UK Statutory Instrument
2005
United Kingdom
The Plant Health (England) Order 2005 (revoked)
At a glance
Enforced by
What's here
2 compliance obligations
Penalty landscape
1 of 2 obligations carry an unlimited fine. 1 carries different penalties — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 2
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.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 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 2 other sections in this Part — procedural / definitional / commencement
General interpretation
Part 2 — IMPORTS FROM THIRD COUNTRIES
Browse 16 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 2
Application of Part 2
Prohibitions and restrictions on landing plant 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
Requirement for plant health movement document
Part 3 — INTERNAL COMMUNITY CONTROLS ON MOVEMENT
Browse 6 other sections in this Part — procedural / definitional / commencement
Prohibitions on landing plant pests and relevant material
Prevention of the spread of plant pests
Requirements for plant passports
Exceptions from certain prohibitions and requirements
Validity of plant passports for England
General provisions relating to plant passports
Part 4 — REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
Browse 5 other sections in this Part — procedural / definitional / commencement
Register of plant traders
Obligation to register
Registration requirements
Conditions for maintaining registration as a plant 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 PLANT 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 — PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES
Browse 1 other section in this Part — procedural / definitional / commencement
Miscellaneous provisions for certain solanaceous species
Part 8 — 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
Part 9 — NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
Browse 3 other sections in this Part — procedural / definitional / commencement
Notification of the presence or suspected presence of certain plant pests
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
Information to be given
Part 10 — OFFENCES
Browse 2 other sections in this Part — procedural / definitional / commencement
Offences
Penalties
Part 11 — THE CUSTOMS ACT AND REVOCATION
Browse 2 other sections in this Part — procedural / definitional / commencement
The Customs Act
Revocation
Schedules
Browse 102 other Schedules — structural / supplementary
Plant pests which shall not be landed in or spread within England
Relevant material which may not be landed in or moved within England if that material is carrying or infected with plant pests
Relevant material which may not be landed in England if that material originates in certain third countries
Restrictions on the landing in and movement within England of relevant material
Relevant material from a third country for which a phytosanitary certificate may be required
Parts of plants of Eucalyptus L'Hérit.
Prohibitions on the landing in and movement within England of relevant material without a plant passport
Plants, other than seeds, of Beta vulgaris L. or Humulus...
Plants of stolon or tuber forming species of Solanum L.,...
Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus...
Plants, other than fruit or seeds, of Citrus L..
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with...
Plants in paragraphs (a) to (e) which are produced by...
Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
The plants in paragraphs (a) and (b) which are produced...
Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium spp. or...
Fruits (bolls) of Gossypium spp. or unginned cotton or fruits...
Swiss plant passports
Grains of the genera Triticum, Secale or X Triticosecale originating...
Fruit of— (a) Momordica L. or Solanum melongena L.; or...
Tubers of Solanum tuberosum L. other than for planting.
Soil or growing medium, which consists in whole or in...
Soil or growing medium attached to or appears to have...
Requirements for plant passports
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)
Notice of landing
The notice of landing required under article 6(1) shall be...
The information contained in the notice in paragraph (1) shall...
Plant health movement document
The plant health movement document required under article 18 shall...
The information contained in the notice in paragraph (1) shall...
Special measures for the control of Potato Wart Disease
If, as a result of an official test, Synchytrium endobioticum...
A plot shall be regarded as being contaminated for the...
A notice under article 32 may require any potato tubers...
Where an inspector is satisfied that any potato tubers or...
Where a contaminated plot is demarcated under paragraph 1—
Where a safety zone is demarcated under paragraph 1 no...
A potato variety shall be considered to be resistant to...
Where an inspector is satisfied that Synchytrium endobioticum is no...
Special measures for the control of Potato Cyst Nematode
If, as a result of an official test, Potato Cyst...
Subject to paragraph 5, no person shall distribute as seed...
Subject to paragraph 5, where contaminated land is demarcated under...
Where an inspector is satisfied that Potato Cyst Nematode is...
Provided there is no risk of the spread of Potato...
A potato variety shall be regarded as being resistant to...
Special measures for the control of Potato Ring Rot
In this Schedule— “specified plant material” means tubers or plants...
The measures referred to in paragraph 9 are—
The measures referred to in paragraph 9 are—
Where an inspector is satisfied that a place of production...
Where an inspector is satisfied that a place of production...
The measures referred to in paragraph 13(b) are—
The authorisation referred to in paragraph 13(a) may require that...
Where a place of production is designated by an inspector...
Where specified plant material is designated by an inspector to...
The methods by which material can be required to be...
Where specified plant material is determined by an inspector to...
The methods by which material can be required to be...
A notice under article 32 may require that any machinery,...
Anything cleansed and disinfected in accordance with paragraph 6(b) shall...
Without prejudice to paragraph 6, a notice under article 32...
Subject to paragraph 13, where a place of production is...
Ralstonia solanacearum
The measures referred to in paragraph 9 are—
The measures referred to in paragraph 9 are—
Where a place of production is designated by an inspector...
The measures referred to in paragraph 12(b) are—
The authorisation referred to in paragraph 12(a) may require that—...
Where a place of production is designated by an inspector...
Where a place of production is designated by an inspector...
Anything cleansed and, where appropriate disinfected in accordance with paragraph...
Without prejudice to paragraph 6, a notice under article 32...
Subject to paragraph 12, where a place of production is...
Notification requirements
Live organisms of the animal kingdom
Bacteria
Cyptograms
Viruses and virus-like pathogens
Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode
Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium...
Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt
Chrysanthemum stunt viroid
Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens –...
Erwinia amylovora (Burr.) Winslow et al., the cause of Fire...
Puccinia horiana P. Henn – Chrysanthemum white rust
Plum pox virus
Erwinia chrysanthemi pv dianthicola (Hellmers) Dickey – Slow wilt of...
Verticillium albo-atrum Reinke and Berth. – Verticillium wilt disease
Raspberry ringspot virus
Xanthomonas campestris pv vesicatoria (Diodge) Dye – Tomato bacterial spot...
Verticillium dahliae Klebahn – Verticillium wilt of hops
Strawberry crinkle virus
Strawberry latent ringspot virus
Strawberry mild yellow edge virus
Tomato black ring virus
Tomato spotted wilt virus
Revocation of Orders
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Offences
Unlimited fine- Breach of plant health and pest notification rules Any Person
Penalties
2 years imprisonment- Breach of transmissible encephalopathies (BSE) regulations Any Person
Browse 46 other unclassified sections
Title, commencement, extent and application
General interpretation
Interpretation of Part 2
Application of Part 2
Prohibitions and restrictions on landing plant 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
Requirement for plant health movement document
Prohibitions on landing plant pests and relevant material
Prevention of the spread of plant pests
Requirements for plant passports
Exceptions from certain prohibitions and requirements
Validity of plant passports for England
General provisions relating to plant passports
Register of plant traders
Obligation to register
Registration requirements
Conditions for maintaining registration as a plant trader
Authority to issue plant passports
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
Information as to compliance with notices
Failure to comply with a notice
Power to enter premises used wholly or mainly as a dwelling
Miscellaneous provisions for certain solanaceous species
Licences to carry out activities prohibited by this Order
Licences for trial or scientific purposes and for work on varietal selections
Notification of the presence or suspected presence of certain plant pests
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
Information to be given
The Customs Act
Revocation
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Animal and Plant Health Agency
Safeguards animal and plant health for the benefit of people, environment and economy. Issues export health certificates, manages disease outbreaks, operates veterinary …
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.