
- Manufacturer 7
- Any Person 7
- Licence Holder 1
- Occupier 1
- Director or Officer 1
- Landlord 1
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Traders also bound by 826 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 413 duties
- Companies Act 2006 2006 243 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 114 duties
- Insolvency (England and Wales) Rules 2016 2016 62 duties
- Building Societies Act 1986 1986 56 duties
Manufacturers also bound by 472 other Acts (top 5 shown)
- Pressure Equipment (Safety) Regulations 2016 2016 91 duties
- Lifts Regulations 2016 2016 70 duties
- The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 2021 70 duties
- Non-Automatic Weighing Instruments Regulations 2016 2016 67 duties
- Pyrotechnic Articles (Safety) Regulations 2015 2015 64 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Licence Holders also bound by 221 other Acts (top 5 shown)
- Petroleum (Current Model Clauses) Order 1999 1999 317 duties
- The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 2004 123 duties
- Human Medicines Regulations 2012 2012 76 duties
- Space Industry Regulations 2021 2021 68 duties
- The Petroleum (Production) (Landward Areas) Regulations 1991 1991 65 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
Landlords also bound by 216 other Acts (top 5 shown)
- Renting Homes (Wales) Act 2016 2016 74 duties
- Housing Act 1985 1985 53 duties
- Housing Act 1996 1996 30 duties
- The Service Charges (Consultation Requirements) (England) Regulations 2003 2003 27 duties
- The Service Charges (Consultation Requirements) (Wales) Regulations 2004 2004 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — GENERAL
Browse 3 other sections in this Part — procedural / definitional / commencement
General interpretation
Inspectors
Part 2 — IMPORTS FROM THIRD COUNTRIES
Browse 15 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 2
Application of Part 2
Prohibitions and restrictions on landing tree pests and relevant material
Advance notification of landing
Requirements for certificates
Exceptions from certain prohibitions and requirements
Presentation and display of documents
Prohibition on removal of relevant material from an area of plant health control
Exceptions from prohibition on removal of relevant material from area of plant health control
Plant health discharge
Request to an officer for Revenue and Customs for material to be detained
Power of an officer for Revenue and Customs
General provisions relating to certificates
Requirements to be met by relevant material prior to inspection at its place or country of destination
Approved places of inspection
Part 3 — INTERNAL COMMUNITY CONTROLS ON MOVEMENT
Browse 6 other sections in this Part — procedural / definitional / commencement
Prohibitions and restrictions on landing tree pests and relevant material
Prevention of the spread of tree pests
Requirements for plant passports
Exceptions from certain prohibitions and requirements
Validity of plant passports for Great Britain
General provisions relating to plant passports
Part 4 — REGISTRATION OF FORESTRY TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
Browse 5 other sections in this Part — procedural / definitional / commencement
Registers of forestry traders
Obligation to register
Registration requirements
Conditions for maintaining registration as a forestry trader
Authority to issue plant passports
Part 5 — SWISS TRADE AND SWISS PLANT PASSPORTS
Browse 1 other section in this Part — procedural / definitional / commencement
Swiss trade and Swiss plant passports
Part 6 — MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF TREE PESTS
Browse 8 other sections in this Part — procedural / definitional / commencement
Examination, sampling and marking
Actions which may be required by an inspector
Actions which may be taken by an inspector
Miscellaneous provisions as to notices
Service of notices
Information as to compliance with notices
Failure to comply with a notice
Power to enter premises used wholly or mainly as a dwelling
Part 7 — LICENCES
Browse 2 other sections in this Part — procedural / definitional / commencement
Licences to carry out activities prohibited by this Order
Licences for trial or scientific purposes and for work on varietal selections permitted by Directive 2008/61/EC
Part 8 — NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
Browse 4 other sections in this Part — procedural / definitional / commencement
Notification of the presence or suspected presence of certain tree pests
Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material
Information to be given
Power to share information for the purposes of the Order
Part 9 — OFFENCES
Browse 2 other sections in this Part — procedural / definitional / commencement
Offences
Penalties
Part 10 — THE CUSTOMS ACT AND REVOCATION
Browse 2 other sections in this Part — procedural / definitional / commencement
The Customs Act
Revocation
Schedules
Tree pests which shall not be landed in or spread within Great Britain
- Do not land or spread prohibited tree pests in Great Britain Any Person
Prohibitions on the landing in and movement within Great Britain of infected relevant material
- Do not import or move specific infected trees, wood, or bark Any Person
Relevant material from a third country for which a phytosanitary certificate may be required
- Obtain phytosanitary certificates for imported plants and wood Trader
Prohibitions on the landing in and movement within Great Britain of relevant material without a plant passport
- Obtain a plant passport for moving regulated trees and wood Manufacturer
Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport
- Use plant passports when sending trees or wood to the EU Manufacturer
Requirements for plant passports
- Ensure plant passports meet strict inspection and formatting standards Manufacturer
Notice of landing
- Format requirements for notices of landing Trader
Plant health movement document
- Use correct format and language for plant health movement documents Trader
Browse 71 other Schedules — structural / supplementary
Viruses and virus-like organisms
Parasitic plants
Relevant material which may not be landed in Great Britain if that material originates in certain third countries
Restrictions on the landing in and movement within Great Britain of relevant material
Trees of susceptible plants within the meaning of Article 1(2)...
Seeds of Castanea Mill.
Seeds and cones, intended for propagating, of the genera and...
Seeds intended for planting of Fraxinus L.
Parts of trees, other than fruits and seeds, of Fraxinus...
. . . . . . . . . ....
Wood referred to in paragraph (a) or (b) of the...
Specified wood within the meaning of Article 1(3) of Decision...
Specified wood within the meaning of Article 1(b) of Decision...
Soil or growing medium, which consists in whole or in...
Soil or growing medium attached to or appears to have...
Trees of specified plants within the meaning of Article 1(a)...
Susceptible wood or susceptible bark within the meaning of Article...
Specified wood within the meaning of Article 1(b) of Decision...
Trees, other than fruit, of Castanea Mill.
Seeds of Castanea Mill.
Trees, other than seeds, of Platanus L. or Populus L....
Trees, other than seeds, of Castanea Mill., intended for planting....
Wood referred to in paragraph (a) or (b) of the...
Trees intended for planting, including seeds and cones intended for...
Trees of specified plants within the meaning of Article 1(a)...
Isolated bark of Castanea Mill. or conifers (Coniferales).
. . . . . . . . . ....
Trees intended for planting of Fraxinus L.
Trees of susceptible plants within the meaning of Article 1(2)...
Trees of susceptible plants within the meaning of Article 1(a)...
Trees of specified plants within the meaning of Article 1(c)...
Trees of specified plants within the meaning of Article 1(a)...
Susceptible wood or susceptible bark within the meaning of Article...
Specified wood within the meaning of Article 1(b) of Decision...
Trees, other than fruit, of Castanea Mill.
Seeds of Castanea Mill.
Trees, other than seeds, of Platanus L. or Populus L....
Trees, other than seeds, of Castanea Mill., intended for planting....
Trees, other than fruit or seeds, of Eucalyptus L'Hérit.
Trees intended for planting, including seeds and cones intended for...
Trees of specified plants within the meaning of Article 1(a)...
Wood referred to in paragraph (a) or (b) of the...
. . . . . . . . . ....
Isolated bark of Castanea Mill. or conifers (Coniferales).
Trees intended for planting of Fraxinus L.
Trees of susceptible plants within the meaning of Article 1(2)...
Trees of susceptible plants within the meaning of Article 1(a)...
Trees of specified plants within the meaning of Article 1(c)...
Swiss plant passports
Cut branches of— (a) Betula L., with or without foliage;...
Wood referred to in paragraph (a) or (b) of the...
Soil or growing medium, which consists in whole or in...
Soil or growing medium attached to or appears to have...
Isolated bark of conifers (Coniferales) originating in any country outside...
A plant passport may only be issued in respect of...
A plant passport shall comprise either an official label or...
The references in paragraph 1 above to an official label...
(1) The information contained in a plant passport shall be—...
Where a plant passport comprises only an official label, it...
Where the plant passport comprises an official label and an...
The information referred to in paragraph 5 and 6 above...
Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)
Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1)
The notice of landing required under article 6(1) in relation...
The notice of landing required under article 6(1) or article...
The information contained in the notice shall be—
The notice of landing required under article 6(1) shall be...
The information contained in the notice in paragraph (1) shall...
The plant health movement document required under article 16(2)(a) shall...
The information contained in the notice in paragraph (1) shall...
Revocation of Orders
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Advance notification of landing
- Notify the Forestry Commission before landing certain wood or plant materials Any Person
Presentation and display of documents
- Submit phytosanitary certificates and customs declarations for imports Manufacturer
Prohibition on removal of relevant material from an area of plant health control
- Do not remove plants or wood from health control areas without clearance Manufacturer
Plant health discharge
Other duties (1) — Crown / regulator
- Forestry Commission must verify plant health standards before releasing material Statutory regulator
Power of an officer for Revenue and Customs
- Pay storage costs for timber or plants detained by Customs Manufacturer
General provisions relating to certificates
- Ensure phytosanitary certificates meet specific formatting and timing rules Trader
Requirements to be met by relevant material prior to inspection at its place or country of destination
- Secure and notify authorities before moving restricted plant material Manufacturer
Prevention of the spread of tree pests
- Do not keep, sell, or move prohibited tree pests or infected plants Any Person
Registers of forestry traders
Other duties (1) — Crown / regulator
- Forestry Commission must maintain a register of forestry traders Statutory regulator
Registration requirements
- Register as a forestry trader and report changes in circumstances Trader
Conditions for maintaining registration as a forestry trader
- Maintain registration as a forestry trader Trader
Authority to issue plant passports
- Apply for authority to issue plant passports Trader
Information as to compliance with notices
- Confirm compliance with forestry notices when requested Any Person
Licences for trial or scientific purposes and for work on varietal selections permitted by Directive 2008/61/ EC
- Clean and sterilise premises after trial or scientific work on tree pests Licence Holder
Notification of the presence or suspected presence of certain tree pests
- Immediately notify authorities of suspected or present tree pests Occupier
Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material
- Notify the Forestry Commission of pests in a free zone Any Person
Information to be given
- Provide information and documents to the Forestry Commission on request Landlord
Offences
Unlimited fine- Breach forestry health and plant passport regulations Director or Officer
Penalties
Unlimited fine- Breach of plant health and forestry regulations Any Person
Browse 31 other sections
Title and commencement
General interpretation
Interpretation of Part 2
Application of Part 2
Prohibitions and restrictions on landing tree pests and relevant material
Requirements for certificates
Exceptions from certain prohibitions and requirements
Exceptions from prohibition on removal of relevant material from area of plant health control
Request to an officer for Revenue and Customs for material to be detained
Approved places of inspection
Prohibitions and restrictions on landing tree pests and relevant material
Requirements for plant passports
Exceptions from certain prohibitions and requirements
Validity of plant passports for Great Britain
General provisions relating to plant passports
Obligation to register
Swiss trade and Swiss plant passports
Examination, sampling and marking
Actions which may be required by an inspector
Actions which may be taken by an inspector
Miscellaneous provisions as to notices
Service of notices
Failure to comply with a notice
Power to enter premises used wholly or mainly as a dwelling
Licences to carry out activities prohibited by this Order
The Customs Act
Revocation
Inspectors
Insects, mites and nematodes
Bacteria
Fungi
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Government department responsible for protecting, expanding, and promoting the sustainable management of woodlands in England. Issues felling licences, administers woodland creation grants, …
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